Paul Andrew Mitchell, B.A., M.S.

Private Attorney General

c/o 40960 California Oaks Road

Box 281

Murrieta 92562

CALIFORNIA, USA

 

In Propriae Personae

 

All Rights Reserved

without Prejudice

 

 

 

 

District Court of the United States

 

Central Judicial District of California

 

Southern Division

 

The People of California      )  No. SA CV 02-0382 GLT(ANx)

ex relatione                  )

Gayle Bybee et al.,           )

                              )

          Plaintiffs,         )

     v.                       )

                              )

Andrew Erath et al.,          )

                              )

          Defendants.         )

------------------------------)

United States                 )  APPLICATION FOR ORDER DISSOLVING

ex relatione                  )  THE INTERNAL REVENUE SERVICE:

Paul Andrew Mitchell,         )  18 U.S.C. 1964(a);

                              )  Lanham Act, Section 43(a);  and,

          Intervenor.         )  Sherman Act (1890):

______________________________)  Lawful Jury Demanded.

COMES NOW the United States (hereinafter “Intervenor”) ex relatione Paul Andrew Mitchell, Citizen of ONE OF the United States of America, qualified Federal Witness and Private Attorney General (hereinafter “Relator”), to petition this honorable Court for a prompt ORDER permanently dissolving the Internal Revenue Service (“IRS”) pursuant to the authority conferred upon this Court by 18 U.S.C. 1964(a), by the Lanham Act, and by the Sherman Act, and to provide formal written Notice to all interested party(s) of same.


INCORPORATION OF EVIDENTIARY DOCUMENT

For the convenience of this honorable Court, and to minimize Relator’s mounting clerical and postage expenses, the United States refers this Court to the following Internet URL and incorporates same by reference, as if set forth fully here, to wit:

 

http://www.ustreas.gov/irs/ci/tax_fraud/docnonfilers.htm

If this Court should so order, the United States will oblige by serving certified hard copies of the above document on all interested parties and on the Clerk of this Court.  See PROOF OF SERVICE infra.

In a section headed by the phrase “Just the Facts:” [sic], the above document makes the following false statement:

 

The Internal Revenue Service (IRS) was established on July 1, 1862, by an act of Congress.

 

[bold emphasis added]

The United States contests this statement, in part by reference to footnote 23 in the published opinion of the U.S. Supreme Court in Chrysler Corp. v. Brown, 441 U.S. 281, fn. 23 (1979).

The United States hereinafter relies upon said footnote formally to refute the false statement quoted above.

Moreover, no one should be punished unnecessarily for relying upon the decisions of the U.S. Supreme Court.  U.S. v. Mason, 412 U.S. 391, 399-400 (1973).  Relator’s research corroborates footnote 23.

The formal record now before this Court leaves absolutely no doubt that the IRS was never created by any Act of Congress.  Specifically, on July 9, 1953, Secretary of the Treasury G. K. Humphrey changed the name of the Bureau of the Internal Revenue (“BIR”) to “Internal Revenue Service” when he signed what is now Treasury Order 150-06.  This was his infamous “flick of the pen.”

 

ALL SIMILAR STATEMENTS FALSELY DESIGNATE THE

TRUE ORIGINS OF THE INTERNAL REVENUE SERVICE

Pursuant to the Commerce Clause and the Lanham Act at 60 Stat. 440 (uncodified at 15 U.S.C. 1121), this honorable Court also has original jurisdiction to adjudicate regulation of interstate commerce, and to enjoin and sanction any and all of the following:

 

(1)           false designations of the origins of the tradenames and trademarks of articles and organizations operating in interstate commerce;

 

(2)  false and misleading descriptions of fact in connection with the tradenames and trademarks of articles and organizations operating in commerce;  and,

 

(3)           false and misleading representations of fact in connection with the tradenames and trademarks of articles and organizations operating in commerce.

 

This Court is also authorized by the Lanham Act to impose a sanction of treble (triple) damages against the IRS and its principals, for its deliberately false designations of its own origins, for its deliberately false and misleading descriptions of fact, and for its deliberately false and misleading representations of fact in connection with the administration of the federal income tax throughout the United States of America, the District of Columbia, U.S. Possessions and Territories, and all federal enclaves.

