Time: Fri Feb 28 12:52:18 1997
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Date: Fri, 28 Feb 1997 12:46:45 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: U.S. vs. Fred Allnutt (fwd)
From: ralph@teaminfinity.com
Date: Thu, 27 Feb 1997 14:37:11 -0500
To: ralph@teaminfinity.com
Subject: U.S. vs. Fred Allnutt
http://TeamInfinity.com/bible
http://TeamInfinity.com/urls.html (updated)
http://TeamInfinity.com/~ralph/irs.audit.html <-SCATHING GAO Audit of IRS
In the below Spotlight report you will find out about Fred Allnutt, the
EXCAVATION COMPANY OWNER in Baltimore Maryland stood for truth and won.
This excellent article fails to point out several things that to the
best of my recollection need to be mentioned.
I. Fred continues to operate his EXCAVATION Firm to this
day and STILL has no SSN, requires NONE of his workers
to have one unless they want one and requires NONE of
his workers to fill out W-4s or 1099's etc.
II. To this day he does NOT collect the voluntary Maryland State
Sales Tax on material he sells BECAUSE collecting sales tax
is VOLUNTARY in the STATE of MARYLAND !! (If you collect it
you MUST remit it to the state of course, this is not a
gimmick it is the LAW, and that is all we can go on is WHAT
IS WRITTEN, otherwise we become a government of MEN and
their capricious opinions and lusts AND NOT a government of
WRITTEN LAWS.) Also the Constitution allows for sales tax on
CERTAIN and SPECIFIED ITEMS ONLY, NOT aLL ITEMS, because if
you have a sales tax on ALL items there is no regulator
mechanism, i.e. when the tax on an item becomes too high
people will stop buying it, but if ALL items are taxed then
the people become enslaved and the power of taxation cannot
be checked by the free market. This is NOT my opinion
it is in the Constitution !
III. The reason I know these things is I heard Fred himself
talk about them at the Save A Patriot Fellowship
last year in Westminister Maryland.
IV. Various so called "experts" quoted in this report MISTAKENLY
refers to Fred as a "TAX PROTESTOR" when in fact the LEGAL
definition of a TAX PROTESTOR, according to IRS statutes, is
one who protests a tax by writting something on a tax return
indicating their dislike of the tax etc. Since Fred did NOT
file any returns he could NOT very well be considered a TAX
PROTESTOR in the legal sense could he ? Again this is NOT a
gimmick, it is the LAW as WRITTEN.
V. Fred won in this trial NOT because the jury felt for him,
but rather because FRED DID NOT BREAK the LAW and finally a
jury ruled on the LAW and not the intimidation of the
government. Fred did NOT break the law because THERE IS NO
LAW requiring a citizen OR RESIDENT alien to file a 1040 or
pay a tax on income earned in the USA. See the very bottom
of this message to find out more about this.
ralph@TeamInfinity.com http://TeamInfinity.com/urls.html
THE SPOTLIGHT
"Just as serpents close their ears, so do men close their eyes to truth."
GALILEO
VOLUME XXII NUMBER 22 June 3, 1996 SINGLE COPY PRICE 85 cents
This article reprinted with permission - to request subscriptions to The
SPOTLIGHT, please call 1-800-522-6292
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Federal revenues suffered a serious setback. recently when a Baltimore,
Maryland jury acquitted a contractor of criminally interfering with the
operation of the tax collecting agency.
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Exclusive to THE SPOTLIGHT
BY THE SPOTLIGHT STAFF
On March 28, Fred W. Allnutt Sr. and his son Christopher were acquitted in
federal district court in Baltimore, Maryland of tax crimes alleged by the
Internal Revenue Service.
The IRS had charged Allnutt and his son with criminal conspiracy and
criminally attempting to prevent the IRS from carrying out its mandated duty
to assess and collect taxes.
According to published reports, Allnutt's defense team convinced the jury
the Allnutts believed they were not liable for paying the federal income
tax.
Allnutt's lawyers explained their client's victory as the inability of the
government to convince the jury the defendants did anything they themselves
believed was illegal.
"The prosecution simply did not prove its case," said defense attorney James
Lupinek. 'There was no conspiracy and no willful evasion of income taxes.
There was plenty of reasonable doubt about every element of the government's
case."
Allnutt said he is certain the IRS, the U.S. attorney's office and the
courts "colluded together to stop me from telling the truth about the IR
Code, IRS terrorism and the lawlessness that exists in our judicial system."
He, is known as an outspoken critic of the IRS, the application of tax laws
and what Allnutt calls 'their oppressive intrusion into our lives."
After an emotionally charged two week trial, the jury deliberated for three
days before returning not guilty verdicts on all charges.
