How to Beat a Pocket Summons - A Clarkson Report
Instructions
List Of Pleadings
So the stinkers of the Instant Robbery Squad are attempting to harass you by
serving a personal summons on you. You can beat that crude bully tactic. We have
handled hundreds of those and won every one.
The two-party summons are easy to beat, unlike the bank
or Third-Party Summons under IRC §7609. In either event, the Patriot Network
has packets you can use to win.
However, you must carefully follow our instructions. The Clarkson Packets are
all well-honed. proven and tested. We know what we are doing and we can help
you.
1. When you receive the harassment summons, do not
throw it away, even though it is no good and has by itself no legal standing.
Neither the IRS nor any other administrative
agency, state or federal, can make you do anything. You can safely disregard any
orders of any government official except judicial officers.
However, the tax collectors follow up on their
worthless and ineffective pocket summons generally with a petition to the Court.
Then the federal judge issues an order telling you to do certain things. We
recommend that you do what the judge says.
The tax thieves want your personal and private records.
Do not surrender your rights. You are an American citizen and you have rights.
Use them or lose them. You can and will beat the IRS in court.
2. Examine the summons form. Note that it does not tell you not to destroy and
burn your private records and papers. After all, administrative officers do not
have the power to tell you not to do anything. You can, therefore, legally and
safely destroy all the records they seek to steal from you.
Go through your hooks and records and divide them into
three parts: A) Records you do not and will not need. Burn and discard them. B)
Records and documents you may need later but do not want the IRS to have. Set up
the daisy chain: give them to a friend with instructions for him to pass on to
somebody else but not tell you who. C) Records (at least two) that you may turn
over to the IRS. See details below.
3. The appearance. The summons will direct you to appear before a thieving tax
collector at a particular time at his office to turn over records. You have the
right to disregard the orders of a powerless low-level government flunky.
However, the IRS does have a provision that you go. IRC §7602.
We recommend that you attend the summons meeting. Take
tape recorder, witness, agent questionnaire, Bible, etc. See Tea Party flyer.
Pull a tea party. Take the Fifth Amendment. Do not answer questions nor produce
records.
4. The order to show cause. A few months later the IRS will probably go to their
minions in the federal courthouse and gain an order requiring you to come to
court and produce records. This is important and you should do what the judge
says. However, some patriotic Americans disregard this order without any result
different than those who do appear.
5. File your motions. The Patriot Network has produced a packet of motions and
discovery. File all the pleadings. Your packet should include the Motion to
Quash and Discovery based on the LaSalle case, plus based on the Fifth
Amendment, plus a motion to quash due to failure to attest. File them all.
Read and understand the pleading, also the LaSalle
case, the Clarkson video, The Audit Process -- Audit Procedure 11, $30, explains
summons, as well as the Court etc. You can also call Dr. Clarkson for help at
(864) 225-3061. You should all join the Patriot Network so the leaders and
experienced paralegals can help you.
6. In Court. Go to court and stand up for your rights. You have a right to
appear and state your case. Argue the points of law in your packet. Do not be
afraid. You need to watch the two Clarkson videotapes on Legal Research and
court procedure. Order now for $30 each
from the Patriot Bookstore. Go watch the hearings of other patriots so you will
know what to do when your case comes up.
Assert your rights. Be proud to he an American. The
judge will respect a forthright, honest attitude. State your case with passion,
but if they put you on the stand, which they occasionally do, then take the
Fifth on every question.
If the agent takes the stand, ask him many questions.
Ask him every question on the Interrogatories sheet. Keep asking the questions
even though he may not answer.
At the hearing, generally, the lackey and tool of the
tax collectors will order you to return to the agent and surrender your hooks
and records. No matter what you do, that is the result of the hearing in most
cases. Of course, file Notice of Appeal.
7. Second agent trip. Go before the agent and do as before. Take the Fifth, tape
recorder, Bible, etc. Remember: he cannot do anything. No matter what you do,
the court will issue the second order.
8. The second Court trip. The judge will order you to Court the second time, for
a possible contempt order. They mean business now.
