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Tax activist fights contempt charges

Schiff denies disrupting federal trial in 2005

By ADRIENNE PACKER

Anti-income tax proponent Irwin Schiff's behavior during his federal trial three years ago could earn the 80-year-old felon an additional month in prison.


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U.S. District Judge Kent Dawson slapped Schiff with 15 counts of contempt of court last month and scheduled a hearing June 24.

Schiff, who was found guilty of conspiring to defraud the Internal Revenue Service, tax evasion and filing false returns, was sentenced in 2006. He is scheduled to be released in October 2016. Schiff represented himself during the trial in Dawson's courtroom.

In his orders, Dawson claims Schiff repeatedly disrupted and delayed the 2005 trial proceedings.

Dawson said that on several occasions Schiff:

• Offered leading questions intended to make the witness speculate what Schiff was thinking.

• Asked questions to elicit irrelevant testimony.

• Offered testimony while he was questioning witnesses and not under oath.

Schiff "did argue with the Court over its ruling and did engage in theatrics and did describe the actions of the Court as 'silly' after numerous warnings to desist," Dawson wrote in his order.

On Friday, Schiff, who is incarcerated in Terre Haute, Ind., asked for additional time to prepare for the hearing. In his response, Schiff requested a full transcript of the trial and denied any wrongdoing or inappropriate behavior on his part.

"For Schiff to establish the mischaracterization and unwarranted nature of the charges at issue, Schiff would need trial transcript pages showing the exact circumstances out of which the contempt charge emerged," Schiff wrote.

"Schiff, at this point, is totally at a loss to understand whether or not this is an adversarial proceeding, and, if so, who is his adversary?" he wrote.

During the trial, Schiff and his cohorts took to the radio airwaves to stir up other anti-tax proponents.

Dawson said this month that spectators at the trial would shout "objection" in the middle of proceedings, acid was poured on the vehicles of IRS agents, and court employees' tires were punctured.

Dawson was in fear of his life. For months a U.S. Marshal drove him and his wife around town and even on a trip to the mountains.

Contact reporter Adrienne Packer at apacke@reviewjournal.com or 702-384-8710.

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John E. Reardon wrote on May 19, 2009 10:15 PM: As to income taxes you really need to look @ Frank R. Bushaber v Union Pacific Railroad Co,m 240 U.S. 1, 36 S.Ct. 236. The court ruled that neither Congress or the IRS has the right to lay and collect direct taxes, which is wht the present system is, against the peoples wages/income/ salaries.
As to the Bail out, you should look @ Jones v City of Portland, 245 U.S. 217, 38 S.Ct. 112. The court ruled that the government could not tax the people to recoup money they lent to private businesses. I am sure if you research this case you can find a more newer on that deals with the U.S. goveenment.

Thanks you


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Alvis Jenkins wrote on April 16, 2009 06:54 PM: Irwin Schiff is a true patriot! Kent Dawson is a true criminal! The United District court had no jurisdiction to try Mr Schiff. The courts and the DOJ and the IRS are criminal in executing a trial without due process. Mr Schiff should be released from false imprisonment and all federal judges should be tried for treason to the Constitution.


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zeromydebtnow.com wrote on November 21, 2008 02:27 PM: Fact of the matter is... Schiff is right.. and believe it or not.. the fact that he is in jail in this case proves it.. If you had the stomach to follow his trial you would have seen countless violations of due process against him.. the man was railroaded to a prison cell because it was the only way the govt could shut him up..

IT IS DANGEROUS TO BE RIGHT WHEN THE GOVT IS WRONG.. and history will mark Schiff a patriot who gave up his freedom in exchange for truth.. what a travesty.


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Liberator wrote on June 21, 2008 12:43 PM: Well said, Voluntaryist!

As well as those who think the income tax is or is not properly legalized, this exchange has usefully revealed a third type of person: those who don't care whether it's legalized or not, but who stridently demand that everyone join them and pay it.

They can be divided into two sub-types: (i) those who earnestly believe that the Republic would tragically fall apart if it were not universally paid, and (ii) those whose minds cannot rise even to that lowly height but who just resent that they are paying it while others don't.

To the first sub-type belong, I dare say, those in the IRS who think at all (rather than just pushing paper to earn a wage) - and quite a large number of others whose peanut brains have been thoroughly washed by years of pro-government propaganda. Their notion falls apart at the very first push: assuming for the present that we need a government (we don't) and that this Republic is the optimal form of societal organization (it's not) the Feds could very easily do without the revenue they derive from the alleged income tax by simply imposing a national sales tax to steal the money going, instead of coming.

