“Not Without A Court Order”

WTP Commences “Project Luther”

In 1517, Martin Luther nailed his “95 Theses of Contention” to the front door of the Castle Church in Wittenberg, Germany.

This single, bold gesture openly challenged the doctrine of the Catholic Church and set off an unforeseen chain of events which came to be known as the “Reformation.” The effects of Luther's action that day would forever alter Western Civilization's perception of the authority of the Church – and in practical terms, call into question the very authority of the state.
 

Luther was consequently summoned to appear before a tribunal of the church-state hierarchy, and was ordered to recant his damaging assertions. In response he uttered, “Unless I am convinced by proofs from Scriptures or by plain and clear reasons and arguments, I can and will not retract, for it is neither safe nor wise to do anything against conscience. Here I stand. I can do no other. God help me. Amen.”

Several years later, Luther went on to translate and publish the first non-Greek-Latin version of the New Testament, enabling average Europeans, for the first time, to study and comprehend the “hidden mysteries” of the Church.

It's time to take a page from Luther's book.

It's time to challenge IRS doctrine by posting a message on its front doors,

“NO MORE PERSONAL AND PRIVATE PROPERTY
WITHOUT A COURT ORDER.”

On Tuesday, February 2nd, Bob Schulz, Chairman of the We The People Foundation, taped a copy of last week’s Court of Appeals decision in Schulz v. IRS (Case No. 04-0196-cv) to the front door of his local IRS office in Queensbury, NY. The document was accompanied by the WTP press release regarding the court's ruling.

As Luther did before him, Bob notified the local newspaper beforehand. The paper sent a reporter to photograph the event and interview Schulz about the meaning of the Court of Appeals decision. The Court held that no one can be forced to turn over personal and private property to the IRS without a court order.

 

As we reported earlier this week, Schulz received a landmark decision from the Second Circuit Court of
Appeals that effectively nullifies key enforcement provisions of the Internal Revenue Code (Section 7604).
The Court found that absent a federal court order, IRS does not have any authority to enforce an administrative action from their agency. In short, the Appeals Court held, “No personal or private property without a court order.”

Quoting from the Appellate decision in Schulz v. IRS:

“...absent an effort to seek enforcement through a federal court, IRS summonses apply
no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order…[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so refusing.” (emphasis added)

Although the matter before the court involved a Motion to Quash an IRS administrative Summons, the Appellate Court's ruling addressed (and clarified) several Due Process issues that  arise as a direct result of the IRS’s routine, day-to-day administration of the Internal Revenue Code (i.e., liens, levies, property seizures, wage garnishments, bank-account seizures, etc.). This ruling answers questions about the boundaries of the authority IRS actually possesses when it demands information or property without a court order from a federal district court.



“Project Luther” Begins

In the interest of individual liberty, Bob and the We The People Foundation urge people everywhere to tape a printed copy of the Court’s decision to the front door of their local IRS office, along with a copy of the Foundation’s press release, and to notify the local news outlets of the day and time they intend to do so.

Our objective is to educate the body politic, including the folks working for the IRS, about this landmark court ruling. People everywhere need to know how to respond when the IRS demands their books and records, or their Social Security money, or their paychecks or the money in their banks accounts. They need to know to say, “NO. Not without a court order.”

No longer should any American live in fear that the IRS can order him to appear before their tribunals and produce their private papers without judicial review, or fear that their home, wages or bank accounts can be summarily stolen from them by the stroke of an IRS agent's pen.

Here's what you can do:

Contact your local newspaper. Ask for the local news desk. Let them know that a federal Court of Appeals has ruled that the IRS can no longer use force against any tax payer without a court order. Let the paper know when you will be taping a copy of the Court’s order to the front door of the local IRS office. Let the paper know that they can read the Court’s order and a press release about it at www.GiveMeLiberty.org. Tell them briefly about the basis of this important story and explain why this is newsworthy for their local readers.

Focus on these essential facts:

A. This is NOT opinion. This is a ruling from the U.S. Court of Appeals.

B. IRS MUST HAVE A COURT ORDER – PERIOD.

C. You will, in the tradition of Martin Luther, be posting NOTICE of this Court Order at the local IRS office and that you are inviting the paper to use this as a local “photo-opportunity.”

