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TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED 8. COURTS ARE CLOSED

Introduction
The Courts act in collusion with the Executive and the Legislative to perpetrate the income tax
fraud and deny the Constitutional protections of Due Process and Separation of Powers.
Findings and Conclusions
With the following series of questions, we will demonstrate that the federal courts are involved
in a conspiracy to protect and uphold the federal income tax, in violation of the laws of the
United States, the U.S. Constitution, and that these acts amount to Treason against the sovereign
People described in Article III of the Constitution and punishable by execution. We will also
show that:
Even for crimes where the punishment includes incarceration, tax defendants are
routinely denied the right to present defenses based on the Constitution.
The Courts act in collusion with the Executive and the Legislative to perpetrate the
income tax fraud.
Section Summary
Witnesses:
Irwin Schiff (National Tax Expert)
Joseph Banister (Ex. IRS Criminal Investigator)
John Turner (Ex. IRS Collection)
Transcript
Acrobat version of this section including questions and evidence (large: 5.99 Mbytes)
Further Study On Our Website:
What Happened to Justice: Why There's No Justice in Federal Court and What to Do About It (OFFSITE LINK) -
SEDM
Arguments Against Nonpublication of Court Rulings
Authorities on Jurisdiction of Federal Courts
Conflict of Interest Convictions-Antishyster News Magazine, Vol. 8, No. 1
Do Judges Lie?
Great IRS Hoax book:
m
Section 1: Introduction
m
Chapter 6: History of Federal Government Income Tax Fraud, Racketeering, and Extortion in the U.S.A.
m
Section 6.6: Judicial Conspiracy to Protect the Income Tax
Kharma and the Federal Courts
TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED
Press Clippings Related to the Use of Nonpublication by Courts
Law or Equity?
Law Articles Relating to Nonpublication
Natural Order
Nonpublication.com
Our Legal Circuls: Clowns, Dancing Bears, and Attorneys
Publication Rules of Court for the United States and Federal Circuits
Public Corruption Cases
Rebellion in the Jury
The Best Judges Money Can Buy
The Circle of Strife
The Federal Mafia Courts Stole Your Right to Trial by Jury!
The Supreme Court Scam
The Wicked Stepgovernment
Three Elements that can Render Court Rulings Invalid
U.S. Attorney Manual §1-4.000: Standards of Conduct
U.S. Attorney Manual §9-20.000: Maritime, Territorial, and Indian Jurisdiction
8.1. Admit that
26 U.S.C. § 7203 imposes a penalty for the crime of
willful failure to file a tax return. (WTP #232)
Click here for 26 U.S.C. §7203 (WTP Exhibit 150)
8.2. Admit that Congress enacted
26 U.S.C. § 7203 in August, 1954. (See
26 U.S.C. § 7203, credits and historical
notes.) (WTP #233)
Click here for 26 U.S.C. §7203 notes (WTP Exhibit 150)
8.3. Admit that the United States Supreme Court in
South Dakota v. Yankton Sioux Tribe, 522 U.S. 329 (1998) stated:
(WTP #234)
"[w]e assume that Congress is aware of existing law when it passes legislation."
Click here for South Dakota v. Yankton Sioux Tribe, 522 U.S. 329 (1998)
Click here for South Dakota v. Yankton Sioux Tribe, 522 U.S. 329 (1998) (WTP Exhibit 151)
8.4. Admit that Congress enacted
44 U.S.C. § 3512 in 1980. (WTP #235)
Click here for 44 U.S.C. §3512 (WTP Exhibit 152)
8.5. Admit that
44 U.S.C. § 3512 states that: (WTP #236)
(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to
comply with a collection of information that is subject to this subchapter if--
(1) the collection of information does not display a valid control
number assigned by the Director in accordance with this subchapter; or
TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED
(2) the agency fails to inform the person who is to respond to
the collection of information that such person is not required to
respond to the collection of information unless it displays a valid control number.
(b) The protection provided by this section may be raised in the form of a complete defense, bar, or
otherwise at any time during the agency administrative process or judicial action applicable thereto.