One legislative intent of the Lanham Act is to protect the public from false designations of origin, from false and misleading descriptions of fact, and from false and misleading representations of fact in matters of interstate commerce.  See Follett v. Arbor House Publishing Co., 497 F.Supp 304, 313, 208 USPQ 604, for example.

There is no question that the IRS is engaged in interstate commerce.  See all Agreements on Coordination of Tax Administration as consummated with the taxing agencies of the 50 States, for example.

 

AS AN ALIAS FOR TRUST #62 IN PUERTO RICO,

IRS ALSO VIOLATES THE SHERMAN ANTITRUST ACT

The verified record now before this honorable Court, and numerous other State and federal courts, makes it very clear that the IRS, as we know it today, is actually an alias for Trust #62.  See 31 U.S.C. 1321(a)(62).  This trust is presently domiciled in Puerto Rico, under color of the former Federal Alcohol Administration (“FAA”).

In the present context the following paragraph is a crucial point of fact that remains unrebutted by IRS officials and the Congress:

 

FAA becomes BIR
 

Under the Reorganization Plan Number 3 of 1940 which appears at 5 United States Code Service, Section 903, the Federal Alcohol Administration, and offices of members and Administrator thereof, were abolished and their functions directed to be administered under direction and supervision of the Secretary of the Treasury through the Bureau of Internal Revenue.  We found this history in all of the older editions of 27 U.S.C.S., Section 201.  It has been removed from current editions.  Only two Bureaus of Internal Revenue have ever existed:  one in the Philippines and another in Puerto Rico.  Events that have transpired tell us that the Federal Alcohol Administration was absorbed by the Puerto Rico Trust #62.

 

[“BATF/IRS ‑‑ Criminal Fraud,” by William Cooper]

[Veritas, Issue Number 6, September 1995]

The United States argues that the prohibited monopoly practices systematically inflicted upon the American People by the IRS do blatantly violate the Sherman Antitrust Act, calling for appropriate judicial review, immediate oversight and timely relief from the concomitant restraint of trade.  See Attachment “A” infra.

As a threshold matter, IRS Agreements on Coordination of Tax Administration (“ACTA”) were consummated without the competitive bidding that is a legal requirement for service contracts issued by the governments of the several States.  IRS is a monopoly enterprise.

Those ACTA agreements are also demonstrably fraudulent.

The United States argues and hereby offers to prove that ACTA agreements falsely designate IRS as an agency of the U.S. Department of the Treasury.  In Section 2 entitled “Definitions” in the IRS template for its ACTA agreements, yet another false statement is made:

 

The term “IRS” means the Internal Revenue Service, U.S. Department of Treasury.

 

[bold emphasis added]

See 5 U.S.C. 551(1)(C), in chief, and the following Internet URL:

 

http://www.supremelaw.org/rsrc/acta/30455c.htm#template

(If this Court should so order, the United States will oblige by serving certified hard copies of the above document on all interested parties and on the Clerk of this Court.  See PROOF OF SERVICE infra.)

It necessarily follows that IRS is perpetrating, under color of official right, a variety of monstrous monopoly practices that are expressly prohibited by the Sherman Act of 1890, as amended.

The Sherman Act also confers original jurisdiction upon this honorable District Court of the United States (“DCUS”).  See the detailed elaboration of this point at the following Internet URL:

 

http://www.supremelaw.org/cc/microsoft/index.htm

(If this Court should so order, the United States will oblige by serving certified hard copies of the above referenced documents on all interested parties and on the Clerk of this Court.)

See Sherman Act, 26 Stat. 209 (1890),  36 Stat. 1167 (1911);  and 62 Stat. 909 (1948).  This DCUS does enjoy original jurisdiction.

All guarantees of the U.S. Constitution were expressly extended into the District of Columbia in 1871 and all federal Territories in 1873.  See 16 Stat. 419, 426, Sec. 34;  18 Stat. 325, 333, Sec. 1891, respectively.  The Downes Doctrine is, therefore, ultra vires.

