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    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Jun 11, 2006, 01:32 PM
    DOJ Dismisses Felony Tax Prosecution with prejudice.
    On May 12, 2006 in Peoria, Illinois, the attorney for the U.S. Department of Justice (DOJ) begged the court to dismiss all charges against IRS victim Robert Lawrence in federal District Court.

    The motion for dismissal came on the heels of a surprise tactic by Lawrence’s defense attorney Oscar Stilley.

    The tactic threatened exposure of IRS’s on-going efforts to defraud the public. The move put DOJ attorneys in a state of panic that left them with only one alternative: beg for dismissal, with prejudice.

    Stilley’s tactic paid off. Sixty days earlier, the DOJ had indicted Lawrence on three counts of willful failure to file a 1040 form, and three felony counts of income tax evasion. The federal Judge dismissed all charges with prejudice, meaning the DOJ cannot charge Lawrence with those crimes again.

    Link to Article:

    It seems that the 1040 Form is invalid. No OMB Number.

    IRS Form 1040 violates the federal Paperwork Reduction Act (PRA) and is therefore a legally invalid form.

    Under the Public Protection clause of the PRA, no person can be penalized for failing to file a 1040 if the IRS fails to fully comply with the PRA.

    The PRA statutes explicitly provide that a PRA challenge is a complete defense and can be raised in any administrative or judicial proceeding.

    The IRS Individual Form 1040 has not and cannot comply with the requirements of the PRA because no existing statute authorizes the IRS to impose or collect the federal income tax from individuals. That lack of bona fide authority makes it impossible for IRS to avoid violating the PRA.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Jun 11, 2006, 04:28 PM
    As most should be aware that of course the entire IRS and personal income tax is not constitutional and of course their inforcement actions violate various consititutional rights.

    But this has not stopped them from closing in on all of the "no tax" people using varius means.

    There are for too many people in jail, too many bank accounts seized and too many pay checks garnished over the years for their attorneys not to know how to win, and actually they seldom go to court they merely attach a persons property without court action.

    I would say that often these cases are settled in various means and this is far from closing the IRS, they will still have their day ( since the public does not have any way to force or change)

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