|
Quatlosers
> Irwin
Schiff
These special-editions Quatloos commemorates those
who have made a name for themselves in their particular business
endeavors.
100
Q
Irwin Schiff
Keeping with the theme of our 100Q
Woopoo chips, we commemorate Irwin Schiff who is perhaps the best
known of the promoters of "tax protestor" literature and
theories. After years of battling the IRS, Schiff is still batting
.000 in his efforts to prove valid even one of his bogus theories
-- although he's made a good living selling his useless B.S. in
the meantime.
Even according to fellow tax scammer
and Quatlooser Bill Conklin : "Number
One in the Weasel 'Hall of Sham' -- oops, I mean 'Hall of Shame'
-- is Irwin Schiff. If you want to know what this convicted felon's
advice is worth, just consider the source."
NEW! - Schiff
issues Administrative Notice Quo Warranto to various IRS personnel
seeking their oaths of office and similar material
Zero-Income
Filer & Schiff Acolyte Convicted of 18 Counts - Steven
Swan, who for years religiously followed the teachings of Irwin
Schiff until the two had a falling-out, has been convicted of 18
counts of tax-related crimes.
http://irwinschiffbs.blogspot.com
-- Anti-Schiff blog that shows what a buffoon his is, and that his
theories never work.
Schiff's
Response to Motion to Disqualify Judge Under 28 U.S.C. 455
Temporary
Restraining Order
Preliminary
Injunction (PDF)
Judge
Tells Tax Adviser to Stop Selling Book - NY Times Article
by David Cay Johnston

FOR IMMEDIATE RELEASE
FRIDAY, FEBRUARY 24, 2006
WWW.USDOJ.GOV |
TAX
(202) 514-2007
TDD (202) 514-1888 |
Professional Tax Resister Sentenced
to More
Than 12 Years in Prison for Tax Fraud
WASHINGTON, D.C. - Longtime tax protestor Irwin Schiff was sentenced
in federal district court in Las Vegas to total of 163 months in
prison—151 months for tax fraud and an additional 12 months
for contempt of court—the Department of Justice and the Internal
Revenue Service (IRS) announced today. In addition, Schiff was ordered
to pay more than $4.2 million in restitution and to serve three
years of supervised release..
In October 2005, Schiff was convicted of conspiring to defraud
the United States, aiding and assisting in the preparation of false
income tax returns, filing his own false tax returns, and evading
the payment of millions of dollars in back taxes owed. This marks
the third time Schiff has been convicted for committing federal
tax offenses. Schiff previously has spent more than four years in
jail for his tax crimes. Two associates of Schiff, Cynthia Neun
and Lawrence Cohen, were also convicted of aiding and assisting
other taxpayers in the filing of false tax returns. On February
3, 2006, Cohen was sentenced to 33 months in prison. Neun was sentenced
yesterday to 68 months in prison and ordered to pay $1.1 million
in restitution..
“Last October, a jury of his peers found Mr. Schiff guilty
of serious tax crimes related not only to his own tax evasion, but
also to his encouraging and enabling others to file false returns.
The prison sentence handed down today reflects the seriousness of
those crimes,” said Eileen J. O’Connor, Assistant Attorney
General for the Justice Department’s Tax Division. “The
Department of Justice is working vigorously to vindicate the interests
of law- abiding Americans who file returns and pay the taxes the
law requires.” .
“Mr. Schiff earned this sentence,” said IRS Commissioner
Mark Everson. “For years he has preyed on others by holding
out false hope that they need not pay their taxes.”.
According to the indictment and the evidence introduced at trial,
beginning in 1995, Schiff aided thousands of taxpayers in the filing
of false federal income tax returns with the IRS that reported zero
taxable income in spite of the taxpayers earning reportable income.
Schiff owned and operated Freedom Books, a business that sold books,
tapes, and informational packages encouraging customers not to pay
income tax. According to a government witness who testified at trial,
between 1997 and 2002, Freedom Books sold more than $4.2 million
of these products..
The evidence presented at trial also proved that Schiff evaded
the payment of more than $2 million in taxes he owed the IRS from
1979 through 1985. Schiff concealed income he earned from Freedom
Books, in part, by using offshore bank accounts and conducting financial
transactions through secret “warehouse” banking services.
