Subject:
Estoppel Activated against IRS and U.S. Department
of the Treasury –
there is no liability statute for taxes
imposed by IRC subtitle A
Date: March 27, 2007 A.D.
INTERVENOR'S NOTICE
OF DEFAULT, BY AFFIDAVIT;
AND,
SIXTH NOTICE AND DEMAND
FOR MANDATORY JUDICIAL NOTICE
(Tenth
Circuit #07-2017):
http://www.supremelaw.org/cc/williamson2/appeal/nad06.htm
See
item (7).
This
pleading was mailed yesterday (see PROOF
OF SERVICE).
A
second such NOTICE OF DEFAULT, BY
AFFIDAVIT
was mailed today (3/27/2007):
http://www.supremelaw.org/cc/williamson2/appeal/nad07.htm
PASS IT ON, PLEASE!
Sincerely
yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private
Attorney General, Criminal Investigator and
Federal
Witness: 18 U.S.C. 1510, 1512-13,
1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
http://www.supremelaw.org/guidelines.htm
(Client Guidelines)
All Rights Reserved without Prejudice
Our
condensed list of IRS outreach resources:
http://www.supremelaw.org/end.times.irs.forward.htm
http://www.supremelaw.org/letters/irs.perjury.jurats.htm
http://www.supremelaw.org/psta.analysis.htm
http://www.supremelaw.org/lien.or.levy.htm
http://www.supremelaw.org/notice.of.deficiency.htm
http://www.supremelaw.org/end.times.irs.cclists.htm
http://www.supremelaw.org/support.guidelines.htm
Subject:
RIP: The Federal Income Tax Officially DIED today (3/27/2007)
at 13:53:58 PDT
My
Fellow Americans:
We
bring you tidings of great joy.
That
was the date and time stamp on our Sales Receipt
from the U.S. Postal Service at downtown San
Diego,
California,
USA, at the very moment we posted this
NOTICE OF DEFAULT:
INTERVENOR'S NOTICE OF DEFAULT, BY AFFIDAVIT; AND,
SIXTH NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE
(Tenth
Circuit #07-2017) here:
http://www.supremelaw.org/cc/williamson2/appeal/nad06.htm
FINALLY, the federal income tax is officially dead.
Not
only is the U.S. Department of the Treasury legally estopped.
U.S.
DOJ attempted to appear on behalf of a Delaware corporation
which has been revoked. Therefore, the U.S. Department
of Justice is also legally estopped from enforcing IRC subtitle A
and from attempting to rebut the AFFIDAVIT above, because
the Relator in that
appeal preempted DOJ the moment Relator
appeared on behalf of the United States ex rel:
http://www.supremelaw.org/cc/williamson2/appeal/intervention.htm
It
is now the official position of the United States (federal government)
that there is no federal Statute at Large
which creates a specific liability
for income taxes imposed by subtitle A of the
Internal Revenue Code.
For
standing high Court authority, see Commissioner v. Acker:
http://www.supremelaw.org/sls/2amjur2d.htm (see Am Jur
abstract!)
Moreover,
U.S. DOJ cannot now attempt to appear on behalf
of the United States (federal government),
because
the United States is already legally
represented in that appeal:
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
IT'S OVER, LADIES AND GENTLEMEN -- FINALLY!
PLEASE TELL EVERYONE YOU KNOW THIS GOOD NEWS:
THE FEDERAL INCOME TAX OFFICIALLY DIED TODAY (3/27/2007)
AT 1:53 P.M. PACIFIC DAYLIGHT TIME.
Praise
God for all of His many blessings during the past 17 years.
Sincerely
yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private
Attorney General, Criminal Investigator and
Federal
Witness: 18 U.S.C. 1510, 1512-13,
1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
http://www.supremelaw.org/guidelines.htm
(Client Guidelines)
All Rights Reserved without Prejudice
Our
condensed list of IRS outreach resources:
http://www.supremelaw.org/end.times.irs.forward.htm
http://www.supremelaw.org/letters/irs.perjury.jurats.htm
http://www.supremelaw.org/psta.analysis.htm
http://www.supremelaw.org/lien.or.levy.htm
http://www.supremelaw.org/notice.of.deficiency.htm
http://www.supremelaw.org/end.times.irs.cclists.htm
http://www.supremelaw.org/support.guidelines.htm
>
What is the significance of all of this in regards to the IRS???