Click here for 44 U.S.C. §3512 (WTP Exhibit 152)
8.6. Admit that United States Supreme Court Chief Judge Taney in 1863 protested the constitutionality of the income
tax as applied to him. (WTP #237)
Click here for Evans v. Gore, 253 U.S. 245 (1920) (WTP Exhibit 153)
8.7. Admit that United States District Court Judge Walter Evans, in 1919 protested the constitutionality of the income
tax as applied to him. (WTP #238)
Click here for Evans v. Gore, 253 U.S. 245 (1920) (WTP Exhibit 153)
8.8. Admit that United States Circuit Court Judge Joseph W. Woodrough in 1936 protested the constitutionality of the
income tax as applied to him. (WTP #239)
Click here for O'Malley v. Woodrough, 307 U.S. 277 (1939) (WTP Exhibit 154)
8.9. Admit that United States District Court Judge Terry J. Hatter and other federal court judges in the 1980s protested
the constitutionality of taxes as applied to them. (See
United States v. Hatter
, 121 S.Ct 1782 (2001) (WTP #240)
Click here for United States v. Hatter, 121 S.Ct 1782 (2001) (WTP Exhibit 155)
8.10. Admit that even in criminal cases where a loss of freedom can be the result, American citizens who are not judges
are precluded by the federal judiciary, and with the express approval and consent of the Department of Justice and U.S.
Attorney, from arguing the constitutionality of the income tax as applied to them. (WTP #241)
Click here to see U.S. v. Farber, 630 F.2d 569, 573, (8th Cir. 1980) (WTP Exhibit 156)
8.11. Admit that the Executive and Judicial branches of the federal government label Americans who challenge the
legality of the federal income tax as "tax protesters." (WTP #242)
Click here to see Department of Justice Criminal Tax Manual, "Tax Protester" Section 40) (WTP Exhibit
157)
8.12. Admit that United States Supreme Court Chief Judge Taney submitted his protest in a letter to the Secretary of the
Treasury. (WTP #243)
Click here for Evans v. Gore, 253 U.S. 245 (1920) (WTP Exhibit 153)
8.13. Admit that letters of protest written to the Secretary of the Treasury by American Citizens are used by the
Executive branch of government, and accepted by the Judicial branch of government, as proof of income tax evasion
and conspiracy against those who write the letters. (WTP #244)
8.14. Admit that if an individual required to make a return under
Section 6012(a) of the Internal Revenue Code fails to
TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED
make the required return, the statutory procedure authorized by Congress for the determination of the amount of tax due
is the "deficiency" procedure set forth at subchapter B of Chapter 63 of the Internal Revenue Code, commencing at
Section 6211. (WTP #255)
Click here for 26 U.S.C. §63 (WTP Exhibit 086)
Click here for 26 U.S.C. §6012 (WTP Exhibit 020)
Click here for 26 U.S.C. §6211 (WTP Exhibit 159)
8.15. Admit that if an individual required to make a return under
Section 6012(a) of the Internal Revenue Code fails to
make the required return, Congress mandated at
Section 6212 that the individual is required to be served a "notice of
deficiency" setting forth the amount of tax imposed by Subtitle A of the Internal Revenue Code per
Section 6211 of the
Internal Revenue Code. (WTP #256)
Click here for 26 U.S.C. §6012 (WTP Exhibit 020)
Click here for 26 U.S.C. §6211 (WTP Exhibit 159)
Click here for 26 U.S.C. §6212 (WTP Exhibit 160)
QUESTIONS ADDED BY AUTHOR BEYOND ORIGINAL WE THE PEOPLE HEARING
8.16. Admit that the Internal Revenue Service maintains records on Federal Judges under Treasury/IRS System of
Records 46.002.
Click here for Privacy Act of 1974 Resource Document #6372
8.17. Admit that
28 U.S.C. §455 makes it illegal for federal judges to hear a case involving conflict of interest on their
part.
Click here for 28 U.S.C. §455
8.18. Admit that most federal judges pay federal income taxes.
8.19. Admit
Article 3, Section 1, Clause 1 of the U.S. Constitution requires that salaries of federal judges shall not be
diminished while they are in office..
