Posts Tagged ‘PRA’

With God leading the way, I, Michael Ellis and all the courageous Co-Plaintiffs in our cases continue to fight back against the IRS’ record falsification scheme, the multiple Department of Justice attorneys who falsify the allegations and relief we seek in our lawsuits, and the Federal judges who dismiss our cases based on the DoJ’s falsified documents.

With each DoJ motion and pleading, and each Order issued by the judges, it becomes clearer that these government officials are willing to blatantly commit multiple felonies to ensure the scheme lives in perpetuity. It is also clear they believe they are above the law.

Nothing could be further from the truth. Read the rest of this entry »

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15
Nov

News From the Front Lines

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

On Saturday night, November 12, 2016, Michael Ellis and I appeared as guests on “Ark Midnight”, hosted by John B. Wells.  During the 90 minute interview, we discussed the purpose of the eleven (11) lawsuits that have been filed in U.S. District Court for the District of Columbia.  Their purpose is to enjoin the IRS from falsifying its internal and public-facing records concerning so-called “non-filers”, which is proscribed as a crime at 18 USC ¶1001.

We also discussed the extraordinary actions that the Department of Justice attorneys, and now the District judges, have taken to attempt to summarily dismiss those cases.  Their actions are proscribed as crimes at 18 USC ¶4 – Misprision of Felony.

Here is the YouTube link to the interview:

Please settle back in a quiet place and give it a listen.

Then, share the link with all of your social media outlets.

After the interview, I received several messages from my website from people all over the country, by way of the “Contact RAM” button.  Here is a sampling of some of them:

Submitted at 11/13/16 3:24 AM
Bob, I was given your name and number from Michael Ellis. He and I have spoken many times. I would like to talk to you about filing a case. Give me a call at your convenience.

Submitted at 11/13/16 1:36 PM
Listened to your interview last night… glad to see others in the fight. I just emailed John with my story and evidence… I’m including it below. Perhaps we can work together in perfecting the attack strategy against this beast. I will put up a link on my website to yours for this new approach you spoke about last night. Thanks for your efforts.

Submitted at 11/14/16 2:17 PM
The IRS has railroaded me and would not let any testimony for my case to be heard. The are trying to put me in prison for 5 to 8 years for tax years 2005-2013. Please help.

Submitted at 11/14/16 11:57 AM
I have educated myself and quit filing returns 2011. Now the IRS/Treasury has automatically taken payments from my checks at the employer level. [RAM Note: NEVER admit to anyone, anywhere, anytime, whether verbally or in writing, that you haven’t filed a tax return.  That admission could be used against you in court as a confession to tax evasion and/or willful failure to file a tax return.  A more accurate statement would be: “The IRS has labeled me a non-filer.”  And just leave it at that.]

Submitted at 11/15/16 5:52 AM
I am VERY interested in joining the Lawsuit. My goal is to get out from under the IRS totally. I have no problem with the filing fees nor belonging to the $150.00 club for starters. I hope to hear from Ya’ll.  [RAM Note: While voluntary donations to the cause of liberty, in any amount, are gratefully accepted, there is no “$150.00 club”]

Since my last blog on August 30, 2016, there has been a flurry of activity that I will discuss, in detail, in a series of upcoming blogs.  To do so in a single blog would be overwhelming, and I know your time is valuable.

In the meantime, I am reaching out to all of you to search your hearts, and wallets, and make a generous donation to the cost of filing these lawsuits and advancing them through the court system.  As pro se plaintiffs, we are required to file 12 paper copies of our documents to the Court clerk and the various other defendants/parties.  Our last filing, consisting of almost 4,000 pages, cost more than $1,800.00 for toner cartridges, printer paper, postage and miscellaneous costs.

Subsequent filings will be necessary and the costs are anticipated to be as much, if not more.

If you are so moved to make a donation, of any amount, please contact me here for instructions on the preferred method to do so.

Stay tuned for the upcoming blogs which will detail the Government’s felonious actions to dismiss these cases.

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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To begin, I want to thank all of you who are following this case, everyone who has offered kind words of support, and everyone who has offered various legal remedies.  This is the battle of my lifetime and I am fighting it on behalf of all Americans who suffer under the tyranny of the Internal Revenue Service (IRS), so, please know that I appreciate all of you.

