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Bob Schulz, the
plaintiff, is head of We the People,
an organization that has taken separate legal action against the
federal government for its failure to answer a "petition for
redress of grievances" regarding the income tax. Though the
court affirmed a lower court decision in favor of the IRS, saying
Schulz's motion to quash an IRS summons lacked "subject
matter," it used the ruling as a means to clarify the
agency's power under 26 U.S.C. Section 7604.
The appeals court
decision of Jan. 25 stated the federal courts protect taxpayers
from an "overreaching" IRS and that the agency must go
through the federal courts before force can be applied on anyone
to turn over personal and private property to the IRS. Absent a
federal court order, the IRS summons amounts simply to a
"request," the court ruled, which can be ignored.
A statement on the
group's website went on to say: "Without declaring provisions
of the code unconstitutional on their face, the court, in effect,
nullified key enforcement provisions of the Internal Revenue Code,
stripping the IRS of much of its power to compel compliance with
its administrative demands for personal and private
property."
We the People
claims the court decision will benefit the organization's
class-action lawsuit against the IRS.
States the group: "The court
has expressly recognized that the IRS, as has been asserted in the
right-to-petition lawsuit, routinely violates people's due process
rights in their day-to-day administrative practices. As such, the
findings of the Second Circuit firmly establish for the District
Court the substance of the causes of action put forth in our
right-to-petition lawsuit."
Schulz's lawsuit stemmed from an
IRS summons served on him in relation to an investigation. He
claims the summons was a direct infringement on his First
Amendment rights. (WorldNetDaily.com)
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