Time: Wed Aug 20 10:32:11 1997
	by primenet.com (8.8.5/8.8.5) with ESMTP id JAA07850;
	Wed, 20 Aug 1997 09:53:59 -0700 (MST)
Date: Wed, 20 Aug 1997 12:53:39 -0400
Originator: heritage-l@gate.net
From: Paul Andrew Mitchell [address in tool bar]
To: pmitch@primenet.com
Subject: SLS: Anti-IRS Posters presented to federal jury


>Subject: SLS: Anti-IRS Posters presented to federal jury
>
>Dear Clients and Friends,
>
>The following is the text which comprised
>poster-size enlargements, with results
>of early research we did in 1991 to nail 
>the IRS for violating numerous federal laws.
>
>The content of these posters was approved
>by the client, a former municipal court
>judge from California who was prosecuted
>for tax evasion and failure to file.
>
>/s/ Paul Mitchell
>http://www.supremelaw.com

> [This text is formatted in Courier 11, non-proportional spacing.]

>
>posters now follow:
>
>                          Defense Methodology
>
>+-----------------------------------------------------------------+
>|                         | Federal  | Administrative | Paperwork |
>|Important                | Register | Procedure      | Reduction |
>|Questions                | Act      | Act            | Act       |
>|                         | (FRA)    | (APA)          | (PRA)     |
>|-------------------------+----------+----------------+-----------|
>|What was intent of law?  |          |                |           |
>|-------------------------+----------+----------------+-----------|
>|What does law require?   |          |                |           |
>|-------------------------+----------+----------------+-----------|
>|Has IRS complied?        |          |                |           |
>|-------------------------+----------+----------------+-----------|
>|What if IRS has not?     |          |                |           |
>+-----------------------------------------------------------------+
>
>
>                                     1
>
>
>                          Table of Laws and Key Words
>
>+-----------------------------------------------------------------------+
>|               | Internal | Federal     | Administrative | Paperwork   |
>|               | Revenue  | Register    | Procedure      | Reduction   |
>|               | Code     | Act         | Act            | Act         |
>|               | (IRC)    | (FRA)       | (APA)          | (PRA)       |
>|---------------+----------+-------------+----------------+-------------|
>| Statutes      | 26 USC   | 44 USC 1501 | 5 USC 551      | 44 USC 3501 |
>|---------------+----------+-------------+----------------+-------------|
>| Date Enacted  | 10/22/86 | 7/26/35     | 6/11/46        | 12/11/80    |
>|---------------+----------+-------------+----------------+-------------|
>| Regulations   |          |             |                |             |
>|---------------+----------+-------------+----------------+-------------|
>| Forms         |          |             |                |             |
>|---------------+----------+-------------+----------------+-------------|
>| Instructions  |          |             |                |             |
>|---------------+----------+-------------+----------------+-------------|
>| Other, e.g.   |          |             |                |             |
>|  Schedules    |          |             |                |             |
>+-----------------------------------------------------------------------+
>
>
>                                     2
>
>
>               Definitions of Key Words
>
>a STATUTE is a law passed by Congress
>
>a REGULATION is a formal rule promulgated and codified
>in the Code of Federal Regulations (CFR)
>
>a FORM is an information collection request (ICR)
>(like Form 1040, Form 1040X, Form 1040A, etc.)
>
>INSTRUCTIONS are published rules for completing forms
>(like the Instructions for Form 1040)
>
>
>                           3
>
>
>      What is the "Code of Federal Regulations"?
>
>... complete codifications of the documents of each
>agency of the Government having general applicability
>and legal effect, issued or promulgated by the agency
>by publication in the Federal Register, or by filing
>with the Administrative Committee, and are relied upon
>by the agency as authority for, or are invoked or used
>by it in the discharge of its activities or functions,
>and are in effect ...
>                                          [44 USC 1510]
>
>
>                           4
>
>
>                What is "general applicability"?
>
>     ... every document or order which prescribes a penalty
>     has general applicability and legal effect.