>
I'm not sure what is going on, but it sounds pretty big
>
what is happening in regards to these people not answering you.
>
I have some other communication about a Chuck Conces
>
who is having some troubles and wonder if this might be of
import
>
to what is happening to him.
Yes: this news is significant for all 300 million
Americans,
particularly as the annual April 15 tax deadline
approaches.
There
is no liability STATUTE for taxes
imposed by subtitle A
of the Internal Revenue Code: IRS tried to create that liability
with regulations instead, but it's not
legal for IRS to do that:
http://www.supremelaw.org/sls/nutshell.htm
An
administrative regulation is NOT an "Act of Congress":
http://www4.law.cornell.edu/uscode/1/101.html (defines "Act of Congress")
Regulations
are written and promulgated by Executive Branch agencies,
NOT
by the Congress of the United States i.e. the Legislative Branch.
Only
the Congress can "make federal laws":
http://www.supremelaw.org/ref/whuscons/whuscons.htm#1
EVEN
IF IRS were a de jure service or bureau within
the U.S. Department of the Treasury (which
they are not),
they would STILL not have any authority to
create a tax liability
by means of regulations published in
the Federal Register.
So,
in point of fact, IRS has been impersonating the Congress
and impersonating the
U.S. Department of the Treasury.
These
are violations of 18 USC 912 and 31 USC 333,
respectively:
http://www4.law.cornell.edu/uscode/18/912.html (felony federal offense)
http://www4.law.cornell.edu/uscode/31/333.html (civil and criminal penalties)
And,
since Treasury fell silent in response to a proper and lawful
SUBPOENA IN A CIVIL
CASE,
they were legally estopped
the moment we filed a NOTICE OF DEFAULT, BY AFFIDAVIT
at the Tenth Circuit today. Service of LEGAL MAIL is effected
on
the day it's posted.
"Estoppel" basically means that they cannot come
forward any longer, because they had their
chance,
for several years, and they couldn't
produce a STATUTE.
So, now it's O-V-E-R for them.
EVEN IF they produced a liability STATUTE tomorrow,
that STATUTE
(which doesn't exist, by the way)
can be stricken from evidence at the Tenth
Circuit
on the basis of legal estoppel. In simple language,
they cannot change their minds to the detriment
of their opposing party(s):
http://www.supremelaw.org/cc/williamson2/appeal/informal.opening.brief.htm
For
the rest of the story, study up on the topic
of "estoppel"
in any good law dictionary
e.g. "equitable estoppel"
and "collateral estoppel".
Sincerely
yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private
Attorney General, Criminal Investigator and
Federal
Witness: 18 U.S.C. 1510, 1512-13,
1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
http://www.supremelaw.org/guidelines.htm
(Client Guidelines)
All Rights Reserved without Prejudice
Our
condensed list of IRS outreach resources:
http://www.supremelaw.org/end.times.irs.forward.htm
http://www.supremelaw.org/letters/irs.perjury.jurats.htm
http://www.supremelaw.org/psta.analysis.htm
http://www.supremelaw.org/lien.or.levy.htm
http://www.supremelaw.org/notice.of.deficiency.htm
http://www.supremelaw.org/end.times.irs.cclists.htm
http://www.supremelaw.org/support.guidelines.htm
>
Mr. Mitchell are you telling me that there is no more income
tax?
Yes: pursuant to this NOTICE OF DEFAULT, BY AFFIDAVIT,
the U.S. Department of the Treasury and the
IRS are now
legally estopped, because they fell silent in response to a
lawful
SUBPOENA IN A CIVIL
CASE
for a proper liability statute:
http://supremelaw.org/cc/williamson2/appeal/nad06.htm
http://supremelaw.org/press/rels/subpoena.htm (PAST DUE & IN DEFAULT)
http://www.supremelaw.org/cc/eddings/subpoena.liability.htm
http://www.supremelaw.org/cc/williamson2/appeal/informal.opening.brief.htm
There is no LIABILITY STATUTE for taxes imposed by IRC
subtitle A.