Take the Fifth and argue the Fifth Amendment Packet. If
the judge rules against you, then give them two or three more records. Take an
envelope with records and surrender them. Then testify that you have no other
records. They may just ask you to stand there and say you have no other records,
or sign an affidavit to that effect, or take the witness stand to state under
oath that you have given all the records that you have for the years mentioned
in the summons. Generally, that is all. But file a Notice of Appeal anyway.
9. Do keep in touch with Dr. Clarkson on this important issue. You can join the
Network and be assured of help.
You may also he attacked by a 7609 Third Party Summons. That is handled in
another
packet.
10. The FOIA-PA. Since the IRS now knows who you are and what you are doing, you
should get busy with the important Freedom of Information Act and Privacy Act.
Order Clarkson's FOIA-PA audiotape and forms for only $10. Also, order the ACLU
FOIA-PA Litigation Manual for $40.
11. The Primary Meeting. To understand Dr. Clarkson and what he is doing, you
need to order the informative video Introduction to the Constitution and the
Income Tax. Watch and understand that tape before you call. Order for $30 from
the Patriot Bookstore.
12. We now have some instructions on summons, both kinds, in our new video Audit
Process--Audit Procedure II, $30, audio $10.
13. You need to read and study the motions in the packet. You may have to
discuss them. Join the Patriot Network and feel free to call Dr. Clarkson.
14. Read and understand the Henderson case and the others.
List of Pleadings
1. How To Beat a Pocket Summons - the Instructions
for Packet. Read carefully.
2. Motion to Quash IRS Summons. This is your response to
the governments petition in Federal court to enforce the tax collectors’
pocket summons. This is your first and foremost pleading. File promptly and
serve by first class mail. See Clarkson Law Course on How
To File Pleadings In Federal Court.
No “personal service” is needed as this is a responsive pleading.
3. Interrogatories - first set. File promptly. All
discovery motions should he filed soon.
Interrogatories - second set. File
promptly.
4. Request For Production of Documents. File soon.
5. Motion To Quash-Attest
6. Request For Admission. File soon.
7. Motion to Compel Answers to interrogatories.
File if government does not answer interrogatories in 30-40 days.
8. Marvin Cooley’s famous Motion to Dismiss IRS Summons Based upon Fifth
Amendment. File soon.
9.
10. Notice of Appeal. File if court rules against you.
11. Petition for Order of Stay. File after filing Notice of
Appeal.
12. Petition for Stay Pending Appeal
--------------------------
Motion To Quash IRS Summons
Directed To Respondent
|
UNITED STATES DISTRICT COURT
____________DISTRICT OF ____________
USA and Internal Revenue Agent
_________________________
Petitioners
}
CIVIL NO:_________
VS.
_________________________
Respondents
MOTION TO QUASH IRS
SUMMONS DIRECTED TO
RESPONDENT
Respondent moves this Court to Quash the IRS Summons issued to
Respondents for the following reasons:
1. The IRS has classified Respondent as a “tax protester”
and has abandoned in an institutional sense the pursuant of a
civil tax determination or collection purpose and has made an
institutional commitment to make a referral to the Department of
Justice for prosecution and the Service would merely like to
gather evidence to aid the prosecution. US vs. LaSalle Nat.
Bank, 98 S Ct 2357 (1978).
2. The Service, having abandoned the pursuant of Respondent’s
civil tax liability, is attempting to use the summons for the
impermissible purpose of gathering evidence solely for a
criminal investigation, and is attempting to circumnavigate the
traditional role of the grand jury as the principal tool of
criminal investigation in our society. US vs. LaSalle,
3. IRS Manual Supplement 9G-93, the procedural guideline for
prosecuting those persons classified by said agency as “tax
protestors”, removes any discretion from the individual agents
assigned to the case, MS 9G-93, IRM 9383.6 and other IRS
procedures on persons similarly labeled as Petitioner, set forth
a policy whereby the cases are totally criminal abinitio,
to the extent that individual agents and the Service itself have
no discretion or authority to compromise whatsoever in these
cases. This manual is, by itself, the institutional commitment
to prosecute.
4. The Summons are not issued in good faith as the purposes of
the individual summons are too broad, too sweeping in detail, to
be used by the IRS only to prove the actual existence of a valid
civil tax determination or for a collection purpose. Further,
some of the items sought by the summons are only needed by the
Justice Department to aid in a criminal prosecution.
