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TRIBUNE NewSPAPER
April 1, 2005
Volume 6 Issue 35

"I may disapprove of what you say, but I will defend to the death your right to say it."
--Voltaire

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Schiff: My Criminal Prosecution is Illegal On a Variety of Grounds

Schiff: My Criminal Prosecution is Illegal On a Variety of Grounds
Marcus K. Dalton
Las Vegas Tribune

On March 24, 2004 Irwin Schiff, a nationally recognized critic of the U.S. income tax, was indicted on 13 counts involving income taxes. Schiff has written and published numerous books on the subject of the federal income tax including his 1982 best seller 'How Anyone Can Stop Paying Income Taxes,' which, for a time, was distributed by Simon and Schuster.

On June 16, 2003 United States District Court Judge Lloyd D. George issued an order enjoining Schiff from selling his latest book, 'The Federal Mafia: How the Government Illegally Imposes and Unlawfully Collects Income Taxes' which was originally published in 1990 and has already sold over 90,000 copies. Schiff is in the process of appealing Judge George's 35 page Injunction order to the Supreme Court. While Schiff is enjoined from selling 'The Federal Mafia,' it can still be found in local libraries and is apparently being sold on EBay and various sources on the Internet.

Indicted along with Schiff were Cindy Neun and Larry Cohen who were once associated with Schiff at Freedom Books, Schiff's publishing and marketing company located on East Sahara Blvd.

Count 1 of the indictment charges Schiff, Neun and Cohen with a conspiracy to defraud the United States by "impeding, impairing, and obstructing the lawful functions of the Internal Revenue Service in ascertaining, computing, assessing, and collecting taxes." "First of all," says Schiff, "There is absolutely no mention of the IRS in subtitle A of the Internal Revenue Code, which is the subtitle dealing with income taxes. There is absolutely no statute," said Schiff, "in the IR Code authorizing the IRS to 'ascertain, compute, assess or collect income taxes,' so how could Cindy, Larry and I be guilty of any such conspiracy? If anyone will show me any such statute I will plead guilty right now to all 13 counts."

Schiff also claims that, Magistrate Judge Peggy A. Leen refused to allow him to raise this issue at his arraignment, nor would the government identify any such laws when he asked them to do so in a Bill of Particulars. "If anyone is guilty of a 'conspiracy,'" said Schiff, "it is the federal government itself which uses its courts and Justice Department to conduct illegal trials ¡ such as this one - in order to intimidate the public into paying a tax that no longer exists."

According to Schiff, when Congress adopted the 1954 Internal Revenue Code it essentially repealed the 1913 income tax by not including in the 1954 Code all of the mandatory provisions that had formerly appeared in the 1939 and earlier Codes. "Congress left these provisions out of the 1954 Code," said Schiff, "so that the income tax would conform to what the Supreme Court said actually occurred as the result of the 16th Amendment."

According to Schiff, Congress wrote the original income tax statutes based on its belief that the 16th Amendment amended the Constitution and gave it a new taxing power. However, Schiff contends that the Supreme Court, in the 1915 case of Brushaber v. Union Pacific R.R., 240 U.S.1, declared the 16th Amendment did not amend the Constitution nor give Congress any new taxing power. "So," said Schiff, "in 1954 Congress rewrote the Internal Revenue Code so that the income tax statutes would now: (1) conform to what the Supreme Court said actually occurred as a result of the 16th Amendment; and (2) so that the statutes would conform to the restrictions placed on its taxing power by the original Constitution. However in order to do this," Schiff contends, "Congress had to change the legal meaning of 'income' so nobody would have any, and it also had to eliminate from the 1954 Code all of the powers formerly given to the IRS to enforce the payment of income taxes."

Schiff further points out that a far fuller explanation of all of this is contained in the numerous pleadings he has filed in connection with his criminal prosecution, "Which," said Schiff, "are now posted to my web site along with the government's responses. Anyone can now read what I have to say about these matters and what the government has to say about them, and make up their own mind about who is telling the truth."

On April 1, 2004, two weeks before his arraignment on April 14, 2004, Schiff filed four motions asking the Court to dismiss all the charges against him, because: (1) no law made him or anybody else "liable" for income taxes; (2) the income tax was not being collected in accordance with Congress' power to "lay and collect taxes;" (3) the indictments were secured by fraud, because U.S. attorneys fraudulently misled the grand jury concerning the legal meaning of "income" as used in the Internal Revenue Code, and because, (4) Congress never conferred jurisdiction on federal courts to conduct criminal trials involving income taxes.

On October 8, 2004 the Government filed its response to Schiff's four motions. Therefore, Schiff's four motions attacking the court's jurisdiction on these four grounds has been pending for approximately one year and the Court has yet to rule on them ¡ even though motions challenging jurisdiction are supposed to be ruled upon before the court "can move one step further."

Schiff also filed an extensive motion to suppress all of the evidence gathered by the government in its February 11, 2003 raid on Freedom Books, in which 15 IRS special agents carted off some 12,000 documents. Schiff supported his motion with numerous exhibits including the official job description of the special agents who conducted the raid which reveals that they are only authorized to enforce laws pertaining to income taxes if they involve "United States citizens residing in foreign countries and nonresident aliens."

"Therefore," said Schiff, "the entire special agent raid on Freedom Books was illegal just on this ground alone, and the government, in its responses, did not even challenge me on this in any way."