For
high Court authority on this point, see Commissioner v. Acker,
cited in this Am Jur
abstract:
http://www.supremelaw.org/sls/2amjur2d.htm
"In
a nutshell" here's a very brief summary:
http://www.supremelaw.org/sls/nutshell.htm
The
communists who have infiltrated our State and federal governments
are coming unglued by the NOTICE OF DEFAULT, BY AFFIDAVIT above.
Too
bad for them! They're trying to enforce
a Plank in the
Communist
Manifesto, contrary to the Law in America.
They went to sea in a sieve, and now it's sinking fast.
We
are a Republic by Law, not a communist country.
Thank
you for contacting the Supreme Law Firm.
Bcc: The Internet
Sincerely
yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private
Attorney General, Criminal Investigator and
Federal
Witness: 18 U.S.C. 1510, 1512-13,
1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
http://www.supremelaw.org/guidelines.htm
(Client Guidelines)
All Rights Reserved without Prejudice
Our
condensed list of IRS outreach resources:
http://www.supremelaw.org/end.times.irs.forward.htm
http://www.supremelaw.org/letters/irs.perjury.jurats.htm
http://www.supremelaw.org/psta.analysis.htm
http://www.supremelaw.org/lien.or.levy.htm
http://www.supremelaw.org/notice.of.deficiency.htm
http://www.supremelaw.org/end.times.irs.cclists.htm
http://www.supremelaw.org/support.guidelines.htm
Date:
Sun, 25 Mar 2007 17:13:02 -0700 (PDT)
From:
Supreme Law Firm < paulandrewmitchell2004@yahoo.com>
Subject: Help w/ Commissioner of Internal Revenue
v. Acker
> I am studying closely your APPELLANTS' INFORMAL OPENING BRIEF
http://www.supremelaw.org/cc/williamson2/appeal/informal.opening.brief.htm
> in the Williamson
case and trying to understand the language referenced i.e.
> "[A]n administrative
agency may not create a criminal offense or
> any liability not
sanctioned by the lawmaking authority,
>
especially a liability for a tax or inspection
fee."
> but I am not able to
see this
> when reading Commissioner
of Internal Revenue v. Acker:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=361&invol=87
>
What am I missing here?
Will you help me understand this?
Hi
Tharon,
Good
question!
Start
here:
http://www.supremelaw.org/sls/2amjur2d.htm
And
derive three (3) key points from that Am Jur
citation
("3"
is my lucky number, remember? :)
(1) the
power of an administrative agency to make rules
does not extend to the power to make
legislation;
(2) a
regulation which is beyond the power of the agency to make is
invalid; and,
(3) an
administrative agency may not create a criminal offense or any
liability
not sanctioned by the
lawmaking authority, and specifically a liability for a tax
or inspection fee.
Now,
click on the link to Commissioner v. Acker, and study this paragraph:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=361&invol=87
[begin excerpt]
The
fact that the section contains no basis or means for the computation
of any addition to
the tax in a case where no declaration has been filed
would seem to settle the point beyond all
controversy.
If
the section had in any appropriate words conveyed the thought expressed
by the regulation it would thereby have
clearly authorized the Commissioner
to treat the taxpayer's failure to file a
declaration as the equivalent of a declaration
estimating his tax at zero and, hence, as
constituting a "substantial underestimate" of his tax.
But the section contains nothing to that effect, and, therefore,
to uphold this
addition to the tax would be to hold
that it may be imposed
by regulation,
which, of course, the
law does not permit.
United States v. Calamaro, 354 U.S. 351,
359;
Koshland v. Helvering, 298 U.S. 441, 446 -447;
Manhattan Co. v. Commissioner, 297 U.S. 129,
134.
...
The questioned regulation must therefore be regarded "as
no more than
an attempted addition to the statute of
something which is not there."
United States v. Calamaro, supra, 354
U.S., at 359.
