November 8, 2006
IRS Enjoined For
US Court of Appeals Order
Schulz v IRS Bares Its Teeth
November 6, 2006, a federal judge issued an order
enjoining, prohibiting and restricting the IRS from enforcing a summons the
IRS had served on the Glens Falls National Bank and Trust Company demanding
WTP Chairman Bob Schulzís personal bank records.
November 1st Schulz petitioned the Court to Quash the Summons on
the ground that it was issued in spite of constitutional prohibitions
barring retaliation by the government against those exercising
Constitutionally protected Rights, including the First Amendment Right to
Schulz also charged the Summons was a brash act of insolence by IRS for
violating a 2005 ruling from the Second Circuit Court of Appeals which
defined the Due Process requirements for enforcing IRS administrative
actions, and that IRS had acted in bad faith. Like Schulz, the bank is
question is also domiciled in the Second Circuit.
November 3rd Schulz asked the Court to order the IRS to Show
Cause why the IRS should not be enjoined from enforcing the Summons until
the case was finally determined, including any appeal thereof. Schulz also
asked the Court to include a TRO in its order.
The District Court Order granted Schulz all the protections he requested,
including ordering IRS to immediately notify the Bank by telephone that it
was not to comply with the demands of the Summons.
here for a copy of the
District Courtís Order of November 6th.
here for a copy of the papers filed on November 3: Schulzís
proposed Order to Show Cause, Schulzís
Memorandum of Law, Schulzís
Declaration #2, and Schulzís
here for a copy of the papers filed on November 1: Schulzís
Petition to Quash, Schulzís
Memorandum of Law, and Schulzís
Click here to read the
June 2005 ruling from the Second Circuit Court of Appeals in
Schulz v. IRS barring IRS from enforcing any administrative
enforcement action without first filing suit to enforce such administrative
action in federal district court and providing the enforcement target an
opportunity for a full, adversarial Article III judicial hearing.
here to volunteer to be in DC on November 14th to participate in this
important Right-to-Petition event and access links to obtain a ďV
for VendettaĒ costume.
If you have not already done so, we strongly urge
you to watch the preview links below to experience the film's central themes
regarding the nature of Liberty and organized resistance to tyranny and
fascism. We fully encourage everyone to rent (or purchase) the movie, which
was recently released commercially on DVD.
Click here for the
preview-trailer #2 for ďV for Vendetta"
Click here for additional clips from the movie:
Please note the Foundation may be able to
provide a costume for a limited number of individuals unable to afford one.
If so, please indicate your need in the comment section of the on-line form.
Please consider a donation to the WTP so we can continue to move our
Click here to
make a tax deductible
to the We The People Foundation
We The People Foundation
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