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Title: GREAT VICTORY OVER IRS - Tom Cryer - The prosecution could not state any law making the average American liable for the income tax
Source: Liberty Post
URL Source: http://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=193689
Published: Jul 12, 2007
Author: D Wornock
Post Date: 2007-07-12 00:17:47 by Uncle Bill
Keywords: Abolish, The, IRS
Views: 11167
Comments: 62

Today at about 5:30 PM Attorney Tom Cryer was found not guilty to all charges of willful failure to file by the jury in Federal District Court, Shreveport LA. I attended the 2-1/2 day trial. The judge assisted the prosecution in every way possible, and the prosecution lied claiming there is a law requiring most Americans to file. However, the jury saw through the lies and believed Tom Cryer.

The prosecution could not state any law making the average American liable for the income tax. All the prosecution could point out was rulings by two lower courts. However, as Tom Cryer stated The lower courts cannot overturn the Supreme Court and Tom Cryer stated numerous Supreme Court Ruling that conflicted with the IRS version of the law.


The Brilliant Tom Cryer:

Cryer’s strategy is to have the indictment dismissed on the merits of his constitutional and statutory arguments. He has filed an approximately 100-page motion that can be described in one word – “brilliant.”

UPDATES


How to Keep 100% of Your Earnings

America: From Freedom To Fascism

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Begin Trace Mode for Comment # 57.

#4. To: Uncle Bill (#0)

Now we can all stop paying our income taxes. Great! Spread the word!

RickyJ  posted on  2007-07-12   1:17:27 ET  Reply   Untrace   Trace   Private Reply  


#5. To: RickyJ (#4)

Now we can all stop paying our income taxes. Great! Spread the word!

LOL! Little late for me.... I stopped 30 years ago!

richard9151  posted on  2007-07-12   1:36:20 ET  Reply   Untrace   Trace   Private Reply  


#7. To: richard9151 (#5)

The Lie-Free Zone

Click HERE to read this free copy of the 104 page memorandum Mr. Cryer filed explaining the law and the reasons the Constitution makes your paycheck exempt.

Uncle Bill  posted on  2007-07-12   1:51:09 ET  Reply   Untrace   Trace   Private Reply  


#39. To: Uncle Bill (#7)

Click HERE to read this free copy

I would love to read that, but the link is dead!

richard9151  posted on  2007-07-12   17:49:26 ET  Reply   Untrace   Trace   Private Reply  


#40. To: richard9151 (#39)

Tom Cryer's site is down due to unbelievable traffic volume, or the one world government banking cabal has shut it down. It will be back up though. His site, and that link were working fine last night.

"An act of the Congress of the United States ... which assumes powers ... not delegated by the Constitution, is not law, but is altogether void and of no force."

Thomas Jefferson: Draft Kentucky Resolutions, 1798. ME 17:383.

"Moreover, states must be prepared to cede some sovereignty to world bodies if the international system is to function. ..challenging one of sovereignty’s fundamental principles: the ability to control what crosses borders in either direction. Globalisation thus implies that sovereignty is not only becoming weaker in reality, but that it needs to become weaker. States would be wise to weaken sovereignty in order to protect themselves, because they cannot insulate themselves from what goes on elsewhere. Sovereignty is no longer a sanctuary."
Richard N. Haass, President, Council on Foreign Relations(CFR), Sovereignty and globalisation


"The burden of debt is as destructive to freedom as subjugation by conquest."
Benjamin Franklin

SECRETS OF THE FEDERAL RESERVE
On September 30, 1941, before the same Committee, Governor Eccles was asked by Representative Patman:

"How did you get the money to buy those two billion dollars worth of Government securities in 1933?

ECCLES: We created it.

MR. PATMAN: Out of what?

ECCLES: Out of the right to issue credit money.

MR. PATMAN: And there is nothing behind it, is there, except our Government’s credit?

ECCLES: That is what our money system is. If there were no debts in our money system, there wouldn’t be any money."

On June 17, 1942, Governor Eccles was interrogated by Mr. Dewey.

ECCLES: "I mean the Federal Reserve, when it carries out an open market operation, that is, if it purchases Government securities in the 167 open market, it puts new money into the hands of the banks which creates idle deposits.

