This layman walked into the Dallas County Law Library in 1973 to study my Constitution and how to proceed in taking the Commissioner of Internal Revenue to court. I’d written Attorney General William B. Saxbe of my intentions, claiming the income tax had become unconstitutional. The Attorney General forwarded my letter to my Director of Internal Revenue.
Federal income tax personally links me to the United States and the Director is the man in charge. In that I had a personal stake in the outcome, I had the right to be heard in a meaningful way in a meaningful place under the due process clause of the Fifth Amendment. That didn’t happen.
As it turned out, the Attorney General did not agree with me, nor did the Supreme Court. Supposedly, my case had been heard in 1946. The U. S. Court of Appeals ruled that although the income tax was high, it had not become take. The government argued that taxes had not changed so much in 1980 that the same case should be heard again.
My case against the IRS was based on a deliberate mistake. It began with a petition to the U. S. Tax Court. The mistake was corrected and the case was closed. I appealed to the U. S. Court of Appeals on the ground that the IRS mistake was not a mistake. It was deliberate confiscation of property. The U. S. Court of Appeals ruled against me. In the meanwhile, the IRS had ignored the Tax Court order and seized the money it gave back by court order. This fact had no weight in the Supreme Court in the Octorber term of 1980. My cause was not heard.
I filed a complaint in the U. S. District Court for the money the IRS seized in violation of the Tax Court order. The Department of Justice agreed that the seizure was wrongful. My property was refunded. The IRS went to my bank and seized every cent in my checking account. The District Court refused to reopen the case.
I took my court record to The Palm Beach Post. An investigation was made. The IRS admitted that for 11 years it had made mistake after mistake, and in violation of court orders. A front page story was printed, which I mailed to Senator Bob Graham. Senator Graham’s response was that the IRS is permitted to take “Draconian” measures in the collection of the income tax. Thought I would mention this to you.
It can’t be denied. Mistake after mistake after mistake cannot be considered mistake. Reason is fundamental to the law. It is all in the record. The IRS, your government and courts consider themselves above the law—for the good of all. Is the Tea Party going to ignore this federal lawlessness I bring to your attention? What do you think we should do about it?
Comments