5. The IRS has made a preliminary investigation into Respondent’s
financial condition since it has access to a tremendous amount
of financial information on taxpayer and has abandoned any hope
of making any collection in this case, but is delaying in
submitting a formal recommendation to Justice in order to gather
additional evidence, to expand its criminal discovery rights,
and to serve as an information gathering agency for the
prosecuting attorney.
6. The Court, in examining each and every summons and all parts
thereof, will discover that not all of the information sought
contributes in some way to a civil inquiry. Even if the Court
could discover a general civil purpose for the tax
investigation, this would not terminate judicial inquiry into
whether the summons (or parts thereof) and not on the purpose of
the investigation as a whole. If any one of many
summons (or parts thereof) violate the LaSalle criteria, and not
on the purpose of the investigation as a whole. If any one of
many summons or parts thereof were issued solely for a criminal
investigation, that particular summons should be suppressed,
even in the face of an overwhelming civil purpose of the
investigation as a whole. The IRS would simply lack statutory
authority to issue these particular summons. US V.
Genser 595 F 2d 146 (NJ 1979).
7. The Service only has the authority granted to it by Congress.
The Congress has given the IRS administrative summons powers in
IRC § 7602 to be used only in civil cases and has not yet given
this administrative agency mandatory criminal investigatory
powers. Therefore, the IRS simply does not have the
authority to summons a person’s records which would have to be
used in criminal prosecutions.
8. In his affidavit and Summary of Authorities, to be filed
henceforth, Respondent will enumerate actions of the government
which will indicate, assuming actions speak louder than words,
the true nature of this investigation, and the attempt of the
two agencies to circumnavigate the traditional role of the grand
jury and the other constitutional protections of the Respondent
as guaranteed in the Bill of Rights.
9. In innumerable press releases and published statements, IRS
and Department of Justice have thoroughly, clearly announced
that the two agencies consider Respondent’s tax status to be
illegal and they will attempt to jail all those in the same
situation as Respondent. On 10 June 81, Roscoe Egger, Jr.,
Commissioner of Internal Revenue, testified before the
subcommittee in Government: “The general focal point for
matters involving illegal tax protest activity is the Director
of CID. The tax protester program receives top priority
attention by CID” (emphasis added).
10. If petitioner IRS agent should take the false position that
this is not necessarily a solely criminal case, the Court is
reminded that the Internal Revenue Code Section 7214 (8)
provides that revenue agents “having knowledge or information
of the violation of any revenue law by any person, or frauds
committed by any persons against the United States under any
revenue law, [and] fail to report in writing such knowledge or
information to his secretary or his delegate” can be dismissed
from office, convicted and jailed for such.
11. Petitioners have failed to abide by the procedural
requirements of the Summons Act, as well as the intent of
Congress in many areas, including a failing to effect proper
service on Respondent.
12. Petitioners have failed to comply with the mandatory
procedure of IRC 7605(c), have not secured the proper
authorization, have not given proper notice in advance, nor have
summons been issued for correct and authorized purpose.
13. Petitioners have incorrectly alleged that Respondent has
refused to comply with the summons. Further, US Magistrates
neither have the authority to issue a Show Cause Order or rule
in this these types of cases, and Magistrates also have no
jurisdiction.
15. The summons form was not attested as mandated by IRC 7602. I
certify that on this date I sent properly a copy of this
pleading to opposing attorney.
Date:
_________________
_______________________________
Respondent Pro Se
Address: ________________________
________________________________
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Interrogatories (First Set)
UNITED STATES DISTRICT COURT
DISTRICT OF___________________
USA and Internal Revenue Agent
_________________________
}
Petitioners
vs.
CIVIL NO. _____________
_________________________
Respondents
INTERROGATORIES
PROPOUNDED BY
RESPONDENT
FIRST SET
PURSUANT to Rule 33 of the FRCivP, the following Interrogatories
are propounded to the person above-named. Answer the
Interroqatories within thirty (30) days, in writing, under oath,
and as otherwise provided by law.
