A recent victim of IRS fraud emailed me about his experience with collusion between the IRS and the Social Security Administration to impoverish him for a debt he does not owe:

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April 1, 2017
Hi Bob

I’m a friend of [Redacted] and have been a part of this movement for about 17 years. Recently I became eligible for SS benefits but the IRS has stepped in and told the SSA to submit my benefits check to them. Using the dreaded Notice of Levy. I’ve spoken and written several times to the SSA and the last time sending an affidavit, signed and notarized. The SSA has said that they will be sending my full check to the IRS, their words were, “we will be assisting the IRS in this matter”.

At this point is there anything I can do? A lawsuit? I’m not well versed in court procedures.
Thank you for your valuable time,
Russ
California
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Let us never forget that the progressive income tax was imposed in 1913 by the members of Congress, and the President, in power at that time.

More than 100 years later, “We the People” continue to be enslaved by this unfair, complex and corrupt tax system that robs us of our wealth, threatens us with levies, liens, fines, property seizures and imprisonment, and deprives us of our God-given right to live our lives at the level of liberty and happiness recognized by the Founding Fathers and enshrined in the Declaration of Independence.

Let us also never forget that we live under these conditions because the members of Congress and our President, in power today, refuse to repeal this unjust law, return to the original taxing methods still alive and well in the Constitution today, and set us free from this tyranny.

So, until “We the People” use the power of our votes to remove the current politicians from office and replace them with true, citizen Representatives and Senators, and also elect a President who will sign the repeal legislation they will pass, we, our children, and our children’s children will continue to live under the tyranny and corruption we have identified in our lawsuits.

The 2018 elections present the next opportunity to do so.

Please continue reading for information on the following topics:

A. Status of Cases
B. My Entry Into State Tax Legislation
C. God Opens A New Door
D. 16-CV-1053 Crumpacker v Ciraolo-Klepper, et al Update
E. Five Notices of Appeal Filed
F. Donations

A. Status of Cases

To date, we have filed, or assisted in the filing of, thirteen (13) cases in the U.S. District Court for the District of Columbia and one (1) case in the U.S. District Court for the Eastern District of California – Fresno Division .  Some are now in the U.S. Court of Appeals for the D.C. Circuit and one (1) will be headed to the Supreme Court soon:

01 14-CV-471  Ellis v. Commissioner, et al.  (Active; Dismissed; Appealed; Dismissed; Seeking Funds for Supreme Court)

02 15-CV-1288  McNeil v. Commissioner, et al.  (Active; Dismissed in District Court; Assigned case #16-5233 in U.S. Court of Appeals; Dismissed in the Court of Appeals; Seeking funds for Supreme Court filing of Petition for Writ of Certiorari)

03 15-CV-2039  DePolo v. Ciraolo-Klepper, et al.  (Active; Dismissed in District Court; Assigned Case #16-5308 in U.S. Court of Appeals; Motion for Summary Reversal filed on January 23, 2017; Appellant’s Reply to Show Cause and Motion to Notice DoJ Joinder of Core Fact Controversy filed April 3, 2017)

04 16-CV-5219  Ellis v. Jarvis, et al.  (Inactive; Dismissed in District Court; Dismissed in U.S. Court of Appeals on February 9, 2017)

05 16-CV-420  Dwaileebe v. Martineau, et al.  (Active; Assigned to Judge Christopher R. Cooper; Dismissed December 31, 2016; Notice of Appeal filed on March 29, 2017; Assigned Case #17-5058 in U.S. Court of Appeals)

06 16-5214  Ellis v. Langer, et al.  (Inactive; Dismissed in District Court; Dismissed in U.S. Court of Appeals on February 8, 2017)

07 16-CV-1053  Crumpacker v. Ciraolo-Klepper, et al.  (Active; CounterClaim Filed by USA; Answer and CrossCounterClaim Filed by Crumpacker/Ellis/McNeil; Reassigned to Judge Christopher R. Cooper; Dismissed December 31, 2016; Notice of Appeal filed on March 27, 2017; Assigned Case #17-5054 in U.S. Court of Appeals)

08 16-CV-1384  Morris v. McMonagle, et al.  (Inactive; Dismissed on December 31, 2016; Morris decided not to appeal)

09 16-CV-1458  McGarvin v. McMonagle, et al.  (Active; Reassigned to Judge Christopher R. Cooper; Dismissed on December 31, 2016; Notice of Appeal filed on March 27, 2017; Assigned Case #17-5055 in U.S. Court of Appeals)

10 16-CV-1768  Podgorny v. McMonagle, et al.  (Active; Reassigned to Judge Christopher R. Cooper; Dismissed on December 31, 2016; Notice of Appeal filed on March 24, 2017; Assigned Case #17-5056 in U.S. Court of Appeals)