Next, it is important for everyone to understand that this is not a tax case.  It is a lawsuit seeking to enjoin 1) violations of criminal statutes by the IRS in the falsification of internal and public-facing documents related to the Substitute For Return (SFR) scheme, 2) the subsequent use of those falsified documents by the Department of Justice (DoJ) in the prosecution of innocent Americans, and 3) the perpetration of fraud on the Courts. Read the rest of this entry »

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With the dismissal of my case by Judge Colleen Kollar-Kotelly on April 12, 2016, the Court returned my “Motion to Certify a Rule 23(b)(2) Class and for Appointment of Counsel and Government Funding” with this terse, hand-written note:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Leave to file Denied
Case dismissed 4/12/16 as the Court lacks jurisdiction.
Judge C Kollar-Kotelly
4/14/16

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Read the rest of this entry »

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fraud, n. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his detriment.” – Black’s Law Dictionary, Third Pocket Edition, p. 300.

My civil lawsuit alleging fraud committed against me by the Commissioner, IRS and U.S. Attorney General, filed in the U.S. District Court for the District of Columbia in August 2015 (Case #1:15-cv-01288), is the third case of this type to be filed in that Court.  The first was Florance v Commissioner, IRS, and the second was Ellis v Commissioner, IRS.  A fourth case, DePolo v Commissioner, IRS, was filed in February.  In addition, a fifth victim, who lives in New Hampshire, has come forward, and his case was filed in Washington, D.C. on February 26, 2016.

Michael Ellis and I are currently in discussions with a sixth victim, from California.  A first draft of his Original Complaint has been written for his review and approval.  When the final version has been approved and filed, I will announce who that victim is.

You will recognize his name.

As a retired accountant and corporate auditor, my role in these suits is to:

  • examine the evidence (IMF Transcript Complete, TAXMODA, AMDISA, “Income Tax Examination Changes Form 4549”, cover sheet “6020(b) Certification Form 13496”, etc.) for certain Transaction Codes;
  • verify the SFR (Substitute For Return) dates and Document Locator Numbers (DLNs); and,
  • write a “Declaration” containing with my findings and conclusions, to be attached to each Original Complaint.

Based on careful examination of the evidence in every case, so far, here is a summary of my conclusions:

  1. For so-called “non-filers”, the IRS creates the false appearance of “deficiencies” only after falsifying both its internal and external records;
  2. The creation of pretended deficiencies simultaneously creates, by fraud, the appearance of a duty to file, thereby, providing IRS colorable authority to enforce collection/criminal prosecutions;
  3. Without deficiencies created by fraud, involving IRS software and falsified documentary evidence, there would be no willful failure to file a return;
  4. Since Congress cannot authorize commission of criminal acts in the enforcement of laws, I conclude that the systemic fraud I have documented herein, occurring in the records of IRS, concerning “non-filers”, deserves serious consideration as evidence Congress did not, in fact, impose the income tax upon Americans.

I suspect there are hundreds of thousands, maybe even millions, of Americans who have been victimized by the IRS’ fraudulent “Substitute For Return” (SFR) program, and are suffering wage garnishments, liens, levies, asset seizures, and even imprisonment, as a result.

PLEASE CONTACT ME THROUGH THIS WEBSITE FOR ASSISTANCE IF YOU WANT TO FILE A LAWSUIT TO STOP THIS FRAUD.

These are the costs you will incur when filing the case:

  • Filing Fee payable to the District Court = $400.00
  • Printing costs
  • Postage

As your case progresses in the D.C. Circuit Court, and Motions are filed, there will be additional printing and mailing costs, but no more filing fees.

Should your case be dismissed, you will then go to Appeals Court, where another filing fee will be needed.

The same goes for filing a Petition with the Supreme Court.

But, those fees are in the future.  Let’s focus on the present, for now.

Michael and I are on a Godly mission to stop this fraudulent scheme that ruins so many Americans’ lives by violating one of our Founding principles – “No one is above the Law.”

Neither of us is an attorney, nor do we provide legal advice.  Our assistance takes many hours, but, we do not charge any fees to help you.  We do, however, accept donations.

Search your heart and give what you can, but, please know that our decision to assist you is determined by the completeness of the evidence you provide and NOT whether you make a donation.

If you would like to discuss your IRS situation with me, please call this number * 713-806-5199 * and leave a voicemail with your name, phone number, and a brief message.  I will return your call as soon as possible.

In liberty,

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

Bob McNeil For President -150 x 147

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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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It has been awhile since I blogged, but, rest assured that I have continued to be engaged in my battle against the IRS, the Department of Justice, and the Courts.  To all of you who have followed my struggle, and offered advice and support, I appreciate your efforts more than you know.

Having lived through this experience for so many years has brought me to the point where I believe, more than ever, that “We the People” should never live in fear of our government, and I believe many of you believe the same is true.  After all, this was the intent of the Founding Fathers when they wrote the U.S. Constitution, which, at its heart, was designed to limit the jurisdiction and power of the Federal government.