1. State in detail (a) the identities of all the investigating
agents on this case; (b) the date the investigation began; (c)
the date any agents filed any reports; (d) the date the District
Chief of the CID reviewed the recommendation; (e) the date the
Regional Counsel made a referral; (f) the date of all summons
issued.
2. Describe in detail the nature of any contacts relating to
this investigation between the agents and the office of the
Department of Justice.
3. Has the IRS accepted Respondent’s 1040 for the years in
question as filed?
4. Does the IRS consider Respondent’s tax return to be an
invalid return?
5. State the name, official’s title, and job description of
the person or persons who initiated this investigation and the
exact date the investigation was initiated.
6. Describe in detail the exact nature of the investigation
against Respondent, the full scope thereto, the principal
purpose and the expected results.
7. Identify all persons or parties who have been associated in
this investigation, who may be associated, and who will see the
results of this investigation.
8. Has the Criminal Investigation Division of the IRS been
involved in the case? If so, for how long? Is the principal
division in this case?
9. Has any recommendation been made to the Justice Department?
10. Has any decision been made as to making a recommendation to
the Department of Justice? If so, when? If so, by whom?
11. State in detail the use, to the fullest extent, which the
government will make of each document or information sought by
the IRS in this case.
12. State which of these documents sought by the summons are
needed for a civil investigation, which for criminal
investigations and which for both.
13. Can any statement by Respondent or any document presented by
him in this proceeding be used against Respondent in a criminal
proceeding?
14. Does the IRS have the power to grant an immunity against
prosecution or to recommend immunity to the Department of
Justice?
15. Has the government figured or made any study on the assets
of Respondent? If so, to what extent?
16. List in detail the assets of Respondent known to the
government.
17. Has the IRS classified Respondent as “judgment proof”?
18. Does the IRS expect to collect any funds or judgments
against Respondent?
19. Give the names, positions and job descriptions of all
persons who assisted in furnishing answers to the
Interrogatories.
20. Has a revenue agent been assigned to this case? If so,
identify the agent and date assigned duties.
21. If both a revenue agent and a special agent are assigned to
this case, explain which one is in charge.
22. Explain for each document or each type of documents
requested by the summons the expected use, the principal purpose
or purposes for which the information is intended to be used.
23. Explain for each document or each type of document sought
the relevance, use or need in relation to a civil tax
investigation.
24. Are any of the requested documents needed for only criminal
tax investigations, i.e. have no bearing on a civil tax audit?
25. Has the IRS made any effort to collect the information
sought by the summons in this case to the greatest extent
practicable directly from Respondent?
26. Has Respondent refused to furnish this information to the
IRS? If so, when, and to whom?
27. Have Respondents ever even requested the documents sought by
the summons from Respondent? Has not Respondent suggested or
written that he would furnish the same information?
28. Explain the course of the investigation against
Respondent. How many other record keepers of Respondent
have been contacted? Identify them.
29. Identify all documents sought and/or provided from other
record keepers. Have any personal contacts been made by the IRS
agents to persons who might have information on Respondent? If
so, identify those persons contacted.
30. Have any IRS agents collected during the investigation on
Respondent any written or recorded statement or affidavits from
any persons? If so, identify the persons providing statements
and affidavits. Identify each statement/affidavit. Identify all
government employees who were given copies
of any such statement to read or examine.
31. Are any of the documents sought by the IRS already in its
possession? If so, which ones?
32. Has the agent who issued the summons contacted any witness
or other third party seeking information on taxpayer? If so, did
he explain to that party that taxpayer is under investigation?
If so, what type of investigation?
33. Have any other Federal agencies or agents been involved in
this investigation? If so, identify them.
34. Have any other Federal agencies or agents requested
information or documents concerning Respondent? If so, explain
the nature of the request, identify the documents sought and the
documents furnished. Identify the requestor.
35.
These Interrogatories are continuing in nature and you are to
furnish updates and new information as you receive it.
I hereby certify that on or about this
date, a copy of these Interrogatories were mailed properly to
the opposing party.
Date:
__________________________
____________________________
Respondent, pro se
Address:______________________
_____________________________
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Interrogatories (Second Set)
UNITED STATES DISTRICT COURT
DISTRICT OF ________________________
USA and Internal Revenue Agent )
CIVIL NO. ______________
_________________________
}
Petitioners
INTERROGATORIES
vs.
