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Quatlosers
> Bill
Conklin
These special-editions Quatloos commemorates those who have
made a name for themselves in their particular business endeavors.
100
Q
Bill Conklin
Our 100Q Woopoo chips commemorate infamous tax scam artists.
We almost hate to write about this one because he is so slick.
Of all the tax scam artists, the most impressive is
Bill Conklin, who claims to be a paralegal and tax consultant with 6 published
wins against the IRS in the 10th Circuit Court of Appeals, who has published
"Why No One Is Required To File Tax Returns", and who runs an interesting
website at http://www.anti-irs.com
Bill seems to spend most of his time bashing in his Hall
of Shame other tax protestors as out-and-out scam artists, mostly Irwin
Schiff, Peymon Mottahedeh (who, interestingly enough, sells Conklins' book over
his website), and (small claims) "Judge" John Rizzo, plus he takes
a lot of shots at the Global Prosperity folks. Conklin doesn't pull any punches
either, referring to Mottahedeh and Rizzo as "I don't know which is worse:
a former legal eagle scamming people (Rizzo) or a wanna be legal eagle scamming
people (Mottahedeh). "
OK, we'll admit it -- Anybody who takes
shots at Schiff, Mottahedeh, Rizzo, and Global Prosperity, which is perhaps
the worst scam ever, can't be all bad. Conklin's Weasel
Droppings page which rails on John Rizzo is priceless.
But on the other hand, there is a lot of pot-kettle-black
going on here and it is all too easy to overlook the fact that Conklin is just
another tax scammer himself. In many ways, Conklin is an Irwin Schiff wannabee
who asserts an old argument that Schiff lost on and then was smart enough to
go on to something else, and Conklin has also copied Schiff's "challenge"
and then exactly as Schiff did welched on the challenge.
The premise of Conklin's book is that "an American citizen
cannot be compelled to file a tax return because the return can be used against
the filer in violation of the Fifth Amendment" -- a claim which has been
exploded time after time by the courts and which has NEVER WON (see below).
Curiously, although Conklin shamelessly bashes Irwin Schiff, Conklin's argument
is a take-off an argument that Schiff himself once asserted -- and lost. Conklin
has also held himself out to be the "Reverend Conklin" and sometimes
"Archbishop Conklin" with the "Church of World Peace".
Like any scam artist, Conklin is also much-less-than-truthful
about his claims of defeating the IRS in "6 published wins" against
the IRS. Let's take a look at these cases:
Walder v. Conklin -- Conklin offered a $50,000
reward to anybody who could prove that his 5th Amendment defense was bogus.
Walder proved that it was bogus, and sued when Conklin welched. The court ruled
that Conklin has structured his argument so that he was the "sole arbitor"
of whether he had to pay or not. Conklin, thus, decided to welch -- exactly
like Irwin Schiff had welched in the case of Newman
vs. Schiff (more pot-kettle-black). This opinion does not mention the Fifth
Amendment except in the context of Conklin welching on his bet.
Church of World Peace, Inc. v IRS, 715 F.2d 492
-- This is a LOSS by the Church against the IRS. The 10th Circuit AFFIRMED the
IRS's revocation of the Church's 501(c)(3) exempt status.
United States v. Church of World Peace, 775 F.2d 265
-- This case set aside the IRS's attempts to get the books and records of Conklin's
church as overbroad. This case doesn't mention the Fifth Amendment at all. The
IRS merely toned down it's request and tried again, the next time successfully.
United States v Church of World Peace, 878 F2d 1281
-- This is the case after the IRS got the documents relating to the Church.
The 10th Circuit dismissed both the IRS's appeals as to limitations on its request
and also as to Conklin's attempt to get all the evidence thrown out. Again,
no mention of the Fifth Amendment.
Conklin v. United States, 812 F.2d 1318 --
Conklin sued the IRS for a whopping $152 for responding to an IRS summons. Conklin
lost before the District Court, and awarded the IRS $356.29 in costs. Conklin
appealed, and was able to avoid paying the IRS the $356.92. (Wow -- What a case!)
Conklin v. C.I.R., 897 F.2d 1032 -- In Conklin's
dispute over deductions for contributions to his Church of World Peace, Conklin
voluntarily entered into a stipulation where the IRS conceded some items as
to Conklin's wife which released both of them after she paid the IRS. However,
after the IRS won against Conklin in tax court (91 T.C. 41 (1988) which of course
he isn't going to tell you about), the IRS went back and tried to undo the stipulation.
