November 8, 2006

IRS Enjoined For Violating
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. 

On 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 Petition.

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. 

On 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. 

Click here for a copy of the District Courtís Order of November 6th. 

Click 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 Declaration #3

Click here for a copy of the papers filed on November 1: Schulzís Petition to Quash, Schulzís Memorandum of Law, and Schulzís Declaration #1.

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.

Please click 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. 

f 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: Clip A   Clip B

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.



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We The People Foundation
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