PROPOUNDED
BY
RESPONDENT
(SECOND SET)
__________________________
Respondents
TO: _______________________
Pursuant to Rule 33 of the FRC1vP, this set of Respondent’s
Interrogatories are propounded to the person above-named.
Respondent requests that you answer these Interrogatories within
thirty (30) days, in writing, under oath, and as otherwise
provided by law or directed by this honorable Court.
As used herein, the term “identify”
with reference to an individual means to furnish his name,
position, job description and address. With reference to a
document, the term “identify” means to state its nature, its
date, its author, its addressee, present location and custodian.
1. Is the Tax Protest Coordinator for the IRS in this
district involved with this case? Explain in detail the nature
and scope of his/her involvement.
2. Have you read Manual Supplement 9G-93 or any other procedural
guidelines on “Tax Protest-Type Activities”?
3. Explain the criteria or standards used by DOJ to decide to
prosecute “tax-protest-type cases” to recommend criminal
prosecution to the Department of Justice. What percentage of
cases classified as “Tax Protest” cases are so recommended?
4. Explain the criteria or standards used by the Department of
Justice to decide to prosecute “tax protest-type” cases.
What percentage of cases classified or identified by IRS as “tax
protest” are prosecuted?
5. How many American citizens in this IRS district have been
classified/identified as “Tax protestors”? How many in this
region? Nationwide?
6. Define a) “Flagrant tax protestors,” b) “tax protest
leader,” c) “flagrant noncompliance situation.”
7. Explain the IRS criteria or classification scheme for making
such identifications as “tax protest leader” or “flagrant
tax protestors.” Explain the DOJ’s criteria or
identification scheme for such.
8. How many persons classified as “tax protestor” have been
also classified as “flagrant tax protestor” or “tax
protestor leader”? What percentage of “tax protestors” are
also identified as “flagrant tax protestors”?
9. Has Respondent been classified/identified as a “flagrant
tax protestor” or “tax protest leader?”
10. What percentage of “tax protest leaders” or “flagrant
tax protestors” are recommended by the IRS to the DOJ for
prosecution? What percentage of them are prosecuted?
11. Have any “tax protestors” received routine civil audits
by IRS in this district and region and nationally? What are the
percentages?
12. Have any routine civil audits involved summons under IRS §
7609?
13. What percentage of “tax protestors” whose investigation
involved third-party summons were later recommended for
prosecution?
14. Has the Regional Commissioner for this IRS region been
informed of this investigation or the issuance of the summons in
this case? If so, when? In writing? Did the Regional
Commissioner respond? If so, when? In writing?
15. Does the IRS or the Regional Commissioner believe taxpayer’s
church is engaged in an unrelated trade or business? Has anyone
notified taxpayer’s church of any such belief? If so, when? In
writing?
16. Has taxpayer been classified as a “tax protestor”? If
so, by whom? If so, why?
17. Was this a blanket classification, or done individually
based on a personal examination of Respondent?
18. What authorities or manuals define a “tax protestor” or
the procedures pertaining to a “tax protest return”?
19. What officials have authority to classify citizens as a “tax
protestor”?
20. Has Respondent been classified as a “tax protester”? If
so, by whom? If so, why?
21. Was this a blanket classification, or done individually
based on a personal examination of taxpayer?
22. What authorities or manuals define “tax protester”, or
the procedures pertaining to a “tax protest return”?
23. During the course of this investigation of Respondent, has
any IRS agent read him his “Miranda rights?” If so, is this
a normal procedure for a civil investigation?
23. What caused this investigation to begin? Was Respondent’s
tax return identified at the Service Center for special
handling?
24. Was this case assigned to the investigators in writing? If
so, identify the assignment form.
25. Have any reports or memoranda been made by the IRS on or
concerning Respondent?
26. Are any of the documents or information sought by the
summons already in possession of the IRS? If so, identity those
documents.
27. Explain the relevance or purpose of each document sought to
any lawful purpose of the IRS and explain the purpose.
28. Explain the administrative steps which are required by the
Internal Revenue Code and explain whether they have or have not
been met.
