October 30, 2013
"The IRS does not prevail against citizens because the agency adheres to the rule of law... the IRS prevails against citizens because the agency ignores the law, twists the meaning of the law, and overwhelms the citizen with economic and legal burdens." -Joseph Banister, former IRS agent
In a few previous articles we have chronicled the difficulties we have had with the IRS, along with some stories from our readers on their difficulties with this rogue government agency. Coupled with the stories in the news about the IRS targeting conservative groups and illegally transferring taxpayer information to the White House, the IRS is currently on trial in the court of public opinion. But for justice to prevail, the IRS should be on trial in a federal court where some IRS officers and employees end up paying huge fines and sent to jail for very long times. The question is, will they?
Because of the difficulties we have personally experienced with the IRS, we have challenged them with a couple of strategies. One such strategy was the use of legal affidavits. Using that strategy, we defeated them on two specific occasions.
However, since they have now assessed a bogus $10,000 penalty against us and are threatening to seize our banks accounts and other assets, we are using a more aggressive strategy. In one September 2013 Certified - Return Receipt Requested (C-RRR) communication we demanded that the IRS cancel the assessment by no later than October 11, 2013, or we would commence with specific actions. Of course, there was no response to our demand. Consequently, on October 15, 2013 we filed a C-RRR letter with the two IRS offices that have assessed the penalties, indicating that we are now filing a criminal complaint with the FBI against the IRS and 4 other actions, as follows:
1. File a lawsuit in U. S. District Court, Western District of Washington stating several causes of action and requesting significant monetary damages. We are drafting the pleading at this writing.
2. Suggest to our national audience, who are having difficulty with the IRS, to file Freedom of Information Act requests under 5 USC Section 552, requesting specific kinds of documents.
3. Suggest to our national audience how to establish an LLC for their own business and use the losses from that business in the early years to offset their personal income taxes.
4. Create a series of IRS tell-all videos that will go viral because they will be about the IRS.
A copy of the cover letter to the FBI and the criminal complaint were included with our letters of October 15th to the IRS.
Copies of the FBI letter and Criminal Complaint were also sent to a wide range of recipients, including the Secretary of the Treasury, the IRS Commissioner and Chief Counsel, the news media, Chairman Daryl Issa of the House Oversight and Government Reform committee and Chairman Max Baucus of the Senate Finance Committee, both investigating the IRS. Copies of the documents have also been posted on our website HERE.
Item 1 will only be filed with the U. S. District Court if in the event the IRS follows through with seizure of our bank accounts or other assets. Items 2 and 3 are in process and Item 4, the video, has already been uploaded to Youtube and can be viewed HERE.
What we would like to share with our reading audience in this article are excerpts from our FBI Criminal Complaint against the IRS, as they paint a picture of criminality that should be prosecuted in a court of competent jurisdiction. The heart of the Criminal Complaint is contained in the allegations we make against the IRS. Words that are surrounded by brackets are additions to the Complaint that we will file with the FBI in an amendment. These excerpts from the Criminal Complaint follow:
RE: A CITIZEN COMPLAINT CHARGING THE GOVERNMENT AGENCY KNOWN AS THE INTERNAL REVENUE SERVICE, OR IRS, WITH CRIMINAL COLLUSION, RACKETEERING, GRAFT, FRAUD, NEGLIGENCE AND BLATANT BREAKING OF THE LAW, TOGETHER WITH ARBITRARY AND CAPRICIOUS BEHAVIOR.
I, the undersigned, a natural born citizen of the Republic State of Washington and also a nationally known author on freedom, liberty and property rights issues, hereby brings this criminal complaint against the Internal Revenue Service (hereinafter the "IRS") and more specifically the named individuals and specific titles of IRS officers and/or employees shown below. I bring the following to your attention in the hopes that the one federal agency, the FBI, that should take action in the violations I describe herein, will add these charges to the criminal investigation now underway against the IRS for illegally targeting conservative groups requesting 501c4 status and illegally transferring confidential taxpayer information to the White House in violation of federal law, and other violations of law that may come to light in the investigations by the U. S. House of Representatives, the U. S. Senate, or other investigative sources.
I hereby request that the FBI, Washington DC Headquarters, conduct a full investigation into the following circumstances in which I allege that collusion, racketeering, graft and fraud, as hereinafter legally defined, and intentional, willful and reckless disregard for the rule of law, took place and is taking place within the government agency known as the IRS.
NAMED GOVERNMENT AGENCIES, OFFICERS, EMPLOYEES AND INDIVIDUALS IN THIS CRIMINAL COMPLAINT TO BE INVESTIGATED:
The U. S. Treasury Department, Jack Lew Co-conspirator
2. The Internal Revenue Service (IRS) Co-conspirator
3. Acting IRS Commissioner Daniel Werfer Co-conspirator
4. IRS Agent Layne Carver of the Ogden, UT IRS Service Center Co-conspirator
5. District Director for the Holtsville, NY IRS Service Center Co-conspirator
6. District Director for the Ogden, UT IRS Service Center Co-conspirator
7. District Director for the Fresno, CA IRS Service Center Co-conspirator
We reserve the right to amend this complaint with the purpose of adding or naming other relevant agencies, officers, employees, or individuals.