The evidence also showed that Schiff used debit cards issued by
offshore banks to obtain funds he transferred offshore, that he
opened bank accounts using multiple tax identification numbers and
that he concealed his wealth by hiding his assets through the use
of nominees..
Assistant Attorney General O’Connor thanked Tax Division
Trial Attorneys Jeffrey A. Neiman, David J. Ignall, and Melissa
Schraibman, who prosecuted the case. She also thanked Criminal Investigation
Special Agents David Holland, Adam Steiner, and Autumn Woodard of
the IRS, and the U.S. Attorney’s Office for the District of
Nevada, whose assistance was essential to the successful investigation
and prosecution of the case..
Additional information about the Justice Department’s Tax
Division and its enforcement efforts may be found at http://www.usdoj.gov/tax.
###
06-098

FOR IMMEDIATE RELEASE
MONDAY, OCTOBER 24, 2005
WWW.USDOJ.GOV |
TAX
(202) 514-2007
TDD (202) 514-1888 |
PROFESSIONAL TAX RESISTER IRWIN
SCHIFF AND TWO ASSOCIATES CONVICTED IN LAS VEGAS TAX SCAM
WASHINGTON, D.C. - A federal jury in Las Vegas, Nevada convicted
Irwin Schiff and two associates, Cynthia Neun and Lawrence Cohen,
of aiding and assisting in the preparation of false income tax returns
filed by other taxpayers in connection with a tax scam, and convicted
Schiff and Neun of conspiring to defraud the United States, the
Department of Justice and the Internal Revenue Service (IRS) announced
today. Schiff was convicted on all counts, including income tax
evasion and of filing false income tax returns for the years 1997
through 2002, and Neun was convicted of willfully failing to file
federal income tax returns, Social Security disability fraud, and
theft of government property in connection with Neun's improper
receipt of Social Security disability benefits.
According to the indictment and the evidence introduced at trial,
beginning in 1995, the defendants directed thousands of taxpayers
to file false federal income tax returns with the IRS that reported
zero taxable income in spite of the taxpayers earning large amounts
of reportable income. The defendants operated the scam through Freedom
Books-a business owned by Schiff-that sold books, tapes, and packets
encouraging customers not to pay income tax. According to a government
witness who testified at trial, between 1997 and 2002 Freedom Books
sold more than $4.2 million in products that promoted Schiff's "anti-tax"
scheme.
"People who evade their tax obligations, or encourage or enable
others to do so, are cheating all law-abiding taxpayers," said Eileen
J. O'Connor, Assistant Attorney General for the Justice Department's
Tax Division. "The Department of Justice will prosecute these crimes,
and juries will convict the offenders."
The Justice Department filed a civil suit in the same court against
Schiff, Neun, and Cohen in March 2003, and the court granted a temporary
restraining order barring them from advertising or selling Schiff's
"zero-income tax return" plan; preparing tax returns for others;
and assisting others to violate the tax law, including by "selling
services, books or other materials that provide direction about
how to fill out fraudulent or false tax forms. . . ." The preliminary
injunction was affirmed after the defendants' appeal to the U.S.
Court of Appeals for the Ninth Circuit. The U.S. Supreme Court this
month declined to hear Schiff's challenge to the Ninth Circuit decision.
The Justice Department will ask the district court to convert the
preliminary injunction into a permanent one. More information about
the injunction may be found on the Tax Division website at http://www.usdoj.gov/tax/txdv03357.htmhttp://www.usdoj.gov/ta/txdv03357.htm
and http://www.usdoj.gov/tax/txdv03167.htm.
The evidence presented at trial also proved that Schiff evaded the
payment of more than $2 million in taxes he owed the IRS from 1979
through 1985. Schiff concealed income he earned from Freedom Books,
in part by using offshore bank accounts and conducting financial
transactions through secret "warehouse" banking services. The evidence
also showed that Schiff used debit cards issued by offshore banks
to obtain funds he transferred offshore, that he opened bank accounts
using multiple tax identification numbers, and that he titled his
ownership of a car in the name of a Pennsylvania corporation.