DEWEY: There are no excess reserves to use for this purpose?

ECCLES: Whenever the Federal Reserve System buys Government securities in the open market, or buys them direct from the Treasury, either one, that is what it does.

DEWEY: What are you going to use to buy them with? You are going to create credit?

ECCLES: That is all we have ever done. That is the way the Federal Reserve System operates.

The Federal Reserve System creates money. It is a bank of issue."

At the House Hearing of 1947, Mr. Kolburn asked Mr. Eccles:

"What do you mean by monetization of the public debt?

ECCLES: I mean the bank creating money by the purchase of Government securities. All is created by debt--either private or public debt.

FLETCHER: Chairman Eccles, when do you think there is a possibility of returning to a free and open market, instead of this pegged and artificially controlled financial market we now have?

ECCLES: Never. Not in your lifetime or mine."

Uncle Bill  posted on  2007-07-12   18:26:20 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#41. To: Government Shills (#40)

kisses and hugs.

"As of late we seem to be auditing only poor people," said IRS agent Jennifer Long. "The current IRS management does not believe anyone in this country can possibly live on less than $20,000 a year, insisting that anyone below that level must be cheating by understating their true income.

"Currently, in a typical case assigned for audit, there are no assets, no signs of wealth, no evidence that would support a suspicion of higher unreported income. So when the IRS does initiate an audit on these people, these individuals were already only one short step away from being on the street," Long continued.

"I can personally attest to the use of egregious tactics used by IRS revenue agents which are encouraged by members of the IRS management," Long said. "These tactics, which appear nowhere in the IRS manual, are used to extract unfairly assessed taxes from taxpayers, literally ruining families lives and businesses, all unnecessarily and sometimes illegally."

Uncle Bill  posted on  2007-07-12   19:07:04 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#44. To: Uncle Bill (#41)

In 1968, Tax Protestor Gordon Kahl stopped filing IRS 1040 Income Tax Returns. For 9 years thereafter, the IRS ignored him, but in 1977 after Gordon Kahl spoke on an evening radio talk show regarding the illicitness of the income tax, some 250 phone calls would come into the radio station over the next two days; either supporting Kahl in some aspect, or pledging never to file another tax return.

And with that, the IRS came down on Kahl like a ton of bricks. They quickly assembled a case against him and two weeks later threw a criminal prosecution against him for violating Title 26, Section 7203 ["Willful Failure to File"]. Gordon Kahl was a low-income farmer not even meeting minimal statutory standards for threshold income levels achieved before being required to file 1040s, but that was not about to stop the IRS, who is good at changing the facts by creating facts.

murdering b*st*rds

christine  posted on  2007-07-12   19:39:17 ET  Reply   Untrace   Trace   Private Reply  


#47. To: christine (#44)

Tom Cryer NOT GUILTY! IRS fails again

8-)

Uncle Bill  posted on  2007-07-12   20:05:58 ET  Reply   Untrace   Trace   Private Reply  


#48. To: christine (#47)

Jury Poster

Uncle Bill  posted on  2007-07-12   22:48:34 ET  Reply   Untrace   Trace   Private Reply  


#50. To: Uncle Bill (#48)

unfortunately, most jurors are rocks.

christine  posted on  2007-07-12   22:56:18 ET  Reply   Untrace   Trace   Private Reply  


#52. To: christine (#50)

Here's a nice, neat package. Tax Policy and the U.S. Constitution


"Those numbers are pie in the sky. The books are cooked routinely year after year,"
Franklin C. Spinney - Department of Defense Analyst. Discussing accounting gimmicks at the Pentagon. Source


Pentagon Missing 2.3 Trillion

Video – Interview with Karen Kwiatkowski

Uncle Bill  posted on  2007-07-13   1:23:37 ET  Reply   Untrace   Trace   Private Reply  


#54. To: christine (#52)

I wish this was on your site, so everyone would see it everyday.

