Posts Tagged ‘1:15-CV-5035’

Apparently, the “Safe Harbor Letter” and “Opposition to DoJ Motion to Dismiss” I sent to the DoJ had one desired effect.  Ms. Caroline Ciraolo-Klepper and Mr. Ryan McMonagle responded before the December 4th deadline with a document entitled “United States’ Reply Memorandum In Support Of Motion To Dismiss”.

See Document 009 at the following link: (9 pages 594kb)

http://www.ram-v-irs.com/CV-Docs/009-20151130-DoJ-United-States-Reply-Memorandum-In-Support-Of-Motion-To-Dismiss.pdf

As expected, they failed to address any of the core factual issues of this case and opened with this statement in the “Introduction”:

“Once the Opposition’s inflammatory rhetoric and ad hominem attacks are stripped away, very little remains for discussion. The plaintiff does not present any legal authority that would allow him to challenge the IRS’s preparation of returns or the use of such returns in proceedings to collect taxes. The plaintiff does not show that he has standing to enjoin the assessment and collection of taxes from him. Nor does the plaintiff identify any legal authority lending even an iota of legitimacy to his constitutional and Administrative Procedure Act claims. Most importantly, neither the Opposition nor the Complaint establishes any facts showing that the IRS violated the law in any way.”

Further, in the “Argument” section, they state this:

“This action must be dismissed for two reasons: (1) the Court does not have subject matter jurisdiction over the plaintiff’s claims because the injunctive relief he seeks is barred by the Anti-Injunction Act, and he lacks standing; and (2) the plaintiff cannot state plausible claims under the Fifth Amendment or the Administrative Procedure Act. The plaintiff has not meaningfully opposed either point.”

For your information, the Anti-Injunction Act, written and passed by the very people we elected to represent us in the House and Senate, withdraws jurisdiction from the Courts to hear a lawsuit of this nature because it is a suit “for the purpose of restraining the assessment of a tax”.

According to the DoJ, if a plaintiff seeks to challenge the “lawfulness” of the tax assessments, he has one option: he must pay the disputed tax, file a refund claim, and sue in Court for a refund under 26 U.S.C. § 7422.

However, since the assessment of the income tax for a “non-filer” is based on falsified and fraudulently prepared documents (a criminal violation), my argument is that the Anti-Injunction Act cannot shield ANY government employee, or agency, from criminal acts, and, therefore, is “inapposite” (not apt or pertinent).

Ms. Ciraolo-Klepper and Mr. McGonagle go on to further obfuscate my claims, which is a continuation of their previously noted behavior, and will add more evidence when I file a “Motion for Sanctions”, up to, and including, disbarment.

Please read this latest document in its entirety and spread this blog far and wide.

No born-free American should live under this tyranny.

In liberty,

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

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I am the Plaintiff in this case, since I am the one who filed the lawsuit.  I don’t have an attorney, so, I am conducting this suit “pro se”.  “Pro se” is derived from Latin, and means “for himself”.

The Defendants are the Commissioner of the Internal Revenue Service (John Koskinen) and the United States Attorney General (Loretta Lynch).

The Defendants were provided an attorney from the U.S. Department of Justice (DoJ), whose name is Ryan O. McMonagle, a Trial Attorney in the Tax Division.  He is acting under the direction of Caroline D. Ciraolo-Klepper, Acting Assistant Attorney General, Tax Division.

The judge in this case is The Honorable Colleen Kollar-Kotelly, who presides in the U.S. District Court for the District of Columbia.

November 13, 2015 was the deadline for me to file my response to the DoJ’s Motion to Dismiss, and, I did so one day early, on November 12, 2015.

Here is the link to my “Opposition to DoJ Motion to Dismiss”:

007 – 20151112 – McNeil – USDC – Opposition to DoJ Motion to Dismiss (16 pages 130kb)

http://www.ram-v-irs.com/CV-Docs/007-20151112-McNeil-USDC-Opposition-to-DoJ-Motion-to-Dismiss.pdf

In addition to filing my Opposition, I also sent what is known as a “Safe Harbor” letter to DoJ’s Caroline Ciraolo-Klepper and Ryan McMonagle. Under Rule 11 of the Federal Rules of Civil Procedure, a judge may impose sanctions on an attorney and/or party if a pleading was filed for an improper purpose, was unwarranted by law, lacks evidentiary support, or was frivolous. The rule includes a safe harbor provision, so that sanctions may not be imposed if the challenged claim is withdrawn within 21 days of a motion for sanctions.

DoJ’s Motion to Dismiss contained a litany of presumptions, innuendo, mischaracterizations, and false claims presented in a transparent attempt to mislead the Court. On its face, these actions constitute obstruction of justice.

If that Motion is not withdrawn by December 3, 2015, I will file a Motion for Sanctions against Ciraolo-Klepper and McMonagle.

Read the Safe Harbor letter here:

008 – 20151112 – McNeil – DoJ – Safe Harbor Letter to Ciraolo-Klepper and McMonagle (4 pages 45kb)

http://www.ram-v-irs.com/CV-Docs/008-20151112-McNeil-DoJ-Safe-Harbor-Letter-to-Ciraolo-Klepper-and-McMonagle.pdf

I am providing these documents to educate you about the IRS’ record falsification scheme that destroys an untold number of American lives each year.

Along with my suit, and Michael Ellis’ suit (Case No. 1:14-CV-0471), a third lawsuit of this nature, DePolo v. Ciraolo-Klepper, was recently filed in the U.S. District Court for the District of Columbia. More lawsuits will follow.

“We the People” were never intended to live under the tyranny created by a government agency that commits fraud, then conceals it. We are fighting the battle to stop it.

Please share this post far and wide.

In liberty,

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

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