Time: Thu Jun 26 05:32:32 1997
by primenet.com (8.8.5/8.8.5) with ESMTP id QAA05773;
Wed, 25 Jun 1997 16:15:15 -0700 (MST)
Date: Wed, 25 Jun 1997 19:14:59 -0400
Originator: heritage-l@gate.net
From: Paul Andrew Mitchell [address in tool bar]
To: pmitch@primenet.com
Subject: SLS: IRC Liability Statutes, FOIA answer from IRS
Here's my analysis, line by line.
At 10:31 AM 6/25/97 -0500, you wrote:
>Paul:
>To borrow a line from the movie, "Michael"...........BATTLE!!
<snip>
>
>----------
>> From: Paul Andrew Mitchell [address in tool bar]
>> To: Recipient list suppressed
>> Subject: SLS: IRC Liability Statutes, FOIA answer from IRS
>> Date: Wednesday, June 25, 1997 9:43 AM
>>
>> [This text is formatted in Courier 11, non-proportional spacing.]
>>
>>
>> Department of the Treasury
>> Internal Revenue Service
>> Washington, D.C. 20224
>>
>>
>> Mr. Paul Andrew Mitchell Person to Contact:
>> 2509 N. Campbell, #1776 Barry Windheim
>> Tucson, AZ 85719 [sic] Telephone Number:
>> (202) 622-6250
>> Refer Reply to:
>> 96-2349
>> Date: OCT 30 1996
>> Dear Mr. Mitchell:
>>
>> This is in response to your Freedom of Information
>> request dated August 31, 1996, requesting certified copies
>> of all liability statutes presently enacted in the Internal
>> Revenue Code.
The FOIA requires an answer within 10 working days.
Two months are bigger than 10 working days.
(The big hand is on the 12, and the little hand
is on the 5.)
>>
>> One of the FOIA's requirements is that requesters
>> sufficiently identify the records solicited in order to
>> locate them.
In other words, they don't know where the
liability statutes are either, so we have
to direct them exactly to each and every
one of them. Is that it? Probably!
How will I direct them, if I can't find them
either?
CATCHA-22! CATCHA-22!! (use Italian accent here)
To the extent you are seeking records which
>> establish the authority of the Internal Revenue Service to
>> assess, enforce and collect taxes, please be advised of the
>> following.
To the extent they think I am seeking
such records, they are wrong. I did
not ask for any such records. I asked
for the liability statutes, pure and
simple. They are easily found for
petroleum, alcohol, tobacco, firearms.
Why not for the federal income tax?
Because they don't exist, that's why!
Confer at "liability" in the Index to
the Internal Revenue Code -- any Index
will do.
The Sixteenth Amendment to the Constitution
>> authorized Congress to impose an income tax.
Wrong. See People v. Boxer,
California Supreme Court,
case number S-030016,
December 1992. Boxer fell
silent, activating estoppel
by acquiescence.
Congress did
>> so in the Internal Revenue Code, which may be found in Title
>> 26 of the United States Code.
Not so. The IRC and Title 26
are not one and the same.
Title 26 has never been enacted
into positive law, so it is
only prima facie evidence of
the statutes in question, not
conclusive evidence of the
statutes in question.
The Internal Revenue Code is
>> administered by the Internal Revenue Service and may be
>> responsive to portions of your request.
Great. I will submit my next FOIA request
directly to the Internal Revenue Code.
Is she male, or is he female?
Dear Ms/Mr/Mrs/Miss Internal Revenue Code (pick one):
The Code is
>> available at many bookstores and public libraries throughout
>> the country.
That may be so, but those people
are NOT subject to the FOIA,
unless they are being paid under
color of federal territorial
jurisdiction, contrary to the
Tenth Amendment. Maybe I should
submit my FOIA to them, to see
how they handle this Tenth Amendment
question.
Hint: try to locate 31 CFR 51.2 and 52.2;
happy hunting!
>>
>> In addition, copies of the Federal Register which
>> contain Federal regulations, and copies of the Congressional
>> Record which contain Federal laws may be obtained from the
>> Superintendent of Documents, U.S. Government Printing
>> Office, Washington, D.C. 20402.
And so you are telling me that THESE people
will be able to tell me where the liability
statutes are, when the IRS cannot? This is
truly amazing, really! Maybe Hillary knows.
I'll bet she does, but she just ain't talkin'
these days.
>>
>> Though the Freedom of Information Act is designed to
>> give the public the greatest possible access to existing
>> government records,
Ya! That was my impression too.
it does not require us to do research or
>> answer questions in response to a request.
Opening a book is research for these guys, evidently.
FOIA does not impose a requirement to do research.
Ergo, they cannot be compelled to open any books,
in order to answer a simple question. More truly
amazings!
It is suggested
>> that you perform the legal research needed to reasonably
>> identify the documents you need to address your concerns.
Now, there is a great idea.
Only thing is: I already have,
and I submitted my FOIA request
because I was unable to find them.
Surely, IRS would know, wouldn't they?
Wouldn't they .... ????
Hmmmmmmm.
How long should I continue to search
for something which does not exist?
"To the farthest reaches of the
known Universe," says Margaret Richardson
(just joking here -- again!)
"But, Margaret. Let's be real.
The Distant Galaxy Cluster is 18 BILLION
light years away. We don't have enough fuel."
>> Once you have made your determinations, we will be happy to
>> search our files to locate these documents, if they exist,
>> and respond accordingly.
You mean, you will be happy, for once?
If you search your files again, is it not
re-search? I am confused here.
"IF they exist?" What if they do NOT exist?
What then????
>>
>> Sincerely,
>> /s/ Carroll Field for
>> Mark L. Zolton
>> Tax Law Specialist
>> Freedom of Information
>>
>> # # #
>>
>>
>> Paul Mitchell comments:
>>
>> I didn't find any mention of a single liability
>> statute in the above, after reading it three times.
>>
>> Enough is enough!
>>
>> /s/ Paul Mitchell
>> http://www.supremelaw.com
>>
>>
>> ========================================================================
>> Paul Andrew Mitchell : Counselor at Law, federal witness
>> B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
>>
>> tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
>> email: [address in tool bar] : using Eudora Pro 3.0.2 on 586 CPU
>> website: http://www.supremelaw.com : visit the Supreme Law Library now
>> ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
>> Tucson, Arizona state : state zone, not the federal zone
>> Postal Zone 85719/tdc : USPS delays first class w/o this
>>
>> As agents of the Most High, we came here to establish justice. We shall
>> not leave, until our mission is accomplished and justice reigns eternal.
>> ========================================================================
>> [This text formatted on-screen in Courier 11, non-proportional spacing.]
>
>
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email: [address in tool bar] : using Eudora Pro 3.0.2 on 586 CPU
website: http://www.supremelaw.com : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
[This text formatted on-screen in Courier 11, non-proportional spacing.]
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