The 10th Circuit held that the IRS had to honor Conklin's stipulation which
included paying the IRS.
Tavery v. United States, 897 F.2d 1027 --
This is the case against Conklin's wife, which was reversed because Conklin
had entered into the stipulation and she had already paid the IRS.
As you can see, despite Conklin's claims he has NEVER
defeated the IRS by asserting his Fifth Amendment arguments. Atlhough Conklin
has a couple of times won minor procedure victories on technicalities, he has
always ended up having to pay the IRS.
_________________________________________
Conklin's Premise Exploded
There is no constitutional right to refuse to file an income
tax return on the ground that it violates the Fifth Amendment privilege against
self-incrimination. In United States v. Sullivan, 274 U.S. 259, 264 (1927),
the U.S. Supreme Court stated that the taxpayer "could not draw a conjurer's
circle around the whole matter by his own declaration that to write any word
upon the government blank would bring him into danger of the law." The
failure to comply with the filing and reporting requirements of the federal
tax laws will not be excused based upon blanket assertions of the constitutional
privilege against compelled self-incrimination under the Fifth Amendment.
Relevant Case Law:
United States v. Schiff, 612 F.2d 73, 83 (2 d Cir.
1979) - the court said that "the Fifth Amendment privilege does not immunize
all witnesses from testifying. Only those who assert as to each particular question
that the answer to that question would tend to incriminate them are protected
. . . . [T]he questions in the income tax return are neutral on their face .
. . [h]ence privilege may not be claimed against all disclosure on an income
tax return."
United States v. Brown, 600 F.2d 248, 252 (10 th
Cir. 1979) - noting that the Supreme Court had established "that the self-incrimination
privilege can be employed to protect the taxpayer from revealing the information
as to an illegal source of income, but does not protect him from disclosing
the amount of his income," the court said Brown made "an illegal effort
to stretch the Fifth Amendment to include a taxpayer who wishes to avoid filing
a return.
United States v. Neff, 615 F.2d 1235, 1241 (9 th
Cir.), cert. denied, 447 U.S. 925 (1980) - the court affirmed a failure to file
conviction, noting that the taxpayer "did not show that his response to
the tax form questions would have been self-incriminating. He cannot, therefore,
prevail on his Fifth Amendment claim.
United States v. Daly, 481 F.2d 28, 30 (8 th Cir.),
cert. denied, 414 U.S. 1064 (1973) - the court affirmed a failure to file conviction,
rejecting the taxpayer's Fifth Amendment claim because of his "error in
. . . his blanket refusal to answer any questions on the returns relating to
his income or expenses.
Sochia v. Commissioner, 23 F.3d 941 (5 th Cir. 1994),
cert. denied, 513 U.S. 1153 (1995) - the court affirmed tax assessments and
penalties for failure to file returns, failure to pay taxes, and filing a frivolous
return. The court also imposed sanctions for pursuing a frivolous case. The
taxpayers had failed to provide any information on their tax return about income
and expenses, instead claiming a Fifth Amendment privilege on each line calling
for financial information.
Devvy Kidd and Bill Conklin further exposed as scam artists
at http://devvyconklin.tripod.com/fakery.html
Otto Skinner says that Conklin
and Bannister are just flat wrong, see http://www.buildfreedom.com/
fiscal/ fifth_amendment.html
Thurston Bell says Bill Conklin is a Scam Artist
from http://www.nite.org/docs/academic-deficiency.htm
Notice of Academic Deficiency
5.12.2001
There just seems to be an endless number of people out here
on the internet, who, without credentials, positive accomplishments, or evidence
of prior experience or knowledge of their work on the Internet, and who also
believe that they have some argument "worthy" of hearing by the federal
courts, will ask that YOU send them some money. There are in fact SO MANY of
these people, that I could spend every day for the rest of my life arguing against
and exposing them. This will do nothing but serve the wishes of the Treasury
Department.
I have to learn to trust that individuals can be responsible
for themselves, can show prudence, and judge that which is sent to them over
the World Wide Web.
When it comes to IRS lawsuits, I can only share a few points
of certainty regarding the issues of lawsuits.
A: The Federal Courts do NOT want to rule in YOUR favor
because;
B: No Federal Judge wants to be the Federal Judge who collapses
the House of Cards known as the Economic Stabilization Program.
C: The Government and the Judge will use Rule 12(b)(6) to
throw your case out at the drop of a hat. That rule is: Failure to state a
claim for which relief can be granted.
