4
May

Lindsey Springer Update – April 29, 2013

   Posted by: BobMcNeil   in IRS

Bob

Lindsey Springer provides another update from his prison cell in Big Spring, Texas.

In this update, he discusses:

1. His Motion to Vacate, Set Aside or Correct a Sentence;
2. His 76 grounds for relief;
3. His efforts to have the judge recused;
4. How, if your State Constitution prohibits imprisonment for failure to or non-payment of a debt that the Ninth and Tenth Amendment to the United States Constitution require the United States to never imprison you for failure to pay such debt;
5. How the obligation to file an income tax return and the criminalization of willful failure to do so represent statutory mandates divorced from Form 1040 United States Individual Income Tax Returns;
6. His filing a Motion for Declaratory Judgment asking for the Court to rule that the obligation to file a Form 1040 is voluntary and even divorced from the statutory obligation to file an income tax return.

Read the full update below:

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——– Original Message ——–
Subject:     Springer update
Date:     Mon, 29 Apr 2013 18:59:12 -0500
From:     Lindsey Springer <[email protected]>
To:     Lindsey Springer <[email protected]>

Lindsey  Springer here seeking to give you an update regarding my latest document submissions.

On March 11, 2013, I filed a Petition/Motion in the District Court that tried me on 6 Charges of Title 26, or Title 26 related crimes (a/k/a Internal Revenue Code).

I raised 76 grounds for relief and support my 76 grounds with a Declaration and Memorandum in support.  You may download each of these documents at the web pages below.  I have also sought recusal of the Judge assigned to my Petition/Motion which raises civil rights claims (76) due to those claims arising due to his conduct being mostly to blame for my unlawful incarceration.

The procedure I am using is found at Title 28, Section 2255.   Although habeas corpus is a new civil proceeding, and not a continuation of the criminal proceeding, except to file the Petition/Motion, I have ran into fundamental issues with how the Judge is proceeding.   For instance, he refuses to use the new civil case number and continues to file documents in the criminal case as if the civil case means nothing.  I have taken steps to understand how he was assigned as he is from the Western Judicial District of Oklahoma and my Petition/Motion was filed in the Northern District.  I will vindicate my right to habeas relief.

Although 76 grounds for relief are at the core of what makes America anything, I will discuss a few at a time so as to keep your attention because if I can keep your attention then things will change for everyone.

Did you know that if your State Constitution prohibits imprisonment for failure to or non-payment of a debt that the Ninth and Tenth Amendment to the United States Constitution require the United States to never imprison you for failure to pay such debt?

Congress at 28 U.S.C. Section 2007 mandates no such person living in any State where imprisonment for failure to pay a debt has been abolished can be so imprisoned.

For instance, in the State of Oklahoma, our Constitution prohibits imprisonment for debt but allows imprisonment for failure to pay a fine or penalty.  See Article 2, Section 13.

So, for those of you living in a State that prohibit imprisonment for non-payment of a debt, you need to be aware of this right you have especially due to all the debt circulating and not being able to be paid back, be it private or personal debt, and even Federal Income Taxes.

If you do not live in a State that abolished imprisonment for debt maybe it is time you think about relocating to one that does.  That issue is ground 67 of my 76 grounds for relief.

Next, did you know that the obligation to file an income tax return and the criminalization of willful failure to do so represent statutory mandates divorced from Form 1040 United States Individual Income Tax Returns?  See U.S. v. Springer, 444 Fed. Appx. 256, 262(10th Cir. 2011).

Yep, the Tenth Circuit held using Form 1040 to satisfy the requirement to file an income tax return and the criminalization of willful failure to do so is 100% purely voluntary.  The Tenth Circuit also held:

“there is no substantive obligation or crime arising out of Form 1040 itself.”

444 Fed. Appx. at 262

Now this decision was written on October 26, 2011, which was the Tenth Circuit’s answer to my direct appeal where I was challenging the Grand Jury allegation that I was required to file Form 1040s because the Form did not comply with Federal Law.  The Commission of Internal Revenue informs the public they are not required to file Form 1040 unless it complies with Federal law.  It was easy to see Form 1040 United States Individual Income Tax Returns did not comply with Federal laws.