>
>                                            [44 USC 1505(a)]
>
>
>                                5
>
>
>     What are the requirements of the Federal Register Act?
>
>Documents to be published in the Federal Register include:
>
>*    proclamations and executive orders
>
>*    documents having general applicability and legal effect
>
>*    documents required to be published by Congress
>
>
>For purposes of this chapter (44 USC 1501 et seq.) every document
>or order which prescribes a penalty has general applicability and
>legal effect.
>                                                    [44 USC 1505]
>
>
>                                6
>
>
>  Has the IRS complied with the Federal Register Act?
>
>*    Instructions for Form 1040 prescribe penalties but
>     have never been published in the Federal Register
>
>*    Form 1040 itself has never been published in the
>     Federal Register
>
>*    Schedules which attach to Form 1040 have never
>     been published in the Federal Register
>
>
>                           7
>
>
>        Does the Federal Register Act protect the public?
>
>     A document required to be published in the Federal
>     Register is not valid as against a person who has not
>     had actual knowledge of it until the duplicate
>     originals or certified copies of the document have been
>     filed with the Office of the Federal Register and a
>     copy made available for public inspection.
>
>                                               [44 USC 1507]
>
>
>                                8
>
>
>                What are the requirements of the APA?
>
>Each agency shall separately state and currently publish in the
>Federal Register for the guidance of the public:
>
>(A)  descriptions of its central and field organization and the
>     established places at which, the employees from whom, and the
>     methods whereby, the public may obtain information, make
>     submittals or requests, or obtain decisions; ...
>
>(C)  rules of procedure, descriptions of forms available or the
>     places at which forms may be obtained and instructions as to the
>     scope and contents of all papers, reports or examinations.
>
>(D)  substantive rules of general applicability adopted as authorized
>     by law, and statements of general policy or interpretations of
>     general applicability formulated and adopted by the agency;  and
>
>(E)  each amendment, revision, or repeal of the foregoing.
>
>                                                           [5 USC 552]
>
>
>                                9
>
>
>           How does the APA define a "rule"?
>
>"rule" means the whole or a part of an agency statement
>of general or particular applicability and future
>effect designed to implement, interpret, or prescribe
>law or policy or describing the organization,
>procedure, or practice requirements of an agency ....
>
>                                         [5 USC 551(4)]
>
>
>                           10
>
>
>         What are the APA requirements for making rules?
>
>     *    general notice of proposed rule making published
>          in the Federal Register
>     
>     *    an opportunity for interested persons to
>          participate in the rule making process
>     
>     *    publication or service of a final substantive rule
>          30 days before its effective date
>     
>     *    each agency shall give an interested person the
>          right to petition for the issuance, amendment, or
>          repeal of a rule
>     
>                                                 [5 USC 553]
>
>
>                                11
>
>
>               Has the IRS complied with the APA?
>
>*    neither Forms 1040 (1040X, 1040EZ, 1040A) nor their
>     instructions have ever been published in the Federal
>     Register, whether
>
>     *    as a form to be completed by 10 or more persons,
>     *    as instructions as to the scope and content of reports,
>     *    as proposed or final substantive rules, or
>     *    as amendments, revisions, or repeals of the foregoing
>
>*    opportunities have not been published for interested persons
>     to participate in making, revising, or repealing rules for
>     Form 1040 or its instructions from 1946 until now
>
>*    the IRS central and field organizations have not been
>     published in the Federal Register as such for 15 years
>
>*    amendments and revisions to the IRS central and field
>     organizations have not been published as such for 15 years
>
>
>                                12
>
>
>                Does the APA protect the public?
>
>     ... a person may not in any manner be required to
>     resort to, or be adversely affected by, a matter
>     required to be published in the Federal Register and
>     not so published.
>                                           [5 USC 552(a)(1)]
>
>
>                                13
>
>
>      What are the purposes of the Paperwork Reduction Act?