[end excerpt]
Now,
apply what you just learned about such "over-reaching" regulations
to the specific regulation at 26 CFR
1.1-1(b):
http://www.supremelaw.org/cfr/26/26cfr1.1-1.htm#b
That
regulation attempted to create a specific liability
for federal
citizens and resident aliens to
pay income
taxes imposed by IRC subtitle A.
To
paraphrase Commissioner v. Acker now:
"IRC section 1 contains nothing like the specific
liability
provision which Congress
enacted for subtitle C
at IRC section
3403."
In other words, there is no corresponding Act of Congress
which created a specific
liability for taxes imposed by subtitle A.
The PROOF is in the silence which the former Secretary of the
Treasury exhibited in reply to this lawful SUBPOENA:
http://www.supremelaw.org/press/rels/subpoena.htm
http://www.supremelaw.org/cc/eddings/subpoena.liability.htm
"Silence
activates estoppel." Carmine v. Bowen
"Silence
can be equated with fraud." U.S.
v. Tweel
Therefore,
the regulation at 26 CFR 1.1-1 is void
for attempting to create a specific liability
without a corresponding Act of Congress:
http://www4.law.cornell.edu/uscode/1/101.html
Sincerely
yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private
Attorney General, Criminal Investigator and
Federal
Witness: 18 U.S.C. 1510, 1512-13,
1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
http://www.supremelaw.org/guidelines.htm
(Client Guidelines)
All Rights Reserved without Prejudice
Our
condensed list of IRS outreach resources:
http://www.supremelaw.org/end.times.irs.forward.htm
http://www.supremelaw.org/letters/irs.perjury.jurats.htm
http://www.supremelaw.org/psta.analysis.htm
http://www.supremelaw.org/lien.or.levy.htm
http://www.supremelaw.org/notice.of.deficiency.htm
http://www.supremelaw.org/end.times.irs.cclists.htm
http://www.supremelaw.org/support.guidelines.htm
>
Paul, this involves civil, not criminal;
>
how does that differ as far as the income tax goes?
>
Thanks Gene
No
difference, really. The USDC has no
criminal jurisdiction
whatsoever, in point of
law; this is explained further here:
http://www.supremelaw.org/sls/31answers.htm
(e.g. the federal Jury Selection and Service
Act is unconstitutional,
thus invalidating all federal grand jury
INDICTMENTS and
all federal trial jury VERDICTS against State
Citizens;
UNITED
STATES OF AMERICA is a defunct
Delaware
Corporation; etc.
ad nauseam)
Statutes
conferring original jurisdiction upon federal district courts
must be STRICTLY construed. In this context, see 18 USC 3231:
http://www4.law.cornell.edu/uscode/18/3231.html
More
importantly, the constitutionality of IRC subtitles A and F
has now been formally challenged at the Tenth
Circuit
by the United States
appearing ex rel.:
http://www.supremelaw.org/cc/williamson2/appeal/
(the United States agrees with the Williamson
Appellants!)
Subtitle
F contains ALL the enforcement provisions, e.g.
criminal penalties for tax evasion, etc.
See
further discussion of 18 USC 3231 here, in the
Williamson
Appellants' INFORMAL OPENING BRIEF:
http://www.supremelaw.org/cc/williamson2/appeal/informal.opening.brief.htm
3231
supra confers original criminal jurisdiction upon the
Article
III District Courts of the United States ("DCUS"),
NOT
upon the Article IV United States District Courts ("USDC").
Summarizing:
It's now O-V-E-R for the IRS! The
End
Bcc: The Internet (widely)
Sincerely
yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private
Attorney General, Criminal Investigator and
Federal
Witness: 18 U.S.C. 1510, 1512-13,
1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
http://www.supremelaw.org/guidelines.htm
(Client Guidelines)
All Rights Reserved without Prejudice
Our
condensed list of IRS outreach resources:
http://www.supremelaw.org/end.times.irs.forward.htm
http://www.supremelaw.org/letters/irs.perjury.jurats.htm
http://www.supremelaw.org/psta.analysis.htm
http://www.supremelaw.org/lien.or.levy.htm
http://www.supremelaw.org/notice.of.deficiency.htm
http://www.supremelaw.org/end.times.irs.cclists.htm
http://www.supremelaw.org/support.guidelines.htm
>
You demanded the U.S. Government to show by Judicial Process
> that there is a Law demanding the people to pay income tax.