In 2006, when I sought an injunction against the IRS investigation into my failure to file Form 1040 United States Individual Income Tax Returns, because I claimed Form 1040 did not comply with Federal Law, and was thus barred, the Northern District Chief Judge in denying me relief held:

“the Secretary of the Treasury and IRS have clear authority to impose criminal and civil penalties RELATED TO FORM 1040”

See Springer v. IRS, 447 F. Supp. 2d 1235, 1238(N.D. Ok. 2006)(6.22.2006)

During my sentencing hearing Judge Friot increased my sentence several years making the following finding of fact:

“As for Mr. Springer, at trial he looked at the jury and testified under oath that…he did not willfully fail to file Form 1040 for the years 2000 through 2005…[T]hese statements are categorically false.  They were under oath.  They were made for the purpose of deceiving the jury, and they amounted to obstruction of justice, MR SPRINGER.”

See my Declaration, citing to Doc. 401, pg. 427-28, lns 21-25; 1-10

Ask yourself this question.  If the requirement to file a tax return is divorced from Form 1040 then how did I attempt to deceive the Jury when I told them I did not willfully fail to file Form 1040 for 2000 through 2005?  Another question to ask is if Judge Eagan held Form 1040 was related to criminal penalties imposed by the Secretary of the Treasury and IRS and the Tenth Circuit 5 years later held Form 1040 was divorced from the same criminal penalties, how could I be penalized for “refrain[ing]” FROM FILING WITH THE IRS FORM 1040S AND UNITED STATES INDIVIDUAL INCOME TAX RETURNS IF THOSE FORMS OF RETURN WAS NOT REQUIRED BY LAW?

Another issue I have raised is premised upon the recent Supreme Court decision that held Title 26, Section 7201 proscribes to distinct crimes for purpose of Fifth Amendment indictment purposes (infamous crime).  The Supreme Court held in Kawashima v. Holder, 182 L.Ed. 2d 1, 10(decided Feb. 21, 2012) that Section “7201 includes two offenses.”  In light of all the Tax Evasion charges being levied nation wide and all the Defendants that will need competent counsel to represent them on an area that few attorneys or judges know anything about, I recently sent out an email discussing this issue in great detail.   Suffice it to say, there is the crime of attempting to evade assessment and the crime of attempting to evade payment.

Remember, the Supreme Court held that without you owing a tax debt, you could never commit the crime of attempting to evade assessment or payment of a tax.  The best way to understand which crime you have been charged with is to assess the acts alleged to affirm the evasion.  If the acts allege  you concealing how much income you earned that crime is the evasion of assessment type and if the acts allege you were hiding assets so the IRS could not collect payment on taxes no longer in dispute that you owe then the crime is evasion of payment type.

In my case, as it has been obviously customary for the Tax Division to do, the merged evasion of assessment and payment into one crime upon the theory if you did not file a return you evade payment as well as assessment.  Under the Fifth Amendment promise you cannot have two crimes in one charge with no way of knowing which crime the jury was unanimous is finding you committed.

These are just some highlights of my 76 grounds and I am certain you will find some of what I wrote interesting.  Again, if you click on the links below you can download what was filed.  Once my motion to recuse is docketed I will send another email out so you can see what I have been through in a more thorough explanation.

I am filing a Motion for Declaratory Judgment asking under  28 U.S.C. Section 2001 and Federal Rules of Civil Procedure 57, and Rules Governing 2255 Proceedings Rule 12, for the Court to rule that the obligation file a Form 1040 is voluntary and even divorced from the statutory obligation to file an income tax return.   I realize the Tenth Circuit held it was divorced but the  Declaratory Judgment seeks to obtain a conclusion when I told the Jury I did not willfully fail to file Form 1040 for years  2000 through 2005 that statement was “categorically” true.

I pray God bless you in reading these words with full revelation.

Lindsey Springer   4.28.13

P.S.  PenaltyProtestor file downloads were previously unavailable, but have been fixed.

http://penaltyprotestor.org/files/2013-04-27_2255-combined.pdf
(34.6MB)

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Thank you so much for the support you have given us so far.  I pray that you are rewarded for your generosity, both in this life and the next.

PayPal:
[email protected]

Mailing address for donations or other inquiries (cash, or blank first name on checks):
_________  Springer
5147 S. Harvard, #116
Tulsa, OK  74135

Letters to Lindsey directly (no donations or packages):
Lindsey Springer, 02580-063
FCI Big Spring
1900 Simler Ave
Big Spring, TX  79720

Thanks,
Lindsey & Family

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In freedom,

Bob McNeil
All About Bob
Phone: (713) 806-5199

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This entry was posted on Saturday, May 4th, 2013 at 3:08 pm and is filed under IRS. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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