Posts Tagged ‘44 USC 3512’

13
Jul

“And, who are you?”, said the Magistrate

   Posted by: BobMcNeil    in 115-cv-01288, 16-5233 Appeal, IRS

Although I haven’t posted a blog in awhile, rest assured there has been a lot of activity going on behind the scenes: filing a Petition for Writ of Certiorari with the Supreme Court; moving six (6) consolidated cases through Appeals Court; filing a motion to alter or vacate the Order of permanent injunction against Michael Ellis and me; battling a rogue Magistrate Judge in cases 16-2313 & 17-00022; my trip from Texas to California to assist a Plaintiff in a court hearing; etc.

Instead of writing a lengthy post about all those events, I will address each of them in individual blogs at a later date.  This lengthy blog, however, will focus on the one case filed in California and the events leading up to my flight to Fresno in May 2017 to support a pro se Plaintiff during her initial court hearing.

Before I begin, though, it is important that I remind all of you of the reasons why Michael and I have filed, or assisted in the filing of, fourteen (14) cases in U.S. District Court. Read the rest of this entry »

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On April 19, 2017, U.S. District Court Judge Christopher R. Cooper issued a nationwide, permanent injunction “prohibiting Robert A. McNeil and Michael B. Ellis from filing further duplicative lawsuits challenging the IRS’ assessment of income taxes under 26 U.S.C. § 6020.” Read the rest of this entry »

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Michael Ellis and I have been invited by John B. Wells to appear as guests on his program “Caravan to Midnight”.  This is a video interview and will be broadcast from 10:00pm to midnight on Tuesday evening, November 29, 2016.

Here is the link:  http://www.caravantomidnight.com/

This will be our third interview with John B. Wells, who we appreciate very much for his interest in our cases and for his willingness to publicize our findings on his program.  From the feedback I’ve received from John’s producer and his staff, his listeners are extremely interested, as well.

We will discuss our latest civil case (#12), filed November 18, 2016 in the U.S. District Court for the District of Columbia.  The case, styled Ellis and McNeil v. Jackson, Cooper, et al., has been given Case No 1:16-cv-02313 and assigned to Judge Emmet G. Sullivan.  In this case, we are suing three (3) Federal judges and two (2) Department of Justice attorneys, personally, and the IRS Commissioner, U.S. Attorney General and two (2) unknown-named IRS/DoJ attorneys, in their official capacities, for committing multiple acts of Misprision of Felony, in violation of 18 USC §4; Conspiracy to Defraud the United States, in violation of 18 USC §371; and Obstruction of the Due Process of Justice, in violation of 18 USC §1503.

For those of you who wish to read it, here is a link to the Original Complaint (187 pages ~ 10MB)

https://www.dropbox.com/s/ktfut1jtf5uecje/16-CV-2313%20Ellis%20%26%20McNeil%20Original%20Complaint%20AS%20FILED.pdf?dl=0

We will also discuss our first time assisting in a criminal case.

On June 2, 2016, Harold R. Stanley was found guilty at trial, in the Western District of Missouri, of one count of tax evasion and one count of endeavoring to obstruct and impede the due administration of the internal revenue laws.

On Wednesday, November 16, 2016, Mr. Stanley was sentenced to eight (8) years in the penitentiary.  During the sentencing hearing, U.S. District Judge Roseann Ketchmark was quoted as saying, “Mr. Stanley, I’m going to make an example of you!”.

https://www.justice.gov/usao-wdmo/pr/tax-defier-sentenced-1-million-tax-evasion

On Monday, November 14, 2016, prior to sentencing, Mr. Stanley contacted me through this website with this message: “The IRS has railroaded me and would not let any testimony for my case to be heard.  They are trying to put me in prison for 5 to 8 years for tax years 2005-2013. Please help.”

On November 15th, Harold sent me a copy of his Individual Master File Complete (IMF Transcript Complete).  I examined it and immediately noticed the pattern of fraudulent transaction codes I had observed in the 11 cases filed in Washington, D.C.  It was obvious to me that Harold had been convicted based on fraudulent documents created in the IRS’ institutionalized record falsification scheme.

After he was sentenced, Michael and I began talking to his wife, Lorane, to see if there was any way we could help Harold.  Lorane and Harold are in their 60s.  After his conviction in June, the Department of Justice provided Harold with 11,000 pages of documents they had gathered during discovery.  I gave Lorane a list of documents we would need for evidence of the IRS record falsification scheme and she began searching for, and providing them to me.