Click here for Article 3, Section 1, Clause 1 of the U.S. Constitution
8.20. Admit that nonpayment or underpayment of federal income taxes by federal judges could result in diminishment
of their salaries because of levy by the IRS..
8.21 Admit that the IRS is part of the Executive Branch of the federal government.
8.22. Admit "political audits" and targeted collection activity covertly or overtly directed by the President of Members
of Congress in the Executive Branch could reasonably result in diminishment of the salaries of federal judges through
levy or garnishment, and could be used as a weapon to coerce judges in certain cases before them related to income
taxes.
TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED
8.23. Admit that the "political harassment" of judges described in the previous question using the power of the IRS
would violate
Article 3, Section 1, Clause 1 of the Constitution and
28 U.S.C. §455 by creating a conflict of interest.
8.24. Admit that the "political harassment" of federal judges by the IRS in the Executive Branch violates the Separation
of Powers Doctrine but nevertheless quite reasonably could happen.
8.25. Admit that few federal judges allow any questions about their own level of conflict of interest to be entertained
openly in court after the jury has been selected and in front of the jury, including questions about their experiences with
the IRS and whether they are currently the target of collection activity.
8.26. Admit that for judges who have conflicts of interest in adjudication of tax-related cases before them, the
techniques they might use to influence the case could for their personal benefit or the benefit of the government include
the following:
Issuance of the judge of a
protective order against the alleged "
taxpayer" seeking information or discovery
against the IRS
Suppression of evidence of IRS wrongdoing submitted to the court by the targeted "taxpayer"
Ordering the "taxpayer" not to talk about the law in front of jurists on the case
Censorship and screening of opening and closing statements or anything said by alleged "
taxpayer" in front of
jury
Nonpublication of the court transcript.
Nonpublication of the final judgment so that it may not be cited as precedent.
8.27. Admit that the conflicts of interest described in question 8.26 above all fall under the classification of suppressing
or hiding the truth, which amounts to conspiracy to obstruct or conceal wrongdoing, which is identified in
John 3:16-21
as a sin, by stating:
"For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him
should not perish, but have everlasting life. For God sent not his Son into the world to condemn the
world; but that the world through him might be saved. He that believeth on him is not condemned: but
he that believeth not is condemned already, because he hath not believed in the name of the only
begotten Son of God. And
this is the condemnation, that light is come into the world, and
men loved darkness rather than light, because their deeds were evil. For every one
that doeth evil hateth the light, neither cometh to the light, lest his deeds should be
reproved. But he that doeth truth cometh to the light, that his deeds may be made
manifest, that they are wrought in God.
" [Bible, KJV, John 3:16-21]
Click here for Bible, John 3:16-21
8.28. Admit that the
Seventh Amendment of the U.S. Constitution requires a jury trial for "Suits at common law, where
the value in controversy shall exceed twenty dollars".
Click here for the Seventh Amendment to the U.S. Constitution
8.29. Admit that the
U.S. Tax Court
does not
permit jury trials.
Click here for the Mathes v. C.I.R., 576 F.2d 70
TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED
8.30. Admit that according to the U.S. Supreme Court in
Downes v. Bidwell, 182 U.S. 244 (1901), Congress may not
pass legislation that retracts or circumvents the operation of the Constitution or the Bill of Rights within a state of the
Union of states that is part of the United States of America. In particular, the statement of the court supporting this
conclusion is as follows:
The Constitution had attached to it [the land, in this case] irrevocably.
There are steps which
can never be taken backward
.
The tie that bound the states of Maryland and Virginia to the
Constitution could not be dissolved, without at least the consent of the Federal and state
governments to a formal separation. The mere cession of the District of Columbia to the Federal
government relinquished the authority of the states, but it did not take it out of the United States
or from under the aegis of the Constitution. Neither party had ever consented to that
construction of the cession.
If, before the District was set off, Congress had passed an
unconstitutional act affecting its inhabitants, it would have been void.