> I believe the Grace period you gave
the U.S. Government to respond was 60 days.
Greetings Patrick:
Not exactly.
Here's a somewhat detailed history:
A blank SUBPOENA IN A CIVIL CASE was issued
by the Clerk of the Article III
District Court of the United
States
in Santa Ana, California, on behalf of a client of the
Supreme Law Firm.
That was the District Clerks' practice back then,
if a plaintiff or defendant requested
such a blank civil SUBPOENA.
Because our client had no immediate use for that blank
SUBPOENA, she gave it to me and, much later,
I completed that SUBPOENA on 9/14/2002 and served it
on Paul H. O'Neill, who was the Secretary of the
Treasury
at that time.
The deadline for his answer, as stated
on that SUBPOENA, was November 1,
2002:
http://www.supremelaw.org/cc/eddings/subpoena.liability.htm
About 2 months after it was served, Paul H. O'Neill was fired
by George W. Bush and, ever since then, we have been
looking and hoping for the best opportunity
to introduce
that SUBPOENA into evidence, with the
requisite
NOTICE OF DEFAULT, BY AFFIDAVIT.
You will note, on the list of recipients of that original
SUBPOENA,
that a significant diversity of
different litigants was to receive
certified copies of the requested Statute at Large:
that diversity was intended to create
qualified federal witnesses
out of all those litigants, in the
event that O'Neill either fell silent,
or complied with the SUBPOENA.
For example, we can now use formal discovery to confirm
whether or not those itemized dockets show
any record
of a written reply to that SUBPOENA
from O'Neill's office.
The Williamson appeal provided my office with a
unique
opportunity for the United States to intervene "ex rel." --
which I have now done as the "Relator" legally representing
the United States (federal
government). Having legally
perfected that intervention, we followed with
several
supporting documents, the most recent of which
included this
INTERVENOR'S NOTICE OF DEFAULT, BY AFFIDAVIT; AND,
SIXTH NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE:
http://www.supremelaw.org/cc/williamson2/appeal/nad06.htm
The SUBPOENA in question, PROOF OF SERVICE and
related documents were attached to the
latter
NOTICE OF DEFAULT, BY AFFIDAVIT.
See item (7)
and this Press Release:
http://www.supremelaw.org/press/rels/subpoena.htm
Therefore the amount of time which the Department of the
Treasury
has now allowed to pass, withOUT producing the required liability STATUTE,
extends from September 14, 2002 to March
27, 2007 -- a period spanning
approximately 4 1/2 YEARS.
We are quite confident, then, to argue that estoppel has now been activated,
pursuant to the holding in Carmine v.
Bowen (silence activates estoppel).
I hope this helps.
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, Criminal Investigator and
Federal Witness: 18 U.S.C.
1510, 1512-13, 1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
http://www.supremelaw.org/guidelines.htm
(Client Guidelines)
All Rights Reserved without Prejudice
Our condensed list of IRS outreach
resources:
http://www.supremelaw.org/end.times.irs.forward.htm
http://www.supremelaw.org/letters/irs.perjury.jurats.htm
http://www.supremelaw.org/psta.analysis.htm
http://www.supremelaw.org/lien.or.levy.htm
http://www.supremelaw.org/notice.of.deficiency.htm
http://www.supremelaw.org/end.times.irs.cclists.htm
http://www.supremelaw.org/support.guidelines.htm
Subject: PASS IT ON:
POWERS OF 10 x CONFIRMATION
>
Paul,
>
Thank You for your reply. Ray
You're very
welcome, Ray.
We were
asked how we intend to broadcast this good news.
Because the
major media have given us the deaf ear
-- for at least 17 years now, having started in 1990 --
and
because the Most High has gifted us with this
marvelous
Internet, we merely ask that you forward
this