D. Challenge the newspaper to contact IRS for their official response about the decision. Ask the reporter to ask IRS to explain, how given this court ruling, IRS can legally seize a bank account or a worker's wages, without a court order.

D. Give them the specific TIME, DATE and LOCATION that you will post the
documents on the face of the IRS building.

E. Provide your name and contact info. Provide a cell number so you can coordinate at the location if necessary.

F. Provide our website as a location for more information, www.GiveMeLiberty.org

Whether they show any interest or not, FAX or SEND them a them a copy of both the
decision and the WTP Press Release.

The links to download the Court of Appeals decision
and the WTP Press Release are at the bottom of this article

If they want to interview you, be forthright, to the point, and do not go beyond the written statements of WTP as found in the press release. Feel free to elaborate with your own personal experiences.

If you are uncomfortable with being interviewed, or they need information or details you do not have, refer them to the WTP home office phone number, 518-656-3578 or have them e-mail us at bob@GiveMeLibertry.org.

Please remember, we are urging people to respond to every letter and directive they receive from the IRS – we are urging people and businesses alike to ask the IRS, “Where is your court order? Under what lawful authority must I comply with your administrative request?”

When the date arrives, call to confirm the event with the reporter assigned to the story. Make sure he confirms w/ their photographer.

At the IRS office, please follow these guidelines:

A. DO NOT interfere with or otherwise confront or argue with anyone.

B. DO NOT use anything but “scotch tape” to affix the documents to the door

C. There is NO need to go inside the IRS office.

D.  If anyone objects to your posting the Order, then stop. Hand the person a copy of the order if he/she will accept it.

E. BRING A FRIEND WITH A CAMERA. Take your own pictures.

Even if the newspaper shows no interest, post your Notice anyway.

After your event, send your digital pictures to Bob@GiveMeLiberty.org or
regular photos by mail to WTP ( 2458 Ridge Road, Queensbury, NY 12804).

Be sure to provide a digital copy of any story the newspaper runs and any details about the event that you would like to convey. We will publish these on our website for all to see.

Thanks for helping with “Project Luther.”

Reminder: Your Support Is Needed

Although many have begun to respond to our calls for assistance so that the Foundation can meet our financial commitments and undertake the support activities associated with the landmark Right-to-Petition lawsuit, we have far, far to go to reach the level of funding necessary to meet our objectives and execute our plan to secure justice and restore our Natural Rights.

We would again ask those that can help us -- however modestly -- to consider the value of our ongoing, and successful work, in the contexts of both your personal liberty and the liberty of our nation. Your generous, and ongoing support IS needed to finance the enormous, and necessary endeavors that we have committed to.

Please consider making a substantial one-time donation, and further committing to an ongoing, monthly investment so that our organization has the resources required to complete this ambitious, and historical undertaking.

You have our sincerest Thanks and gratitude.

Click Here to make a one-time or monthly donation using our secured, highly-encrypted on-line donation  system. Instructions and resources can be found on that page for those that wish to complete their donations by postal mail or other means. All donations to the 501(c)3 tax-exempt Foundation are tax deductible.



For the Second Circuit’s Decision,

Click Here to access the decision in printable Adobe .pdf format (45 KB)

Due to high numbers of requests to our server, we recommend
that you RIGHT-CLICK to download Adobe format documents to
your hard drive BEFORE attempting to open them.

If you need the FREE Adobe Reader software, go to www.Adobe.com

For the WTP Press Release,  

Click Here to PREVIEW the press release in .html format

RIGHT-CLICK here to download the press release in printable Adobe .pdf format (436 KB)

STORY RELATED LINKS:

Read the court-ordered December 2004, DOJ Memorandum-Brief
where DOJ (in order to defeat Schulz's lawsuit) argues that
IRS Summons have NO authority unless the Summons
are enforced in federal district court.

Read Schulz's reply to the court countering
DOJ's assertions.

Listen to the oral arguments made before the Second Circuit Court of Appeals



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