29.
30
These Interrogatories are continuing in nature.
I hereby certify that on or about this
date, I delivered properly a copy of these Interrogatories to
the other parties in this action.
Date:
_______________________
______________________________
Respondent, pro se
Address:_______________________
______________________________
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Request For Production of Documents
UNITED STATES DISTRICT COURT
DISTRICT OF _________________________
UNITED STATES OF AMERICA AND IRS AGENT
______________________________
}
CIVIL NO. ________
Petitioners
REQUEST
FOR
vs
PRODUCTION
OF DOCUMENTS
_______________________________
Respondents
TO: U.S. ATTORNEY
Pursuant to Rule 34 FRCivP, Petitioner hereby requests that you
produce for inspection and copying at your office at ten o’clock
a.m. on the thirtieth day after service of this upon you the
following:
1. All documents, records and materials of the IRS pertaining to
Petitioner especially those forms and reports of the Criminal
Investigation Division and Form 3949, Intelligence Information
Sheet, and pertaining to this case.
2. All documents, copies and memoranda pertaining to those
persons classified by the IRS as “Tax Protestors,” the IRS
National Office Project 30, or pertaining to Manual Supplement
9G-93, its subsequent and preceding manuals. Further, all
records, papers and memoranda pertaining to IRM 9383.6 and the
IRS “Tax Protestor” or the Tax Protest Coordinator for the
IRS District, Regional and National Office.
3. All policy guidelines, manuals and documents of the
Department of Justice and of the U.S. Attorney for this District
pertaining to the subject “Tax Protestor” or any of the
above categories, all correspondence to and from the IRS
pertaining to Petitioner or the Tax Protest project.
4. All documents, records and papers of the Department of
Justice or in their files, pertaining to Petitioner or his
activities and this case.
5.
This request is continuing in nature and applies to documents as
described above that hereafter are obtained by you.
I hereby certify that on or about this
date, I mailed properly a copy of this pleading to all parties
at their proper addresses(es), postage pre-paid.
Date:____________________
_____________________________
Respondent, pro se
Address: ______________________
_____________________________
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Motion To Quash-Attestment
UNITED STATES DISTRICT COURT
DISTRICT OF__________________
____________________________
United States and Internal Revenue
Agent
}
CA#_________
_______________________________
Petitioner
vs.
__________________________
Respondent
Motion to Quash -
(Attestment)
Respondents move this court to quash the summons served by the
IRS upon the Respondents.
1. The United States courts have now ruled that the law requires
that the summons document be “attested”, and this is
mandatory. Thusly, a summons not attested is not proper and
cannot be en-
forced.
IRC 7603 provides: “A summons . . . shall be served by the
Secretary, by an attested copy delivered in hand to the person
to whom it is directed . . . “ (Emphasis added)
2. The summons document, a copy of which is attached to the
petition in the case, is clearly not attested and thus violates
a mandatory procedural requirement.
3. In the case of Mimick vs. US, USTC 50,070, Page
87, 282 (USDC Neb. Jan. 23, 1991), United States District Judge
Cambridge ruled that the IRS summons was unenforceable because
no “attested
copy” was served. The Court ruled:
“This court has not found any reported decisions or
legislative history interpreting the terms ‘attested copy’
as used in 7603 of the Internal Revenue Code. Black’s Law
Dictionary, abridged 5th Ed. p. 66 defines an attested copy’
of a document as ‘one which has been examined and compared
with the original, with a certificate or memorandum of its
correctness, signed by the persons who have examined it.’
Under this definition, an attested copy of a document must have
a signed, written notation that the copy is a correct copy. The
court concludes that this definition is the commonly accepted
definition of the terms ‘attested copy’, and is the
definition which should be applied to interpret
the meaning of terms ‘attested copy' in section 7603.”
“Since the copies of the summonses served on the taxpayers and
the third-party record keepers did not include signed, written
notations that the copies were correct copies of the originals,
the court concludes that one of the administrative steps as
required by Section 7603 of the Internal revenue Code was not
complied with and the summonses served upon the taxpayers and
third-party record keepers cannot be enforced.”
Copy of Mimick is attached or will be filed shortly.