Michael and I worked through Thanksgiving and this past weekend to draft a Motion for New Trial, with Evidence, for Lorane to give to Harold the next time she visited him at the detention center. We completed that task on Sunday, November 27th.

Harold, or his court-appointed attorney, will file that Motion before the Wednesday, November 30, 2016 deadline.

It is possible, during the 90-minute interview, we will have fully covered these cases and will move on to discuss other topics.

Please tune in to see and hear for yourselves.

In liberty,

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

Bob McNeil For President -150 x 147

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30
Aug

An Update on Exciting New Developments

   Posted by: BobMcNeil    in 115-cv-01288, IRS

 

I once overheard an old World War II bomber pilot say this about enemy anti-aircraft fire, “The flak is heaviest when you’re right over the target.

Judging from recent events, that’s where I am now, and where I want to be…..right over the target.

In 1968, as a 19 year-old Vietnam era Marine Corps private, I pledged to give my life in service to my country for the cause of liberty.  Today, almost fifty (50) years later, that pledge means as much to me as it did then.  Now, as a 67 year-old father, grandfather and 21st Century American Revolutionary, I also pledge my fortune, which is under assault by the Internal Revenue Service, who is taking direct action to impoverish me (see Item 6, below).  In the face of all this, my sacred honor remains intact and I will never allow it to be stripped from me by anyone, anytime, for any reason. Read the rest of this entry »

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4
Aug

1:15-CV-01288 Update on My Case and Other Matters

   Posted by: BobMcNeil    in 115-cv-01288, IRS

On June 7th, 2016, Judge Colleen Kollar-Kotelly denied my “Rule 59 Motion to Alter/Amend Dismissal and for Oral Argument”, claiming the Anti-Injunction Act (AIA) is jurisdictional and that “Plaintiff has not established extraordinary circumstances warranting relief from final judgment”.  In my Rule 59 Motion, I argued that under “extraordinary circumstances”, the AIA DOES allow the Court to invoke its equity jurisdiction and that the IRS’ institutionalized IMF record falsification scheme DOES establish “extraordinary circumstances” warranting relief from final judgment.  Read the rest of this entry »

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On Thursday, May 12, 2016 at 9:00pm EST/8:00pm CST, Michael Ellis and I will be “Special Guest Speakers” on “My Private Audio”, hosted by Angela Stark.

Here is the link where you will find the call-in number (724-444-7444) and Call ID (39904) for access to the program where you can listen and ask questions.  If you have Skype, you can call in from there. Read the rest of this entry »

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Representing myself, Pro se, can be quite challenging and a little unnerving at times, but, I have experience in Tax Court (2006), Federal District Court in Houston, Texas (2008), and now, in my current case, in Federal District Court for the District of Columbia (August 2015).

In this case, I am blessed to have Michael Ellis as an advisor.  Michael has amazing legal research and writing skills, extensive knowledge of court procedures, and is a skilled legal strategist.  We make a great team!

And, of course, knowing we are under God’s protection helps lessen the stress and boosts our confidence as we continue on offense.  After all, that’s what Plaintiff’s do.  Always push the case forward.

So, that’s what I did on December 9, 2015, when I filed Plaintiff’s “Motion to Resolve Fact Disputes” (52 pages 5.3MB).  Here is the link to that document on my website:

http://www.ram-v-irs.com/CV-Docs/010-20151209-McNeil-USDC-Motion-to-Resolve-Fact-Disputes.pdf

In the Motion, I request the Court to do two things:

First Resolve two fact controversies: (1.) whether IRS actually performs substitute income tax returns at all, or, as Plaintiff complains, IRS falsifies its records to infer substitute income tax returns are executed (on certain dates) shown in an IMF, then commits multiple “illegal” and criminal steps to conceal the initial fraud, and (2.) whether, and why, the DoJ, in its Memorandum, contradicts multiple published claims by the Defendant Commissioner that 6020(b) provides authority to perform substitute returns only in “excise, employment and partnership matters”, due to “constitutional issues”,

Second: if the Court finds, as it should, that IRS commits both “illegal” acts, and acts Congress has explicitly recognized as criminal (falsifying federal records), while enforcing the income tax on “non-filers”, the Court is requested to make the purely legal determination of whether the Anti-Injunction Act (AIA) strips courts of the ability to hear complaints the IRS commits CRIMINAL acts in a surreptitious scheme to create the appearance of liabilities owed the Treasury, and deceive United States courts.