11 16-CV-2089  Norma DeOrio v. Ciraolo-Klepper, et al.  (Active; Filed in District Court for D.C. on October 17, 2016; Reassigned to Judge Christopher R. Cooper; Dismissed on December 31, 2016; Notice of Appeal filed on March 28, 2017; Assigned Case #17-5057 in U.S. Court of Appeals)

12 16-CV-2313  Ellis & McNeil v Jackson, Cooper, et al.  (Active; Filed in District Court for D.C. on November 18, 2016; Reassigned to Magistrate Judge G. Michael Harvey; DoJ Motion to Dismiss filed February 14, 2017; Plaintiffs’ Opposition to Motion to Dismiss filed March 8, 2017)

13 17-CV-00022 Stanley, et al. v. Lynch, et al. (Active; Filed in District Court for D.C. on January 4, 2017; Assigned to Judge Emmet G. Sullivan; Filed 1st Amended Complaint on January 23, 2017; Reassigned to Magistrate Judge G. Michael Harvey on February 6, 2017; DoJ filed Motion to Consolidate Case with 16-2313 on March 8, 2017; Plaintiffs’ “Response to Motion to Consolidate and Motion to Resolve Two Issues Raised Therein” filed on March 21, 2017)

14 17-CV-00034 Ford v. Ciraolo-Klepper, et al. (Active; Filed in the U.S. District Court for the Eastern District of California – Fresno Division on January 10, 2017; Assigned to Magistrate Judge Erica P. Grosjean; United States retaliated by filing a Complaint against Melba Ford [17-00187 USA v Melba Ford] on February 10, 2017 “To Reduce Federal Tax Assessments to Judgment”;  Both cases were assigned to U.S. District Judge Dale A. Drozd and Magistrate Judge Erica P. Grosjean on March 20, 2017; DoJ filed “Notice of and United States’ Motion to Dismiss” on March 31, 2017; 17-00187 Defendant’s “Answer to Complaint and Motion to Notice United States Joinder of Fact Controversy” was filed April 3, 2017; Joint Scheduling Conference is scheduled for May 31, 2017 in Fresno, California)

To give you an idea what is involved in filing and advancing these cases through the judicial system, I have prepared an Excel spreadsheet of all activity since August 2015, when I filed my case.  Click the links below and take a few moments to grasp the enormous tasks that Michael, I and the other courageous Plaintiffs have accomplished.  For your convenience, I have sorted the spreadsheet two ways:

By case number.
By the date the documents were filed.

B. My Entry Into State Tax Legislation

In early March, I was contacted by a fellow “freedom-fighter” who wanted my opinion on a idea he had about how to hold legislators accountable for the taxes they had imposed, and may impose in the future, on the people of Pennsylvania, where he lived.  Apparently, he had listened to a number of my radio interviews over the years and found that we held similar views and values on a variety of issues.  We talked on the phone a few times and I proofread and offered comments on the 1st draft of a bill he had written.  When we had a version worthy of review by others, he set up a conference call with other like-minded individuals across the country.

With their input, we honed the language and, before long, a final version was completed.  While the bill is tailored specifically for Pennsylvania, we believe ,with a few modifications, it may have application to other states, as well.

Today, I, John Zangaro, Dan Gray and Aaron Bolinger make up the newly-formed “Independent Tax Reform Committee”.

Here is the link to the “Tax Shelf-Life, Simplification and Reduction Bill “.

“AN ACT to install an expiration date on all taxes imposed by the state, to define limits on government powers of revenue generation, and for related purposes.”

C. God Opens A New Door

I, and all the Plaintiffs in the lawsuits presented on this website, deny that the relief we seek is to request the Court to enjoin the IRS from preparing substitutes for [income tax] returns (SFRs) for so-called non-filers. But, this is the relief falsely, and consistently, stated by the Department of Justice (DoJ) attorneys in every pleading to date.

The truth, of course, is this: The government-supplied evidence supporting all the complaints proves that the IRS never prepares SFRs on any date claimed in the Individual Master File (IMF) records, but falsifies its records to make them appear that it does.

As I have repeatedly stated on this website, it is impossible to fight the battles against the IRS, DoJ and Judicial fraud without a firm belief that God is at our side.  Our job is to remain humble in His presence,  listen when He speaks, and recognize when He opens a new door when the one in front of us appears closed.

Such a thing happened on March 8, 2017 in case 17-00022 Stanley, et al. v. Lynch, et al.