PLOY BACKFIRED
Lead defense attorney Jeffrey Dickstein of Tulsa, Oklahoma, viewed the case
as a tax season compliance- promoting ploy.
"This was an IRS 'show trial' before tax season,' Dickstein added. "With a
98 percent conviction rate in tax trials, a conviction would be splashed
around by the media to scare the American people and to promote voluntary
compliance,' but the IRS lost.""
Allnutt's confrontations with the IRS began back in 1982 when he determined
that he was not required to file and informed the agency that did not intend
to file federal income tax forms for 1981. He got no answer. For three
years, nothing happened.
Then, in 1986, a correspondence between Allnutt and the IRS began.
In 1987, he received a summons from" the IRS demanding his appearance on
December 4 for a hearing. He sent a letter asking the revenuers to tell him
why, along with a Freedom of Information Act request related to applicable
tax laws.
The hearing was postponed until early in 1988. It never took place. On
February 7, 1989, Allnutt received a "notice of deficiency," but "no
indication of what kind of tax," he told The SPOTLIGHT. He petitioned the
Tax Court, which affirmed the notice and added a 75 percent penalty for
"fraud."
ATTEMPT TO SILENCE HIM
"The charges brought against Christopher and me were vindictive and
contrived by the IRS to silence me for speaking out about the illegal
actions of this infamous tax agency," Allnutt said. "The truth, is, I have
always been open about my beliefs on the income tax and have expressed them
in writing to the IRS on many occasions."
Following notices of deficiency and correspondence back and forth, in which
Allnutt asserts the IRS never explained why he should be required to file an
income tax return, and a ruling against him in the Tax Court, the IRS raided
him.
On October 5, 1992, approximately 60 armed IRS agents and others, with
bullet-proof vests and guns drawn, entered and seized the family business,
JFC Excavating. Subsequently, Allnutt filed bankruptcy.
An attorney told Allnutt the IRS would have to release the business to him
under the automatic stay statute of the bankruptcy code. However, the IRS
refused to release the property and the bankruptcy court would not order
them to return it.
"Since filing bankruptcy, I have submitted evidence to the bankruptcy court
showing that there never was a lawfully assessed tax, but the court has
ignored this evidence,' he told The SPOTLIGHT.
During the summer of 1994, Allnutt was told by several people that they had
received grand jury subpoenas seeking financial information about JFC
Excavating.
On September 12, Allnutt sent letters to both the grand jury foreman and to
Assistant U.S. Attorney Ethan Bauman who served the subpoenas, to advise
them that 'I was in on-going civil litigation with the IRS and that it was
my belief that the IRS was wrongfully seeking to persuade the grand jury
that I had committed some 'income' tax crimes under the IR Code,' he said.
Allnutt asked to be invited to testify. In May of 1995, having not received
a response to his letters, Allnutt called Bauman and asked for an
opportunity to speak before the grand jury. A date of June 6 was arranged.
Allnutt brought a written presentation with what he describes as
"exculpatory evidence' and had it placed in the record. But Allnutt was not
allowed to discuss his evidence. He was ordered to answer Bauman's questions
instead.
On March 11, 1996, Allnutt and his son went on trial in Baltimore. On March
28, they were acquitted of all charges.
Allnutt described the scene in the courtroom: 'I heard the judge mumble the
word 'unbelievable' when he looked at the verdict. I saw the prosecutors'
heads fall. I saw the crowd of IRS people, the prosecutors and others
quickly exit the courtroom after the verdict was read. I saw the judge
quickly dismiss the jury without the usual comments and abruptly leave the
bench without telling us we were free to leave."
According to expert observers, there are two possible lessons to be learned
from this case. The first is that the IRS always makes a mistake when it
seeks to criminally prosecute a "true believer", that is, someone who truly
believes he is not, for various reasons, subject to the income tax. That is
because the prosecutors must prove that the defendant "willfully" defied the
law, which they could not have done if they did not believe the law applied
to them in the first place. The second is that juries may look with more
sympathy on so-called tax protesters, whose arguments, which are many and
various, are nonetheless reflective of a growing public dislike for the IRS
specifically and income taxes in general.
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ralph@TeamInfinity.com
http://TeamInfinity.com/~ralph/code/t26.html
http://TeamInfinity.com/urls.html
This correspondence in NO WAY represents Save-A-Patriot Fellowship
(SAPF), but feel free to contact them thru Andrew C. Earp.
1-800-677-1207 ext. 1800 RALPH and ANDREW C. EARP
Andrew C. Earp is NATIONAL DIRECTOR of SEMINAR SERVICES
CALL 703-904-7770 ask for document 777
#########################################################################
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
web site: http://www.supremelaw.com : library & law school registration
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
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