[
Downes v. Bidwell
, 182
U.S. 244 (1901) ]
Click here for Downes v. Bidwell, 182 U.S. 244 (1901)
8.31. Admit that
28 U.S.C. §2201 prohibits the federal courts from making declaratory judgments about rights or status
in the context of federal income taxes. In particular, it states:
"
28 U.S.C. §2201 Creation of Remedy
(a)
In a case of actual controversy within its jurisdiction,
except
with respect to Federal taxes
other than actions brought under section 7428 of the Internal Revenue Code
of 1986
, a
proceeding under section 505 or 1146 of title 11, or in any civil action involving an antidumping or
countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country
(as defined in section 516A(f)(10) of the Tariff Act of 1930), as determined by the administering
authority,
any court of the United States, upon the filing of an appropriate pleading, may declare
the rights and other legal relations of any interested party seeking such declaration
, whether or
not further relief is or could be sought. Any such declaration shall have the force and effect of a final
judgment or decree and shall be reviewable as such."
Click here for 28 U.S.C. §2201
8.32. Admit that the "rights and other legal relations" the
U.S. supreme Court is referring to includes the
Bill of Rights
of the U.S. Constitution.
Click here for Great IRS Hoax, section 5.2.5
8.33. Admit that the prohibition of Congress against legislating away the operation of the
U.S. Constitution
does not
apply
on federal properties coming under Article 1, Section 8, Clause 17 of the U.S. Constitution that have never been
covered by the Constitution.
Click here for Article 1, Section 8, Clause 17 of the U.S. Constitution
8.34. Admit that because Congress cannot legislate away the operation of the
Constitution in the 50 states (that is, in
other than federal enclaves within these states), the
only
geographic jurisdiction that federal income tax cases can
mandatorily
(by the force of law, rather than by ignorant citizens volunteering) be applied by the courts within these
states is federal areas or enclaves, which shall be referred to subsequently as the "federal zone".
TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED
Click here for Great IRS Hoax, section 4.8
8.35. Admit that Thomas Jefferson, one of our founding fathers and author of our
Declaration of Independence, said of
the following about the powers of juries and the right of juries to
judge the law as well as the facts
:
"It is left... to the juries, if they think the permanent judges are under any bias whatever in any cause,
to take on themselves to judge the law as well as the fact. They never exercise this power but when
they suspect partiality in the judges; and by the exercise of this power they have been the firmest
bulwarks of English liberty." --Thomas Jefferson to Abbe Arnoux, 1789. ME 7:423, Papers 15:283
"If the question before [the magistrates] be a question of law only, they decide on it themselves: but if
it be of fact, or of fact and law combined, it must be referred to a jury. In the latter case of a
combination of law and fact, it is usual for the jurors to decide the fact and to refer the law arising on
it to the decision of the judges. But this division of the subject lies with their discretion only. And if the
question relate to any point of public liberty, or if it be one of those in which the judges may be
suspected of bias, the jury undertake to decide both law and fact. If they be mistaken, a decision
against right which is casual only is less dangerous to the state and less afflicting to the loser than one
which makes part of a regular and uniform system." --Thomas Jefferson: Notes on Virginia Q.XIV,
1782. ME 2:179
"The juries [are] our judges of all fact, and of law when they choose it." --Thomas Jefferson to Samuel
Kercheval, 1816. ME 15:35
"We all know that permanent judges acquire an esprit de corps; that, being known, they are liable to
be tempted by bribery; that they are misled by favor, by relationship, by a spirit of party, by a devotion
to the executive or legislative; that it is better to leave a cause to the decision of cross and pile than to
that of a judge biased to one side; and that the opinion of twelve honest jurymen gives still a better
hope of right than cross and pile does." --Thomas Jefferson to Abbe Arnoux, 1789. ME 7:423, Papers
15:283
Click here for Cites
8.36. Admit that Thomas Jefferson, one of our founding fathers and author of our
Declaration of Independence, said of
the following about the ability of the judicial branch and judges in general to undermine and destroy our Republican
system of government:
"At the establishment of our Constitutions, the judiciary bodies were supposed to be the most helpless
and harmless members of the government. Experience, however, soon showed in what way they were
to become the most dangerous; that the insufficiency of the means provided for their removal gave