On that date, DoJ attorney Megan Hogsdon-Logsdon filed [11] “Motion to Consolidate Cases” in which she moved the Court to consolidate 17-00022 with 16-2313 Ellis & McNeil v. Jackson, et al.  Stunningly, for the first time in the history of our litigation, an attorney correctly identified the gravamen issue all Plaintiffs and fellow victims have expended so much effort to have judicially determined when she wrote:

“[P]laintiffs allege that the Service never actually prepares substitutes for [income tax] returns, but rather inputs computer codes to make it appear as though a substitute for return has been filed.  The United States categorically denies this allegation.”

She further presented an affirmative claim directly contradicting our core allegation when she categorically stated: “IRS prepares substitutes for (income tax) return[s].”

Thus, by contesting the core fact issue in 17-00022, the United States has joined issue on the controversy for the very first time!

On March 9, 2017, Magistrate Judge G. Michael Harvey filed an Order requiring Plaintiffs (us) to file an Opposition to Defendant’s Motion to Consolidate Cases by March 22, 2017.  He also ordered the Defendants to file a reply to our Opposition by March 29, 2017.

On March 21, 2017, we filed “Plaintiffs’ Response to Motion to Consolidate and Motion to Resolve Two Issues Raised Therein”.

As of the date of this blog, the Government has not filed its reply, as ordered by the Court.

D. 16-CV-1053 Crumpacker v Ciraolo-Klepper, et al Update

In my February 27, 2017 blog (Section E. A Crisis of Conscience), I provided the history of Case 16-CV-1053 Crumpacker v Ciraolo-Klepper, et al, from its initial filing on June 6, 2016 through February 16, 2017.

Subsequently, the United States, on February 28, 2017 filed its response to Judge Cooper’s Minute Order of January 31st.  That response, filed by DoJ Attorney Ryan O. McMonagle, consisted of the following documents:

Doc 30 – United States’ Motion for Permanent Injunction
Doc 30-1 – Memorandum of Law in Support of Motion for Permanent Injunction
Doc 30-2 – United States’ Request for Judicial Notice in Support of Its Motion for Permanent Injunction
Doc 30-3 – Exhibit A – Screen Capture of RAM-v-IRS January 10 2017 Blog
Doc 30-4 – Exhibit B – Screen Capture of RAM-v-IRS August 4 2016 Blog
Doc 30-5 – Exhibit C – Screen Capture of RAM-v-IRS August 30 2016 Blog
Doc 30-6 – Exhibit D – Screen Capture of RAM-v-IRS November 15 2016 Blog
Doc 30-7 – Exhibit E – Screen Capture of RAM-v-IRS February 27 2017 Blog
Doc 30-8 – Exhibit F – Screen Capture of RAM-v-IRS June 27 2016 Blog
Doc 30-9 – Order of Permanent Injunction For Judge Cooper to Sign [RAM Note: It is common practice for the DoJ to write the Order for the Judge to sign]

The purpose of the nationwide, permanent injunction is to bar Michael Ellis and me from “filing future district court actions challenging actions by the Internal Revenue Service without prior leave of court.”

According to the DoJ’s Motion, the grounds for the injunction are as follows:

  1. “An injunction is necessary and appropriate under the Court’s inherent authority to prevent the filing of further actions by the counterclaim defendants without prior leave of court, because (i) the actions filed by the counterclaim defendants to date are numerous, duplicative, and frivolous; and (ii) the counterclaim defendants are using their actions to harass IRS employees, attorneys for the Department of Justice, and Judicial Officers;
  2. The United States is entitled to an injunction as a matter of law under 26 U.S.C. §7402(a), because the counterclaim defendants’ filing of numerous frivolous lawsuits against the IRS, the DOJ, and its employees, interfere with the enforcement of the internal revenue laws.”

“Frivolous” is the government’s favorite f-word and is defined in Black’s Law Dictionary as “lacking a legal basis or legal merit; not serious; not reasonably purposeful.” Of course, we disagree. Nothing is more serious than the destruction of the lives of innocent Americans based on falsified IRS records.

Since the Government can’t refute the evidence, it has chosen to attack the messengers.

On that same day, February 28, 2017, Judge Cooper issued  number of Orders addressing the following documents we had filed with the Clerk for the U.S. District Court for the District of Columbia on February 16th:

Judge Cooper denied leave to file this document:
Motion to Notice and Admonish Clerk’s Service Error, Loss of Documents, Etc.

Judge Cooper granted leave to file this document:
Supplemental Rule 59 Motion

Judge Cooper denied leave to file this document:
Declaration of Robert A. McNeil

Judge Cooper granted leave to file this document:
Plaintiffs’ Answer to Counterclaim and Cross-Counterclaim

Judge Cooper granted leave to file this document:
Plaintiffs’ Motion to Certify a Class and for Appointment of Counsel Paid by the Government

Judge Cooper granted leave to file this document:
McNeil Declaration with Evidence of IRS’ Institutionalized Record Falsification Program

Then, on March 2, 2017, Judge Cooper granted the Government’s “Motion to Dismiss”.