I also believe that, as long as the Corporate and Individual Income Taxes exist, “We the People” will never be truly free.

So, after much research, I discovered a way to bring about a peaceful, Constitutional, “21st Century American Revolution”, and have written a plan to implement it with one stroke of a pen.  Not just any pen, mind you.  The Presidential pen.

To implement this plan, I will be the American Citizen Party candidate for President of the United States in 2016.  My mission is to lead ALL American citizens, and businesses, in the greatest act of civil disobedience in modern American history – a revolt against filing Federal income tax returns and/or paying the Federal income tax.

At 1:00pm Eastern Time on Inauguration Day, January 20, 2017, I will sign the Proclamation of Freedom, which protects ALL Americans from harm by invoking the exclusive power of the Presidential pardon, granted in Article II, Section 2 of the Constitution.

From that moment forward, Congress will fund a smaller, Constitutionally-limited Federal government by reverting to the taxing methods used from 1788 to 1913, “indirect” and “direct” taxes, as described in Article I, Sections 8 and 9, of the U. S. Constitution.

Then, from a position of power, I will negotiate with Congress to pass the Economic Freedom Act, which lists twelve (12) laws that, when repealed, will result in the following:

~ 320+ million free Americans bringing home 100% of their earnings to spend, save, invest and give away, as they choose;

~ The injection of $2+ Trillion into our struggling economy from the bottom up, instead of from the top down, which has been, and always will be, a failed economic policy;

~ The return to American shores of $3 Trillion in offshore corporate capital to revive manufacturing, expand businesses, and create millions of sorely-needed jobs;

~ The elimination of the fear, threats, and intimidation against ALL Americans by the IRS;

~ A Federal government constrained by the “enumerated powers” listed in Article I Section 8 and with a budget less than $2 Trillion;

~ A GDP that will take off like a rocket, making the United States of America, once again, the world’s economic powerhouse.

Sounds too good to be true, doesn’t it?  Well, it’s not.  In fact, I have presented this plan to approximately 40 million people, in 61 interviews, on talk radio stations all over America, and no one has been able to find any fault with its logic or execution.

These are revolutionary times in America.  Congressional approval is below 10%.  President Obama’s policies have weakened our nation and infringed upon our liberties with unconstitutional laws and executive orders.  The Democrat and Republican Presidential candidates who are currently being “selected” for us by the media will offer no plan as powerful as the one I describe to you in this post.  That’s because not one of them has any intention of restoring our freedoms.  Their only intent is to obtain power, and remain in office, for as long as they can.

So, why am I writing this?

This is a “call to action”.

I call on all of you who want to experience liberty and prosperity, at a level no American has known for more than 100 years, to do the following:

1) Go to www.BobMcNeilForPresident.com and read about the plan.  Also, take some time to read my biography and review my personal documents.  I have posted my birth certificate, school report cards, high school diploma, Marine Corps documents and discharge, college transcript, college diploma, and many other documents.  Everything is there for the world to see.

Couple those documents with the fact that I have more than 35 years of experience auditing multi-billion dollar domestic and international companies, and I think you will reach the conclusion that I meet, and exceed, all of the qualifications to hold the office of President of the United States.

2) Go to www.AmericanCitizenParty.us and do the the following:

  • Click the Join Now button and make a commitment to get involved in my plan to restore America to it Constitutional principles;
  • Click Donate to help provide financial support to grow the American Citizen Party into an organization with a presence in all fifty states;
  • Spread the word by sharing this blog through all of your social media contacts.

3) “Like” the American Citizen Party page on Facebook .

4) “Follow” me on Twitter .

5) Join my network on LinkedIn .

Doing these things will ensure that you will stay informed as I lead America in the “21st Century American Revolution” in 2015 and 2016.

6) Run for Congress in 2016 as an American Citizen Party candidate.  Contact me by email at [email protected] so we can set up a time to discuss this by telephone.

This is a solid, infallible plan that will only fail if continue to vote for Democrat or Republican Presidential candidates, or worse, if you do nothing.

For yourself, your family, and future generations of Americans, I call upon you to take action.

I pray that you will.

Thank you, and, may God bless you.

In liberty,

Bob McNeil
Founder/President – American Citizen Party
2016 Presidential Candidate

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2
Mar

March 5, 2014 – The Truth About Collection Due Process (CDP)

   Posted by: BobMcNeil    in IRS

The Tax Relief Team hosts weekly presentations on a variety of tax-related topics on Talkshoe.com.

This week, be sure to tune in to hear Mike Bigley talk about his personal experiences with IRS Collection Due Process. Read the rest of this entry »

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