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| U.S. Court of Appeals Rules Against IRS http://northwestindiana.com/discussionforum/viewtopic.php?f=30&t=177 |
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| Author: | NeoRayden [ Tue Feb 08, 2005 6:22 am ] |
| Post subject: | U.S. Court of Appeals Rules Against IRS |
U.S. Court of Appeals Rules IRS Cannot Apply Force Against A Tax Payer Without A Court Order -------------------------------------------------------- (Full Story) Queensbury, NY – On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order. Quoting from the decision (Schulz v. IRS, Case No. 04-0196-cv), Quote: “...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order…[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so refusing.†The court went on to say that the federal courts are there to protect taxpayers from an “overreaching†IRS, and that the IRS must go through the federal courts before force can be applied on anyone by the IRS to turn over personal and private property to the IRS. For more, please go here: http://www.givemeliberty.org (Full Story) |
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