Posts Tagged ‘Federal District Court for the District of Columbia’

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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