 

IRS IS A CRIMINAL EXTORTION RACKET

The United States hereby formally offers to prove that sufficient evidence has now been amassed to charge all IRS employees, but particularly its leadership and its accessories within the federal government, with multiple counts of the following federal offenses:

 

(1)  commission of a felony during the ten (10) years prior to and including June 1, 2002 A.D., by attempting and conspiring to obstruct, delay, and affect commerce and the movement of articles and commodities in commerce by means of extortion, specifically by obtaining property from the American People with Their consent induced by wrongful use of actual or threatened force, violence or fear, and under color of official right, all in violation of 18 U.S.C. 1951(a);

 

(2)  commission of a felony during the ten (10) years prior to and including June 1, 2002 A.D., by directly and indirectly acquiring and/or maintaining, through a pattern of racketeering activity, an interest in, and/or control of, an enterprise which is engaged in, and the activities of which affect, interstate commerce, all in violation of 18 U.S.C. 1962(b);

 

(3)  commission of a felony during the ten (10) years prior to and including June 1, 2002 A.D., by associating with an enterprise engaged in, and the activities of which affect, interstate commerce, and by directly and indirectly conducting and/or participating in the conduct of such enterprise's affairs through a pattern of racketeering activity, all in violation of 18 U.S.C. 1962(c);  and,

 

(4)  commission of a felony during the ten (10) years prior to and including June 1, 2002 A.D., by conspiring to engage in a pattern of racketeering activity, all in violation of 18 U.S.C. 1962(d).

 

See 18 U.S.C. 1961 et seq. for other pertinent RICO laws.

The federal RICO statutes also authorize treble (triple) damages to encourage private attorneys general to dissolve rackets:

 

Both statutes [RICO and Clayton Act] bring to bear the pressure of “private attorneys general” on a serious national problem for which public prosecutorial resources are deemed inadequate;  the mechanism chosen to reach the objective in both the Clayton Act and RICO is the carrot of treble damages.

 

[Agency Holding Corp. v. Malley-Duff & Associates]

[107 S.Ct. 2759, 483 U.S. 143, 151 (1987)]

[bold emphasis added]

 

INCORPORATION OF ATTACHED DOCUMENTS

The United States hereby attaches a true and correct copy of the Press Release entitled “Let’s Dismantle IRS:  This Racket is Busted,” by Paul Andrew Mitchell, Relator in the instant case, and incorporates same by reference to Attachment “A” infra, as if set forth fully here.  See Internet URL:

 

http://www.supremelaw.org/press/rels/dismantle.irs.htm

All URL’s listed at the end of Attachment “A” are also incorporated.

 

REMEDIES REQUESTED

All premises having been duly considered, Intervenor respectfully petitions this honorable District Court of the United States (“DCUS”), Central Judicial District of California, Southern Division, for:

 

(1)  an ORDER liberally construing the RICO laws and permanently dissolving the RICO enterprise known as the Internal Revenue Service, pursuant to the original jurisdiction conferred upon this Court by the federal statute at 18 U.S.C. 1964(a), for its systematic, deliberate and premeditated historical violations of the Racketeer‑Influenced and Corrupt Organizations Act (“RICO”), the Lanham Act first enacted in the year 1946 A.D., and also the Sherman Antitrust Act first enacted in the year 1890 A.D.;  and,

(2)  all other relief which this honorable Court deems just and proper, under the full range of relevant historical circumstances which have occasioned the instant application, including but not limited to court-ordered sanctions calculated to multiply seven‑fold the actual damages caused by the IRS and its responsible principals (i.e., actual + 3X RICO + 3X Lanham Act).

Respondeat superior.  Vicarious liability is actionable here.

 

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).  See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land throughout America).

 

 

Dated:   June 1, 2002 A.D.

 

 

Signed:  /s/ Paul Andrew Mitchell

         ______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General


 

PROOF OF SERVICE

I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):

 

APPLICATION FOR ORDER DISSOLVING

THE INTERNAL REVENUE SERVICE:

18 U.S.C. 1964(a);

Lanham Act, Section 43(a);  and,

Sherman Act (1890):

Lawful Jury Demanded

 

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

 

Clerk of Court (3x)

District Court of the United States

Central Judicial District of California

Southern Division

411 West Fourth Street, Room 1-053

Santa Ana 92701-4516

CALIFORNIA, USA

 

Gayle Bybee

c/o Marcia J. Brewer

300 Corporate Pointe, Suite 330

Culver City 90230

CALIFORNIA, USA

 

Carla Figaro

21213-B Hawthorne Blvd., #5361

Torrance 90503

CALIFORNIA, USA

 