4. Further, in Henderson v US, #91-805-20K, the Honorable
Henry Herlong, USDC-SC, ruled on 27 Nov 91 that the third party
7609 summons could not be enforced because the summons documents
were not attested. Copy attached or to be filed shortly.
The court ruled: “this court finds that to be an attested
copy, the summons must have a written and signed certification
or memorandum that the copy is a true and correct copy of the
original. Therefore, the IRS failed to follow the administrative
steps required by the IRS Code.
“The Hendersons have shows that the IRS failed to establish an
element required under Powell for enforcement of a summons.”
5. Since the required procedural steps were not taken on the
summons in instant case, they cannot be enforced and, thusly,
must be dismissed.
6. Even when the IRS agents attest a document, they do so
improperly, without a reading, an examination and a comparison
to the original, plus a notary public’s signature.
I certify that on this date, copy of this pleading was sent
properly to opposing counsel properly.
Date:
_________________
__________________________________
Respondent pro se
Address:___________________________
__________________________________
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Motion To Compel
Answers To Interrogatories
UNITED STATES DISTRICT COURT
______________________DISTRICT OF ___________________
_______________
}
Petitioner
CIVIL # _______
vs.
MOTION TO COMPEL
The United States
and
ANSWERS TO
INTERROGATORIES
Respondents
TO: _________________________
Pursuant to Rule 37 of the FRC1vP, Petitioner moves this court
for an order requiring the above-named to answer Interrogatories
propounded by Petitioner pursuant to Rule 33 of said rules:
1. Heretofore, Petitioner filed Interrogatories in this case
which were to be answered by the above-named in days or objected
to, as the rules required.
2. The above—named have not answered the Interrogatories, made
objections thereto, nor made any response whatsoever.
3. Petitioner moves this court for an order requiring the
above-named to answer to Interrogatories heretofore filed, to
pay Petitioner his expenses and costs in preparation of this
motion, to issue sanctions against Respondents and to admonish
their attorney.
4. The sanctions against Respondents for failure
to answer Interrogatories should include:
a. This Court should order that the
questions or designated facts should be taken to be established
for the
purposes of
this action;
b. This Court should refuse to allow
Respondents to oppose Petitioner’s designated claim as in
the
Interrogatories
and prohibit Respondents from introducing matters in opposition;
c. This Court should strike out these
parts of Respondents’ pleadings pertaining to the questions on
the
Interrogatories
and/or render judgment by default;
d. That Respondents should be held in
contempt of Court for failure to obey any orders of this Court.
I certify that on this date I sent
properly a copy of this pleading to opposing attorney.
Date:
______________________
_______________________
Petitioner, pro se
Address:_________________
________________________
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Notice of Appeal
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF__________________________
United States of America and Internal
Revenue Agent
} CIVIL
ACTION NO. _____
___________________________
Petitioners
NOTICE OF APPEAL
vs.
___________________________
Respondent
Notice is hereby given that Respondent above-named hereby
appeals to the United States Court of
Appeals for the __________________ Circuit, from the order dated
__________________ from
the Honorable ____________________________________U.S. District
Judge for the above
District, which required Respondent to produce certain records
to the Internal Revenue Service.
I hereby certify that on this date I have delivered or mailed to
the opposing parties, copies of this pleading, postage prepaid
and properly addressed.
Date:____________________
________________________________
Respondent, Pro Se
Address:_________________________
________________________________
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Order For Stay Pending Appeal
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THE UNITED STATES DISTRICT COURT
DISTRICT OF_______________________
United
States of America
and
Internal Revenue
Agent
}
___________________________
Petitioners
vs.
CIVIL # ____________________
___________________________
Respondents
ORDER FOR STAY PENDING
APPEAL
This matter comes before me, upon Petition of Respondent for a
stay pending appeal of the Order of the District Court which
required Respondents to deliver his records and papers to the
Internal Revenue Service.
I find that Respondent’s rights would be violated unless a
stay is granted.
Upon consideration,
IT IS ORDERED, that a stay be, and the same is hereby granted,
pending the hearing and determination of the appeal, or until
further order of the Court.
_______________________________________
United States District Judge
Date:____________
ORDER PROPOSED BY RESPONDENT
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