them a freehold and irresponsibility in office; that their decisions, seeming to concern individual
suitors only, pass silent and unheeded by the public at large; that these decisions nevertheless become
law by precedent, sapping by little and little the foundations of the Constitution and working its
change by construction before any one has perceived that that invisible and helpless worm has been
busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured
against all liability to account." --Thomas Jefferson to A. Coray, 1823. ME 15:486
"This member of the government... has proved that the power of declaring what the law is,
ad libitum
,
by sapping and mining, slyly, and without alarm, the foundations of the Constitution, can do what
open force would not dare to attempt." --Thomas Jefferson to Edward Livingston, 1825. ME 16:114
"I do not charge the judges with wilful and ill-intentioned error; but honest error must be arrested
TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED
where its toleration leads to public ruin. As for the safety of society, we commit honest maniacs to
Bedlam; so judges should be withdrawn from their bench whose erroneous biases are leading us to
dissolution. It may, indeed, injure them in fame or in fortune; but it saves the republic, which is the
first and supreme law." --Thomas Jefferson: Autobiography, 1821. ME 1:122
"If, indeed, a judge goes against the law so grossly, so palpably, as no imputable degree of folly can
account for, and nothing but corruption, malice or wilful wrong can explain, and especially if
circumstances prove such motives, he may be punished for the corruption, the malice, the wilful
wrong; but not for the error: nor is he liable to action by the party grieved. And our form of
government constituting its respective functionaries judges of the law which is to guide their
decisions, places all within the same reason, under the safeguard of the same rule." --Thomas
Jefferson: Batture at New Orleans, 1812. ME 18:130
"One single object... [will merit] the endless gratitude of society: that of restraining the judges from
usurping legislation. And with no body of men is this restraint more wanting than with the judges of
what is commonly called our General Government, but what I call our foreign department." --Thomas
Jefferson to Edward Livingston, 1825. ME 16:113
Click here for Cites
8.37. Admit that Thomas Jefferson, one of our founding fathers and author of our
Declaration of Independence, said of
the following about judicial independence and the importance of a moral and ethical and accountable judiciary:
"The judiciary... is a body which, if rendered independent and kept strictly to their own department,
merits great confidence for their learning and integrity." --Thomas Jefferson to James Madison, 1789.
ME 7:309
"The judges... should always be men of learning and experience in the laws, of exemplary morals,
great patience, calmness and attention; their minds should not be distracted with jarring interests; they
should not be dependent upon any man or body of men. To these ends they should hold estates for life
in their offices, or, in other words, their commissions should be during good behavior, and their
salaries ascertained and established by law." --Thomas Jefferson to George Wythe, 1776. ME 4:259,
Papers 1:410
"The dignity and stability of government in all its branches, the morals of the people and every
blessing of society depend so much upon an upright and skillful administration of justice, that the
judicial power ought to be distinct from both the legislative and executive and independent upon both,
that so it may be a check upon both, as both should be checks upon that." --Thomas Jefferson to
George Wythe, 1776. Papers 1:410
"The Constitution of the United States having divided the powers of government into three branches,
legislative, executive, and judiciary, and deposited each with a separate body of magistracy,
forbidding either to interfere in the department of the other, the executive are not at liberty to
intermeddle in [a] question [that] must be ultimately decided by the Supreme Court." --Thomas
Jefferson to Charles Hellstedt, 1791. ME 8:126
"It will be said, that [a federal] court may encroach on the jurisdiction of the State courts. It may. But
there will be a power, to wit, Congress, to watch and restrain them. But place the same authority in
Congress itself, and there will be no power above them, to perform the same office. They will restrain
within due bounds, a jurisdiction exercised by others, much more rigorously than if exercised by
themselves." --Thomas Jefferson to James Madison, 1787. ME 6:133
TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED
Click here for Cites
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Last revision: January 08, 2007 06:41 AM
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