D: The Courts and the Government will look for the weakest
point of your argument and they will rule on that one and ignore the rest
of the issues.
So, if someone is sending an e-mail regarding wanting money
from you to help support a case where there is no specifically damaged plaintiff
and there are multiple arguments, I will not respond to such e-mails.
If you are seriously considering spreading news of or financially
supporting the ideas of such people who have discovered the Internet as a means
of conning people out of money, instead of sending me their e-mail please write
back to them and ask them what their credentials are, what results have they
had, what is their area of expertise and experience, and do they have references
from anyone that you might hold in esteem.
This how the Establishments of Academia control discussions
and discourse. (References are important.) And believe me folks, if someone
out there was doing something that you needed to know about, I would have told
you already. And if they don't have the guts to come to me directly and seek
counsel with people like me who have results, they certainly are NOT worth your
time and effort.
Thurston P. Bell
Founder
PLEASE NOTE:
NITE has VERY strict standards about following the letter
of the Law. The people and organizations listed below use arguments that the
courts have already deemed frivolous, and make all sorts of claims with no results
to show for themselves. While some have truth mixed in with lies, there is just
enough truth to get people tangled into their web. Some of these people are
academic plagiarists who have been using NITE's work product and claiming it
as their own and / or intermingling our argument with frivolous res judicata
patriot arguments. Many of these people / organizations are networked (i.e.
working together). A few of them are SHAM trust salesmen / women. Therefore,
we can truthfully say that from our experience and first hand knowledge, the
following people are "Snake Oil" peddlers and / or CON-men/women who
do not deserve your trust:
Al Adask;
Al Beyer;
Al Thompson;
American Rights Litigators;
American Tax Consultants;
Barry Konicov;
Big Al;
Bill Benson;
Bill "William" Conklin;
Bill Drexler;
Bob Schulz;
Brad Barnhill;
Bruce Hatcher;
Chad Prater;
Christopher H. Hansen;
Christopher M. Hansen;
Dale Livingston;
Dan Meador;
Dave Bosset;
Dave Champion;
Dennis MacPhaeddon ;
Devvy Kidd;
Dick Simkanin;
Don Proctor;
Ed Akehurst;
Eddie Kahn;
Ed "Eduardo" Rivera;
Edmund Fitzsimmons;
Erwin Rommel School of Law;
Fairtax;
Financial Fortress;
Financial Prosperity;
Freedom Above Fortune;
Freedom Hall;
Freedom Law School;
Free Enterprise Society;
Gordon Phillips;
Howard Freeman;
Inform America;
Institute of Global Prosperity;
IRS Decoder;
Inhabitant;
Irwin Schiff;
Jeff Dickstein;
Jack Cohen;
Jim Deal;
John Feld;
John Gliha;
John Hecht;
John B. Kotmair;
Joseph Banister;
Joy Foundation;
Justin Garriott;
Ken "The Hornet" Hunter;
Lamar Hardy, Hawaii;
Larry "Lowell" Becraft;
Law Research Registry;
Les Hollingshead;
Lynda Wahl;
Lynn Meridith;
Marcia Doerr;
Mel Stamper;
Pat Patton;
Paul Lienthall;
PreferredServices;
Richard Cornforth;
Richard Standring;
Right Way Law;
Save-A-Patriot Fellowship (SAPF);
Sean O'Hara;
Solutions Group;
Steve DeLuca (S.T. Fitzgerald, Thomas Luca, other alisases)
Steven Swan;
Steven Beresford;
Supreme Law Firm;
Tax Ax;
Taxgate.com (NOT Tax-Gate.com);
Tax Statement;
The Informer;
Tom Scambos;
Tom Smith (Alleged Doctor);
Treasury Tax Secrets;
Virginia Cropsey a/k/a Little Red Hen
Wallace Institute ( A Disgrace to William Wallace and Clan Wallace);
Wayne C. Bentson
"We The People Foundation"
Review Pending
Paul Sulla, Attorney
People who do not seem to understand have not seen as many people as Mr. Bell
has seen, get hurt. They lose their property, jobs, paychecks, and / or families.
They obviously do not have the discernment to understand how vitally important
this issue is, and how we MUST stay on point or lose.
There is no room for those who claim it is their 1st
Amendment Right for supporting people who are espousing such res judicata arguments.
The courts and the Kotmair case made it clear. Guilt by association is NOW supported
by CASE LAW.
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