On March 13, 2017, we filed “Counterclaim Defendants’ Opposition to Motion for Permanent Injunction” (Doc 30, above).

Subsequently, on March 21, 2017, the Government filed its “Reply in Support of Its Motion for Permanent Injunction”.

On March 22, 2017, Crumpacker filed his “Notice of Appeal”, which was transmitted to the U.S. Court of Appeals for the D.C. Circuit and assigned Case #17-5054.

Then, on March 27, 2017, we filed “Counterclaim Defendants’ Response to DoJ Reply in Support of Motion for Permanent Injunction”.

Finally, On March 31, 2017, the Court of Appeals clerk issued an Order consolidating the five (5) cases listed in the next section.

E. Five Notices of Appeal Filed

As you may recall, Judge Cooper summarily dismissed five (5) cases on New Years Eve, December 31, 2016. The Plaintiffs recently filed Notices of Appeal in the U.S. Court of Appeals for the District of Columbia Circuit and were assigned new case numbers, as shown below:

16-CV-1053 > 17-5054 Crumpacker v. Ciraolo-Klepper, et al.
16-CV-1458 > 17-5055 McGarvin v. McMonagle, et al.
16-CV-1768 > 17-5056 Podgorny v. McMonagle, et al.
16-CV-2089 > 17-5057 Norma DeOrio v. Ciraolo-Klepper, et al.
16-CV-0420 > 17-5058 Dwaileebe v. Martineau, et al.

Similar to the actions of the District Court, on March 31, 2017, the Appeals Court clerk issued an Order consolidating all the cases. Initial submission of documents is due on May 1, 2017.

F. Donations

I would like to thank all of you who have responded to my request for donations to restore the rule of law in America.  Since my last blog, I have received one additional donation from a supporter in California. Please know that I appreciate every one of you who have donated and thank you very much for your generosity.

For the period January 1 thru April 4, 1017, I have received donations totaling $316.43, but spent $1,917.60, leaving a current deficit of <$1,601.17>.

Here is the link to a PDF version of the Excel spreadsheet detailing the donations and expenditures as of April 4, 2017.

As I mentioned before, there are some extraordinary expenses on the horizon, as I, Michael, and Ron DePolo each prepare to file a “Petition for Writ of Certiorari” with the Supreme Court. The filing fee is $300.00 each, but the real cost is in the preparation of the Petition itself. For each of us, the Supreme Court requires forty (40) bound copies produced in conformance with very stringent specifications.

So, I continue to humbly ask each of you to search your heart, and pocketbook, and make a monetary donation to the cause of liberty.  No amount is too small or great, and will be appreciated more than you know.

If you are so moved, please contact me here for instructions.

Conclusion

As I mentioned above, and will continue to mention, it is important for every American to understand that most of the loss of liberty we are experiencing began with laws passed by Congress over the last 100 years, and are being perpetuated today by the very people we elected to represent our interests, but who are failing to do so.

The Internal Revenue Code is so voluminous and complex that few Americans actually know what is in it, or, more importantly, when they are violating a provision of it.  This provides the ideal environment for tyranny and oppression to flourish, the examples of which we present in these cases.

“We the People” will never be truly free until both the corporate and individual income taxes are eliminated and the 16th Amendment to the Constitution is repealed.  My case, and the others, clear the way for those events to happen.

Should we prevail, it will mean the end of the suffering experienced by millions of so-called “non-filers” at the hands of the IRS.  It will also mean the door is open for millions of Americans to participate, without fear of harm, in the coming “21st Century American Revolution“, which is a good, old-fashioned tax revolt.

We are the rightful masters of ALL levels of government, and we can put this out-of-control Federal government back into its Constitutional box by simply defunding it and, in the process, creating a smaller, more efficient government built on the solid, everlasting foundation of the Constitution, sound accounting principles, and economic law.

Please continue to educate yourselves about the fraud being committed every day by the IRS, Department of Justice, and the Courts in the enforcement of the income tax, and spread this website to all of your social media outlets.

Do it so you, your family, and future generations of Americans can begin to live at the level of liberty and prosperity the Founding Fathers intended.

Thank you.

In liberty,

Bob McNeil
21st Century American Revolutionary
Founder/President – American Citizen Party

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This entry was posted on Tuesday, April 4th, 2017 at 10:27 pm and is filed under 115-cv-01288, 16-5233 Appeal, 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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