>
>*    minimize the Federal paperwork burden
>
>*    minimize the cost to the Federal government of collecting,
>     maintaining, using and disseminating information
>
>*    maximize the usefulness of the information collected
>
>*    coordinate and integrate Federal information policies and
>     practices
>
>*    eliminate unnecessary duplication
>
>*    ensure that automated data processing and telecommunications
>     technologies are acquired and used by the Federal government
>
>     *    to improve its services and program management
>     
>     *    to increase productivity
>
>     *    to reduce the paperwork burden for the public
>
>*    to "regulate the regulators" by assigning enforcement
>     responsibilities to the public at large
>
>                                                    [44 USC 350l]
>
>
>                                14
>
>
>               What are the requirements of the PRA?
>
>*    submit recordkeeping requirements and information collection
>     requests (ICR's) to the Office of Management and Budget (OMB)
>
>*    obtain OMB approval of these requirements and requests
>
>*    display an OMB "control number" and its expiration date
>
>     *    on the face of information collection requests
>
>     *    in the text of recordkeeping requirements
>
>                           -or-
>
>*    display a printed statement why none is required
>
>
>*    there is a 3-year limit on any OMB control number
>
>                                                      [44 USC 3507]
>
>
>                                15
>
>
>             What is a "recordkeeping requirement"?
>
>     The term "recordkeeping requirement" means a
>     requirement imposed by an agency on persons to maintain
>     specific records.
>                                               [44 USC 3502]
>
>          What is an "information collection request"?
>
>     The term "information collection request" means a
>     written report form, application report form, schedule,
>     questionnaire, reporting or recordkeeping requirement,
>     collection of information requirement, or other similar
>     method calling for the collection of information.
>
>                                               [44 USC 3502]
>
>
>                                16
>
>
>          How do the PRA regulations define "display"?
>
>"Display" is defined to mean:
>
>In the case of forms, questionnaires, instructions, and other
>written information collection requests individually distributed
>to potential respondents, to print the OMB control number and,
>unless OMB determines it to be inappropriate, the expiration date
>in the upper right hand corner of the front page of the request.
>
>                                             [5 CFR 1320.7(e)(1)]
>
>
>                                17
>
>
>                Has the IRS complied with the PRA?
>
>*    the published table of OMB control numbers for the IRC does
>     not display any expiration dates in the CFR regulations
>
>*    the Forms 1040 fail to display expiration dates or any
>     explanations why these dates are missing
>
>*    most of the regulations fail to display OMB control numbers
>     and expiration dates in the body of their text
>
>*    only two (2) regulations could be found which display OMB
>     control numbers in the body of their text:
>
>     *    26 CFR 1.860-2 and 26 CFR 1.1441-2
>
>*    the instructions for Form 1040 display neither the required
>     OMB control numbers nor the required expiration dates
>
>*    the instructions for Form 1040 fail to display any statement
>     why OMB control numbers and expiration dates are not required
>
>
>                                18
>
>
>                Does the PRA protect the public?
>
>     Notwithstanding any other provision of law, no person
>     shall be subject to any penalty for failing to maintain
>     or provide information to any agency if the information
>     collection request involved was made after December 31,
>     1981, and does not display a current control number
>     assigned by the Director of OMB, or fails to state that
>     such request is not subject to this chapter.
>
>                                               [44 USC 3512]
>
>
>                                19
>
>
>              In the words of President Carter ...
>
>"The act I'm signing today will not only regulate the regulators,
>but it will also allow the President and the OMB to gain better
>control over the Federal Government's appetite for information
>from the public.  For the first time, it allows OMB to have the
>final word on many of the regulations issued by the Government.
>It also ensures that the public need not fill out forms nor keep
>records which are not previously approved by OMB."
>
>                                           Presidential Documents
>                                   Administration of Jimmy Carter
>                                        December 11, 1980 at 2795
>
>
>                                20
>
>
>                             #  #  #
>
>
>
>
>========================================================================
>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 toolbar]        : using Eudora Pro 3.0.3 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 3.0.3 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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