FC: Update on PayNoIncomeTax.com muzzled by IRS, federal judge

[Declan McCullagh <declan () well com>]

Here's a report from the National Law Journal:
http://www.nlj.com/special/042803book.shtml

And a previous Politech message:
http://www.politechbot.com/p-04607.html

-Declan

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Date: Wed, 07 May 2003 00:59:47 -0700
Subject: Irwin Schiff PRESS RELEASE 1st Amendment Book-Banning Case
From: Cindy Neun <c.smith () artaftermidnight com>
To: <declan () well com>

NEWS RELEASE NEWS RELEASE NEWS RELEASE


FOR IMMEDIATE RELEASE
Sunday, May 04, 2003

FOR MORE INFORMATION

Call Irwin Schiff (Freedom Books) 702-385-6920 or, 702-457-4851

www.// paynoincometax.com




 NATIONAL ORGANIZATIONS JOIN IN OPPOSING BANNING BOOK


NOW SELLING FOR $100-$300 ON E-BAY



The temporary restraining order issued by Senior U. S. District Judge Lloyd 
George on  March 19, 2003 enjoining Irwin Schiff from selling his $38.00 
book The Federal Mafia: How the Government Illegally Imposes and Unlawfully 
Collects Income Taxes, And How Americans Can Fight Back has resulted in 
that book being sold from $100 to $300 on E-Bay. In addition four national 
organizations joined the ACLUs Post Hearing Brief filed on May 1, 2003, 
opposing the Federal governments attempt to ban Schiffs book. They are: 
the Association of American Publishers, the American Booksellers Foundation 
for Free Expression, the Freedom to Read Foundation of the American Library 
Association, and the PEN American Center.  The PEN American Center is a 
professional association of over 2,600 literary writers (poets, 
playwrights, essayists, editors, and novelists) that promotes literature 
and seeks to protect free expression by mobilizing the literary community 
to defend the First Amendment whenever it comes under attack, as is the 
case here.



As incredible as it sounds, in order for the Government to justify banning 
The Federal Mafia, it had to claim it was not really a book at all, but an 
abusive tax shelter.That claim was nonsense for a variety of reasons, two 
of them being: 1) all  tax shelters(be they abusive or non-abusive) are 
designed to generate deductions so as to lower the tax due.  Zeroreturn 
filers, as explained in Schiffs book, take no deductions at all, so, 
obviously, no shelteris involved.  Secondly, zeroreturn filers claim 
they receive no taxable incomeat all (and support that claim with 10 
Supreme Court cases), therefore, Schiff argued to Senior U. S. District 
Judge Lloyd George,  Why would I sell, and my informed readers buy, an 
entity, plan, or arrangementto shelter incomethey know they dont 
have?Schiff even attached to his Brief copies of refund checks received by 
zeroreturn filers.  One check, received by Las Vegan, Calvin P. Border 
(now known as 41 K Cal) was for $41, 276.54, and represented a full 
refund of all the income taxes he paid for 5 years, including $6,880.84 in 
interest. In addition, Schiff attached checks totaling over $61,000 
received by a zerofiler for the years 1998 and 1999, which 
included  $2,140.97 in interest.



Schiff pointed out in his own Post Hearing Brief, The Government wants to 
ban The Federal Mafia because it does not want the public to find out that 
it doesnt need an entity, plan or arrangementto shield their 
incomefrom taxation because their incomeis automatically shielded from 
taxation merely based on the provisions of the law itself. And the 
Government does not want the public to know this, and to know how 
individuals can file a totally truthful and legitimate income tax return - 
in under 10 minutes - which allows them to avoid paying a tax (which no law 
requires them to pay anyway) while providing them with a substantial amount 
of protection from the kinds of illegal, criminal prosecutions that the 
Justice Department brings against others who file traditional returns or 
who file no returns at all.



At the Preliminary Injunction hearing held on April 11, 2003, Schiffs 
three witnesses (thats all the Judge would allow Schiff to put on, though 
he was prepared to call others) testified that they did not buy an entity, 
plan, or arrangementfrom Schiff, but his book merely led them to the 
lawwhich convinced them that: 1) no law made them liablefor income 
taxes; 2) no law required them to payincome taxes; and 3) they had no 
incomethat was legally taxable. Schiff asked two of his witnesses Would 
go back to paying income taxes, if, on cross-examination, the Government 
showed you a law that made you liablefor income taxes?and both witnesses 
said, Yes.However, U.S. Attorney, Evan J. Davis did not show them any 
such law on cross- examination, though he was now duty bound, Schiff 
claims, to do so. Nor did he challenge their testimony in any way.  Indeed, 
the Government did not put on one witness of its own, or cross-examine 
Schiff or any of his witnesses on any basis, though Schiff repeatedly asked 
him to do so.  Therefore, Schiff asked Judge George in his brief, Since 
the Government did not put on one witness of its own who testified about 
anything, nor challenge any of the testimony of any defense witness 
(including Schiff) & why did the Government bother showing up for the 
preliminary hearing?  Now, you can hear this incredible, 3 hour hearing 
in its entirety on Schiffs website paynoincometax.com.



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