Given our experiences with the IRS and the experiences of other taxpayers who have communicated with us, we charge that in fact the IRS is a criminal racketeering enterprise. The IRS Tax court is corrupt and a willing co-conspirator in the enterprise. The following items and other causes of action are reflected in this criminal complaint and will be added to our lawsuit in U. S. District Court against the IRS when filed.
• The IRS uses fear and intimidation to force taxpayers into surrendering their money.
• It threatens the use of force to coerce taxpayers into capitulating to the IRS demands, legal or not.
• It lies to the media and the public about its true intentions.
• It promotes a blatant contradiction between the IRS’ public persona of compassion and willingness to help, versus its private behavior of ruthless aggression and destruction.
• It believes they have an inherent right to rule over everyone else.
• It has no respect whatsoever for individual rights, liberties, or the rule of law.
• It believes they can simply invent the rules as they go along, completely outside of the law.
• It believes they are exempt from the same laws and rules they force on everyone else.
The IRS operates in a completely political environment where decisions are made and actions taken for purely political reasons against perceived political enemies. Every American should be outraged at the politicization of the IRS, the ridiculous and complicated IRS tax code and how the IRS treats them. All Americans have become indentured slaves to the IRS Tax Code [in violation of the 13th Amendment to the U. S. Constitution.]
We allege that the IRS has violated the constitutional rights of lawful citizens of the United States of America, and our rights, under the color of law, in blatant violation of 42 USC Section 1983.
[We allege that the $10,000 penalty assessment filed against us is in direct violation of the 8th Amendment, which prohibits excessive fines and penalties.]
We allege that the IRS has illegally targeted political opponents of the Obama Administration by forcing conservative groups to jump through IRS hoops and scrutiny that is not applied to liberal groups, for purely political reasons. As a national conservative author, we further allege that we were specifically targeted for what we have written about the government in general and the IRS specifically, for purely political reasons.
We allege that the IRS has illegally transferred IRS confidential information of taxpayers to the White House and to other government agencies, in direct violation of federal law as reported by the news, [that requires huge fines and potential incarceration under federal law.]
We allege that the IRS violated the law by ignoring our legal affidavits and assessing penalties for what is a technical violation of the IRS code. We have heard from other taxpayers who have suffered the same indignities and illegal behavior by the IRS. One of those taxpayers went to jail for 78 months and was never charged with a crime. How can this happen in America?
We allege that the IRS has totally ignored our innocent spouse affidavit and continues to levy a penalty against us when in fact our spouse has never had even the remotest participation in filing Form 1040, or any other IRS form and the paying of income taxes.
We allege that the IRS has committed perjury by trying to perfect a "procedurally proper ASSESSMENT" (the $5,000 each penalty assessment against my wife and I) in violation of IRC 6065 and 18 U.S.C. 1621.
The abuses we have chronicled [in this Complaint] have, as their common denominator, violations of one or more the fundamental laws of freedom and liberty as outlined in the U. S. Constitution. These abuses embody the sort of malfeasance and intrusion by Government, anticipated by the Founders, and thus these violations, so chronic to the federal government and the IRS, leaves no question that it rises to the level of a criminal conspiracy. We allege that the IRS is in fact, an out-of-control rogue agency of the Federal Government.
It is the conviction of millions of freedom-loving Americans that this pattern and practice of abuse by the IRS, is an ongoing criminal racketeering enterprise and merits aggressive investigation and prosecution by the only federal agency [the FBI] that has the power to set things right, that is if they too, have not been corrupted. A special prosecutor should be named and a grand jury should be convened in dual investigations of the IRS's [criminal activities] and any connection to the White House.
The perception that way too many Americans have of their government is that if a person defrauds the government, he or she will go to jail. However, if the government defrauds or steals from the people, no one is fired and the perpetrators just get promoted. The other current [Obama Administration] scandals of Fast and Furious, the bungling and lying about the Benghazi murders of our Ambassador to Libya and three other brave Americans, the Justice Department’s wide sweep of the Associated Press phone records and Fox News correspondent James Rosen, only serve to re-enforce that mindset.
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In conclusion, if the FBI decides not to pursue this investigation, or add it to its current investigation of the IRS, then it will be cast as just another "tool" of the hopelessly corrupt federal government, a government that demands absolute compliance with the law from the people, but then either ignores the law altogether, or selectively follows or enforces certain laws that it deems worthy, or that supports its un-constitutional, anti-American, [political] agenda.
In the end ….. "If the government does not obey the law and determines it is above the law, then America under the rule of law, no longer exists. The people will become slaves to government tyranny and anarchy and/or revolution can be America’s only future because some Americans will not go quietly into the night." -Ron Ewart
Without Prejudice under UCC I-308
We encourage our readers to share this article far and wide so that the corruption and criminal activity of the IRS will slowly but surely seep into the collective mindset of the American people and lead to their outrage over involuntarily becoming indentured servants to an all-powerful, out-of-control, rogue government agency, operating like a criminal racketeering enterprise. May it also lead to the IRS being put on trial for corruption and high crimes.
© 2013 Ron Ewart — All Rights Reserved
Ron Ewart, a nationally known author and speaker on freedom and property issues and author of his weekly column, "In Defense of Rural America", is the President of the National Association of Rural Landowners, (NARLO) a non-profit corporation headquartered in Washington State and dedicated to restoring, maintaining and defending property rights for urban and rural landowners. Mr. Ewart can be reached by e-mail for comment at firstname.lastname@example.org, or by 'phone at 1 800 682-7848.