"Against the insidious wiles of foreign influence the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. ..Real Patriots, who may resist the intrigues of the favorite (nation), are liable to become suspected and odious; while its tools and dupes usurp the applause and confidence of the people, to surrender their interests...The Great rule of conduct for us, in regard to foreign Nations is in extending our commercial relations to have with them as little political connection as possible...So likewise, a passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others which is apt doubly to injure the nation making the concessions; by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld. And it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favorite nation), facility to betray or sacrifice the interests of their own country, without odium, sometimes even with popularity; gilding, with the appearances of a virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation. As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot."
George Washington - Washington's Farewell Address.

Uncle Bill  posted on  2007-07-13   2:13:39 ET  (3 images) Reply   Untrace   Trace   Private Reply  


#55. To: christine (#54)

WHAT IS TAXED

Uncle Bill  posted on  2007-07-13   2:29:07 ET  Reply   Untrace   Trace   Private Reply  


#56. To: christine, All (#55)

"Live" With Tom Cryer, Larry Becraft, Ed and Elaine On RBN


31 Questions and Answers about the Internal Revenue Service,/font>


1040 Checkmate


What is “income”?


BRUSHABER v. UNION PACIFIC R. CO., 240 U.S. 1 (1916)


Former IRS agent goes to court to defend the tax law as written, not as imagined


What is "income"? Answer: decidedly NOT everything that "comes in" (aka "gross receipts")


Tennessee man found not guilty of tax charges

Larry Becraft, lead counsel

In an amazing court case involving the "income tax," a Chattanooga jury agreed with the argument by the defendant that the "income tax" is actually an excise tax and only applies to certain classes of people.

Nationally prominent attorney Lowell Becraft of Huntsville, Alabama, assisted by attorney Russell J. Leonard of Sewanee, Tennessee, who defended Lloyd R. Long of Decherd, Tennessee, who was charged by the Internal Revenue Service with "willful failure to file income tax returns" for the years 1989 and 1990.

In presenting the case for the IRS, assistant U.S. Attorney Curtis Collier, assisted by Special Agent Michael Geasley of the IRS, declared that Mr. Long had gross income in excess of $49,000 for each of the years 1989 and 1990, and that he had "willfully" failed to file income tax returns for those years as "required by law."

The defense admitted that Mr. Long did in fact have income in excess of $49,000 for each of the years in question and that he did not file a return. He then proceeded to prove to the jury beyond a reasonable doubt that he was not "liable" for an income tax, nor was he "required by law" to file.

Defense testimony presented a case titled Brushaber v. Union Pacific Railroad, 240 U.S. 1, wherein it was the unanimous decision of the U.S. Supreme Court that the Sixteenth Amendment did not give Congress any new power to tax any new subjects. It merely tried to simplify the way in which the tax was imposed. It also showed that the income tax was in fact an excise tax on corporate privileges and privileged occupations.

The defense then brought out a case entitled Flint v. Stone Tracy, 220 U.S. 107, wherein an excise tax was defined as a tax being laid upon the manufacture, sale and consumption of commodities within the country upon licenses to pursue certain occupations and upon corporate privileges.

Mr. Long's attorneys also brought out a case entitled Simms v. Arehns, cite omitted, wherein the court ruled that the income tax was neither a property tax nor a tax upon occupations of common right, but was an excise tax.

The defense then brought out a case entitled Redfield v. Fisher, cite omitted, wherein the court ruled that the individual, unlike the corporation, cannot be taxed for the mere privilege of existing but that the individual's right to live and own property was a natural right upon which an excise tax cannot be imposed. Defense also pointed to a couple of studies done by the Congressional Research Service that shows the income tax is an excise tax.

Next, defense pointed out that in the Tennessee Supreme Court Case Jack Cole v. Commissioner, cite omitted, the court ruled that citizens are entitled by right to income or earnings and that could not be taxed as a privilege. And, in another Tennessee Supreme Court Case, Corn v. Fort, cite omitted, the court ruled that individuals have a right to combine their activities as partnerships and that this is a natural right, independent and antecedent of government.

The prosecution did not challenge or attempt to refute any of the cases cited or the conclusions of the courts.

Defense brought out in testimony the fact that nowhere in the Internal Revenue Code was anyone actually made liable for the income tax. They showed that in the IRS' own privacy act notice only three sections were cited and that none of these sections made anyone liable for the tax. They also proved that this was not an oversight by showing that the alcohol tax was worded so clearly that no one could misinterpret who was made liable for the alcohol tax.