Subsequent to his filing of these five motions, Schiff filed other motions as to why all the charges against him should be dismissed as a matter of law, and these additional motions and the Justice Department's responses to them, as well as the "Report and Recommendations" of Magistrate Judge Lawrence R. Leavitt, in opposition to all of Schiff's motions are also now posted on Schiff's web site. "I suggest that everyone read his Reports," said Schiff, "and my responses to them, so the public gets a clearer understanding of the role being played by federal judges in the government's illegal enforcement of the income tax."

In addition, Schiff has posted to his website pleadings in connection with a $2.6 million summary judgment awarded the government by United States Federal Judge Philip M. Pro.

Schiff argues he was entitled to a jury trial in connection with the government's lawsuit, since there were a number of contested issues of fact that Judge Pro failed to consider in awarding the government a summary judgment ¡ issues that Schiff contends were for an impartial jury to decide.

"How impartial is a federal judge whose very salary and other perks are derived from the party seeking the summary judgment?" queried Schiff. In addition, Schiff's pleadings clearly show that approximately $1 million of the $2.6 million dollar summary judgment involved fraud and related interest penalties that could not possibly apply to Schiff as a matter of law.

Schiff also filed a motion claiming that Judge Pro was without jurisdiction to even hear the government's lawsuit, a claim that Judge Pro totally failed to address much less refute, even though he awarded the government a $2.6 million summary judgment. In any event, Schiff is now appealing Judge Pro's decision to the 9th Circuit Court of Appeals.

Readers may review Schiff's motions, arguments, and other relevant data at his website ¡ www.paynoincometax.com

The Tribune will continue to follow this important, potentially landmark case to its conclusion.
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TODAY’S HEADLINES APRIL 1, 2005 –
Schiff: My Criminal Prosecution is Illegal On a Variety of Grounds
Schiff: My Criminal Prosecution is Illegal On a Variety of Grounds
Marcus K. Dalton

Las Vegas Tribune
On March 24, 2004 Irwin Schiff, a nationally recognized critic of the U.S. income tax, was indicted on 13 counts involving income taxes. Schiff has written and published numerous books on the subject of the federal income tax including his 1982 best seller 'How Anyone Can Stop Paying Income Taxes,' which, for a time, was distributed by Simon and Schuster.

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Questions or Comments? email webmaster@lasvegastribune.com
Articles may not be reproduced without permission
All Site Content and Images : Las Vegas Tribune © 2001-2003

You Don’t Believe It? Just Watch Him Do It...

Subject: Irwin Schiff Is Ending The Income Tax In America!

His Books Are More Contemporary Than Ever!
Featured On Many Television News Magazine Shows
Including: ABC’s 20/20 John Stossel’s "Give Me A Break" Series
CBS’s Bryant Gumble’s "Public Eye"
"EXTRA!" Magazine Show
Houston’s Popular "Debra Duncan Show"
FOX’s "Hannity and Colmes" Show

To Schedule Irwin Schiff for Interviews & Speaking Engagements,
Call 702-385-6920
More about Mr. Schiff's latest successes on these websites:
http://irwinschiff.homestead.com/
http://www.paynoincometax.com/

Learn About The Two Most Significant Tax Trials In America’s History!
They Are Happening Right Now, And Irwin Schiff Is All Over Them!

He’s not lecturing only on the "income taxes" anymore.

Everyone Knows the Titles of His Most-Recognized Work, "THE GREAT INCOME TAX HOAX" and "THE FEDERAL MAFIA: HOW THE GOVERNMENT ILLEGALLY IMPOSES AND UNLAWFULLY COLLECTS INCOME TAXES"

Today, More and More Americans are Tuning In To His Radio Show and Inviting Him to Lecture on The Constitution, Our Nation’s Economy, Money, and, Social Security.

Irwin Schiff Speaks on Our Nation’s Economy.
Mr. Schiff Makes Economics Fun to Learn and Simple to Understand.
When it comes to Economics, Irwin Schiff wrote one of the best books ever written on the subject. More and more, teachers are making it a part of their curriculums:
"HOW AN ECONOMY GROWS AND WHY IT DOESN’T"
Listen to Irwin Schiff’s Speech: "Economics and America’s New War"
On the web:
www.paynoincometax.com
Listen To Irwin Schiff On The Subject Of Inflation.
His Great Book, "THE KINGDOM OF MOLTZ",
Is A Simple Study of The Law Of Inflation: What Causes It.
A Must Read For All Americans Who Want To Understand How The "Fed" Devalues Our Nation’s Currency.

Irwin Schiff’s Most Popular Book:
"THE BIGGEST CON, HOW THE GOVERNMENT IS FLEECING YOU"
"With driving logic and with irrefutable evidence, he proves that it is only the government that causes our inflation." And,

THERE’S NO ISSUE MORE TOPICAL OR CONTEMPORARY THAN SOCIAL SECURITY Irwin Schiff’s Book: "THE SOCIAL SECURITY SWINDLE- HOW ANYONE CAN DROP OUT!" (1984)

Today, It Is News! 20 Years After The Publishing of This Book, The President’s Commission To Strengthen Social Security Admits: "The System Has No Assets." "It’s Broke!" Mr. Schiff Tells Listeners The Way It Really Is, In Plain & Simple Terms!

Call: FREEDOM BOOKS at, 800-829-6666
Please Contact Us For More Information And Current PRESS RELEASES.
Freedom Books: 444 East Sahara Avenue. Las Vegas, NV. 89104

Online: www.paynoincometax.com
http://irwinschiff.homestead.com/
http://www.taxfreedomnow.com/