The motion requests an evidentiary hearing, with IRS employees as witnesses to be examined under oath.  In addition to the SFR fraud, I discovered another layer of fraud IRS commits in the preparation of a Notice of Federal Tax Lien.  I want to examine the employee(s) who allegedly prepared the NOFTL.  As evidence, I retrieved two documents from my extensive correspondence library and attached them to the Motion as Exhibit L and Exhibit M.

In one respect, this is a case of first impression.

Merely illegal acts by the IRS are shielded by the AIA; but there has never been a legal determination that acts by IRS, which Congress has made criminal, are shielded by the AIA.  Since the sequence of acts IRS commits in enforcing the income tax are either merely illegal, or illegal and also crimes Congress has explicitly recognized, i.e.: falsifying federal records, and knowing use thereof, the Court is required to make the purely legal determination whether the AIA has application to both types of acts.

It was only recently that I truly grasped the enormity of this case.  Think about it.  It is clear the IRS falsifies records and knowingly uses them to enforce the income tax against so-called “non-filers”.  If the Court rules the AIA does NOT shield them from these criminal acts, and enjoins (stops) the fraudulent enforcement scheme, the IRS’ entire enforcement mechanism against “non-filers” collapses.

I have heard many ordinary Americans say, “I’d like to send a strong message to Congress that I’m sick and tired of the waste, fraud, and abuse in Washington, D.C.  I wish I could just stop paying income taxes, but, I’m afraid of what the IRS will do to me.”

Imagine the economic boom that would take place if ALL working Americans changed their Form W-4 to read “EXEMPT” and began bringing home the 15% to 39% of their pay currently being confiscated and sent to the IRS.

W-4 Form - EXEMPT

And, imagine the revolution in this country when hundreds of millions of Americans rise up and say to Washington, D.C. “We will not comply!” by refusing to file tax returns.  There aren’t enough lawyers and courts in the world to prosecute all the “non-filers”.  And, even if they tried, this case will have removed the IRS’ ability to use the falsified documents in the prosecution.

The Judge’s ruling on the Motion will determine what happens next.

Stay tuned.

In liberty,

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

Bob McNeil For President -150 x 147

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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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2
Feb

CROSSHAIRS: The Internal Revenue Scandal

   Posted by: BobMcNeil    in IRS

Here is a link to the YouTube video “CROSSHAIRS: The Internal Revenue Scandal“.

This 54-minute video gives viewers an overview of the most recent scandal involving Lois Lerner, Director of the IRS Exempt Organizations division in Cincinnati, Ohio, and the IRS’ targeting of Tea Party and other “conservative” non-profit organizations prior to the 2012 election.

In addition, the video features interviews with former IRS employees, including Joe Banister, former special agent of the Criminal Investigation Division of the Internal Revenue Service (IRS) and IRS whistleblower.  His interview, along with the others, provides great insight into the inner workings of the IRS, but, most especially into the lawless attitude of its employees.

It is now clear to millions of Americans that Congress, the Courts, the IRS, and the Democrat and Republican parties are corrupt beyond redemption.  We have arrived at that point in history where revolution is the only alternative, similar to the conditions of our Founding Fathers in 1776.

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” ~ The Declaration of Independence

We the People, will never be truly free until both the Corporate and Individual Income Taxes are repealed, the Federal Reserve is abolished, and the People are taxed according to the original taxing clauses in the Constitution, located in Article I Section 8 (indirect taxes) and Article I Section 9 (direct taxes).

I intend to be the Presidential candidate of the American Citizen Party in 2016 and have an infallible plan to bring about the non-violent, legal, Constitutional “21st Century American Revolution“.  The revolution will begin at 1:00pm Eastern Time on January 20, 2017 with the stroke of a pen, if, on November 8, 2016, you vote “Bob McNeil for President of the United States“.

It is time to end the IRS’ assault on the freedoms of the American people.

View the video, read my websites, and get involved in the transformation of the United States of America back to the Constitutional Republic it is intended to be.

In liberty,

Bob McNeil
Founder – American Citizen Party
2016 Presidential Candidate
Who is Bob McNeil?

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