Prosecution did not challenge or attempt to refute this point, nor were they able to show a statute that made anyone liable for the income tax.

Defense then presented the mission statement of the IRS stating that the income tax relied upon "voluntary compliance" and a statement from the head of alcohol and tobacco tax division of the IRS which in essence showed that the income tax is 100% voluntary, as opposed to the alcohol tax which is 100% enforced.

Mr. Long stated that in 1988 he knew that the income tax was in fact an excise tax and that he was not enjoying any corporate privileges nor engaged in any privileged occupation, that income or earnings from the exercise of common right could not be taxed as an excise or otherwise, that nowhere in the IR Code was he made liable for the tax and that the income tax was voluntary. But, Mr. Long was still so intimidated by the IRS that he filed and paid his voluntary assessment.

He then began a series of letters to the IRS explaining that he had no licenses or privileges issued to him by the federal government. He asked for direct answers to simple questions such as "Am I required to file federal income tax returns?" and "Am I liable for federal income taxes?" The IRS never gave a direct answer to any of his questions. Instead, they inferred and insinuated and extrapolated and beat around the bush and generally avoided answering. As a result, Mr. Long testified that he decided to stop "volunteering."

The IRS brought two "expert" witnesses. Both were actually IRS employees who had received training as professional witnesses. Upon cross-examination by Mr. Becraft, one witness stated that a secret code known only to the IRS and encoded on Mr. Long's permanent record [Note: This is the IMF, Individual Master File], showed that the IRS knew he was not required to mail or file a return. The witness made every effort to avoid this admission, to the point that she was beginning to frustrate the jury. The other witness, upon cross- examination by Mr. Becraft, gave testimony that conflicted with the privacy act notice.

The government also attempted to insinuate "guilt by association" in that they claimed Mr. Long had known and replied upon persons of questionable character. The argued that the writers of some of the books he read and people he knew had been convicted of tax-related charges in the past and were, in fact, criminals.

Mr. Long responded that just because a person had been convicted of a crime by a court, this did not invalidate everything he said. To illustrate, he pointed out that the Apostle Paul was a murderer but that by the Grace of God, he became the greatest of the Apostles. He added that he, Mr. Long, did not rely on anything that he did not personally check out thoroughly.

In summation, Mr. Becraft reminded the jury that Galileo was imprisoned for holding a belief that conflicted with what everyone else knew as a "fact" and that Columbus, acting on a belief which conflicted with what everyone else knew was a "fact," discovered something no one else thought existed.

The jury agreed with the defense. By finding Mr. Long "NOT GUILTY" on all counts, they have ventured into hitherto uncharted territory in their monumental decision.

A Chattanooga TV station quoted a government spokesman as saying that this case will change the way the IRS will handle such cases in the future. They indicated that they (the government) will be less likely to prosecute if a jury wasn't going to decide in their favor.

Mr. Long's spirit was best expressed when he was asked for a final statement by a reporter as he was leaving the courtroom. His words, "Glory be to God."

CR-1-93-1, United States of America v. Lloyd Long, filed in the U.S. District Court, Eastern District of Tennessee, decided on October 15, 1993.

The U.S. v. Long transcript plus exhibits of about 600 pages is available from Lloyd Long, 5048 Roarks Cove Rd, Decherd TN 37324; phone (615) 967-1402. The price is $250 plus shipping.

Permission is granted to republish this information.


Uncle Bill  posted on  2007-07-13   3:26:32 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#57. To: christine (#56)

CRAC KI NG THE CODE


A recent GAO inquiry reveals that about 113,800 contractors working for a variety of federal agencies, including the Pentagon and the General Services Administration, have built up $7.7 billion in unpaid taxes

450, 00 0 Federal Workers Are Tax Cheats

Bu sh Proposes $333 Billion Tax Increase


GAO REPORT: 61% of US Corporations Paid No Taxes - 71% of Foreign-Controlled Corporations Paid No Taxes From 1996 to 2000

Uncle Bill  posted on  2007-07-13   3:40:17 ET  Reply   Untrace   Trace   Private Reply  


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