The second sub-type is harder to convince, because their peanut brains have shrunk to the size of a dried raisin - there's not much there to respond to reason. They are therefore the ideal members of society, from the government viewpoint; totally dumbed-down, true graduates of the government school system, perfect as cannon fodder and sources of menial labor. About all I can say to one of them is: you are a human being, equipped with the priceless treasure of a life. Stand up straight, and begin to behave like one.


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Voluntaryist wrote on June 20, 2008 03:02 PM: Anyone who still believes that there is any "law" making anyone liable for the "income" tax needs to visit a sanitarium. I would only add that ultimately, this fact matters little since a.) governments routinely disregard their own edicts whenever they become inconvenient for them, and b.) any government "law" is a one-sided contract, and therefore, a NON-contract. Without my consent, NO governmental law can be binding on me. And of course this is true of anyone who refuses consent. Of course, this won't stop the psychopaths and sociopaths who work in and for government from kidnapping, jailing, and/or shooting us and taking our property anyway. The very concept of government itself is nothing short of utterly barbaric insanity. It's time it ended altogether, and permanently. THAT is the only solution worthy of the name.


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Ned Netterville wrote on June 20, 2008 06:20 AM: His detractors say, "Don't listen to Schiff. He must be wrong, after all, he is in jail!" Hmmm. Now, of who else could this have been said? Let's see...Gandhi? Yes. Nelson Mandella? Yes (28 years in the slam). Lech Welesa? Yes. Martin Luther King? Yes. John McLain? Yes. Jesus of Nazareth? Yep. (But only over night. The next day they crucified him.) The primary charge against Jesus was similar to the IRS' primary charge against Schiff: "We found this man perverting our nation, forbidding us to pay taxes to Caesar!) From the Gospel of Luke, Ch. 23 vs 2. For a thorough analysis of everything Jesus said or did regarding taxes, see: http://www.jesus-on-taxes.com/


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Liberator wrote on June 19, 2008 11:27 AM: This exchange is interesting. One type of contributor insists there's no law to tax what Americans earn, while the other type points out that those who act on that belief get put in prison (and one writer would like them executed.) Can both be right?

Yes, I think they can. The second group is clearly correct, though not uniformly; a few whom the IRS got prosecuted were acquitted. But let's agree that they win most cases. However the first group is also correct, as anyone can verify; nobody, for example, has located a statute that makes anyone "liable" for an income tax, yet the IRS itself admits (Disclosure page, 1040 Instruction Book) that nobody need even file unless "liable."

Put the two together, and what do we have? - a justice system that routinely imprisons people for breaking laws that nobody can find, precisely as Dawson did to Schiff.

That is not a joke, not even a sick one. That is today's reality. That's the way it is. These realities rip to shreds the fiction that government can ever be "limited." The only remaining important question is what, if anything, can be done about it.

I for one think a lot can be done - but not, I think, by running in to a buzz saw. taxlaw.bravehost.com leads to some alternative ideas.


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John Martin wrote on June 18, 2008 02:02 PM: Let's put the author of this hit piece into the ring with the World's Heavyweight Champion boxer and have the author, with hands tied behind the back, defend herself. She would then understand Irwin Schiff's position during the farcical 'trial'.

As for RJ2's comments, the quatloos web page info is well known to be full of 'quatloos'.

Finally, the IRS has been running a deceptive (can you say FRAUD?), money-making racket basically since inception. One need only visit http://www.losthorizons.com to read the exposé of this filthy government organization, and, I might add, to see the hundreds and hundreds of refund checks sent from the Treasury Department to enlightened citizens. Income tax my @ss.


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Harley Morris wrote on June 17, 2008 10:11 PM: I can't believe some of the "PUKES" on this thread. Must be some MAGGOT IRS agents with nothing better to do. Your time is coming, so why not go out and look for some gainful employment. Hi Tally, how have you been?


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CJ wrote on June 17, 2008 03:21 PM: "Our federal tax system is, in short, utterly impossible,
utterly unjust and completely counterproductive,[it] reeks with injustice and is fundamentally un-American...it has earned a rebellion and it's time we rebelled." May 1983, Williamsburg, VA-- Ronald Reagan
1911-2004) 40th US President
United States Supreme Court
"... [the 16th Amendment] conferred no new power of taxation... [and]...
prohibited the ... power of income taxation possessed by Congress from the
beginning from being taken out of the category of indirect taxation to which itinherently belonged..."
-- United States Supreme Court
Source: Stanton v. Baltic Mining (1916)
United States Supreme Court
"To lay with one hand the power of government on the property of the
citizen, and with the other to bestow it on favored individuals...
is none the less robbery because it is... called taxation." Loan Association v. Topeka
"The Constitution prohibits any direct tax, unless in proportion to numbers as ascertained by the census..... [and] ... prohibits Congress from laying a direct tax on the revenue from property of the citizen without regard to state lines..." Pollack v. Farmers' Loan & Trust Company {157 U.S. 429


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