Nora Moore

8400 Edinger Avenue, Apt. #Z-106

Huntington Beach 92647

CALIFORNIA, USA

 

Denise Ricca-White

4805 Glenhaven Drive

Oceanside 92056

CALIFORNIA, USA

 

Andrew Erath

c/o Office of Regional Inspector

Internal Revenue Service

P.O. Box 6238

Laguna Niguel 92607

CALIFORNIA, USA

 

Erik Newberry

c/o Office of Regional Inspector

Internal Revenue Service

P.O. Box 6238

Laguna Niguel 92607

CALIFORNIA, USA

 

Matthew Finney

c/o Office of Regional Inspector

Internal Revenue Service

P.O. Box 6238

Laguna Niguel 92607

CALIFORNIA, USA

 

Office of the Chief Counsel

Internal Revenue Service

c/o 24000 Avila Road, #3314

Laguna Niguel 92607

CALIFORNIA, USA

 

John S. Gordon

U.S. Department of Justice

c/o 1200 United States Courthouse

312 North Spring Street

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Alicia Villarreal

U.S. Department of Justice

c/o 1300 United States Courthouse

312 North Spring Street

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Brian Hershman

U.S. Department of Justice

c/o 1300 United States Courthouse

312 North Spring Street

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Ronald L. Cheng

U.S. Department of Justice

c/o 1300 United States Courthouse

312 North Spring Street

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Lawrence S. Middleton

U.S. Department of Justice

c/o 1200 United States Courthouse

312 North Spring Street

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Robert I. Lester

U.S. Department of Justice

Federal Building, Room 7516

300 North Los Angeles Street

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Leon W. Weidman

U.S. Department of Justice

Federal Building, Room 7516

300 North Los Angeles Street

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Dean D. Pregerson

United States District Court

312 North Spring St., Courtroom 3

Los Angeles 90012‑4797

CALIFORNIA, USA

 

John A. Chambers

Courtroom Clerk

United States District Court

312 North Spring St., Courtroom 3

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Beth Zaccaro

Court Reporter

United States District Court

312 North Spring St., Courtroom 3

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Gregory Nicolaysen, Esquire [sic]

dba Federal Criminal Defense Attorney

16000 Ventura Boulevard, Suite 500

Encino 91436

CALIFORNIA, USA

 

Teresa Giordano

Quality Paralegal Services

c/o 40960 California Oaks Road, Box 281

Murrieta 92562

CALIFORNIA, USA

 

 

Courtesy Copies to:

 

Article I:

 

Representative Ron Paul                   Legislative Branch

U.S. House of Representatives

Washington 20515

DISTRICT OF COLUMBIA, USA

 

Article II:

 

Office of the President                   Chief Executive Officer:

The White House                           Executive Branch

1600 Pennsylvania Avenue

Washington 20500

DISTRICT OF COLUMBIA, USA

 

United States Marshals Service            Law Enforcement:

411 West Fourth Street                    Executive Branch

Santa Ana 92701-4516

CALIFORNIA, USA

 

United States Marshals Service            Law Enforcement:

312 North Spring Street                   Executive Branch

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Article III:

 

Judge Florence-Marie Cooper               District Court:

c/o Alicia Mason, Court Clerk             Judicial Branch

255 E. Temple St., 750 Roybal Bldg.

Los Angeles 90012‑4797

CALIFORNIA, USA

 

Judge Alex Kozinski (supervising)         Circuit Court:

Ninth Circuit Court of Appeals            Judicial Branch

P.O. Box 91510

Pasadena 91109-1510

CALIFORNIA, USA

 

Chief Justice William H. Rehnquist        Supreme Court:

Supreme Court of the United States        Judicial Branch

One First Street, N.E.

Washington 20543-0001

DISTRICT OF COLUMBIA, USA

 

 

[See USPS Publication #221 for addressing instructions.]

 

 

Dated:   June 4, 2002 A.D.

 

 

Signed:  /s/ Paul Andrew Mitchell

         ______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General


 

 

 

 

 

 

 

 

 

 

Attachment “A”:

 

“Let’s Dismantle IRS:

This Racket is Busted”

 

http://www.supremelaw.org/press/rels/dismantle.irs.htm

 

by

 

Paul Andrew Mitchell

Private Attorney General

and Qualified Federal Witness

 

All Rights Reserved without Prejudice