This marks the third time Schiff has been convicted of tax offenses.
"Paying taxes is the price of citizenship. After three strikes,
I would hope that even Mr. Schiff realizes that he has struck out,"
said IRS Commissioner Mark W. Everson.
Mr. Schiff-who faces a maximum sentence of 43 years in prison and
$3.25 million in fines-was remanded to the custody of the U.S. Marshals
Service and is scheduled to be sentenced on January 20, 2006 at
10:30 A.M. Ms. Neun-who faces up to 50 years in prison and up to
$3.3 million in fines-was remanded pending a bail hearing tomorrow.
Neun's sentencing is scheduled for January 27, 2006 at 9:00 A.M.
Mr. Cohen-who was released on bond-is due to be sentenced on January
27, 2006 at 9:30 A.M. He faces three years incarceration and up
to a $250,000 fine.
Assistant Attorney General O'Connor thanked Tax Division Trial Attorneys
Jeffrey A. Neiman and David J. Ignall, who prosecuted the case,
as well as the Special Agents of the IRS, other Tax Division Attorneys,
and the U.S. Attorney's Office for the District of Nevada for their
assistance during the investigation and trial of this matter.
###
05-548
Schiff clients who have been criminally prosecuted aren't hard
to find...
United States v. Middleton, 246 F.3d 825 (6th Cir. 2001)
United States v. Dentice, No. 99-50101 (9th Cir. Oct. 6, 1999)
United States v. Payne, 978 F.2d 1177 (10th Cir. 1992)
United States v. Burdett, 962 F.2d 228 (2d Cri. 1992)
United States v. Mosel, 738 F.2d 157 (6th Cir. 1984)
United States v. Crosson, No. 95-176 (E.D. Pa. Dec. 21, 1995)
United States v. Anderson, 637 F. Supp. 1106 (D. Conn. 1986)
A new one for you: United States v. David G. Pflum, 2005 TNT 196-13,
No. 04-3508 (10th Cir. 10/7/2005), aff'ng No. 04-CR-40008-SAC (U.S.D.C.
Kan.). The opinion is about instructions on "willfulness" and objections
to certain testimony on tax rates, not too interesting. The opinion
begins:
10th Cir. wrote:
Benjamin Franklin famously quipped that "in this world nothing
can be said to be certain, except death and taxes." Letter from
Benjamin Franklin to Jean-Baptiste Le Roy (Nov. 13, 1789), in
10 The Writings of Benjamin Franklin 69 (A. Smyth ed. 1907). While
not contesting the inevitability of the former (as far as we know),
David G. Pflum believed he had found a loophole to escape the
latter. After an extensive study that included reading books such
as "The Great Income Tax Hoax" and "How Anyone Can Stop Paying
Income Taxes," he stopped paying taxes.1
[Footnote]1 We note that the author of these books, Irwin Schiff,
has maintained for more than 30 years that income taxes are voluntary,
but, not surprisingly, "he has never been successful with that
theory in court." United States v. Schiff, 379 F.3d 621, 623 (9th
Cir. 2004) (citing cases in which Schiff's arguments have been
rejected); Newman v. Schiff, 778 F.2d 460, 467 (8th Cir. 1985)
(referring to the "blatant nonsense" promoted by Schiff).
The 10th Circuit affirmed Pflum's conviction on eight counts of
failure to pay quarterly employment taxes, in violation of 26 U.S.C.
§ 7202, and three counts of failure to file a federal income
tax return, in violation of 26 U.S.C. § 7203, as well as his
sentence of 30 months in prison.

FOR IMMEDIATE RELEASE
THURSDAY, JUNE 17, 2004
WWW.USDOJ.GOV |
TAX
(202) 514-2007
TDD (202) 514-1888 |
Court Rules Irwin Schiff Owes
U.S. Treasury Over Two Million Dollars
WASHINGTON, D.C. - The Department of Justice announced
today that on June 14, 2004, a federal court in Las Vegas ruled
that Irwin A. Schiff, a well-known promoter of frivolous tax evasion
excuses, is liable for over $2 million in individual income tax
liabilities and related interest and penalties, in civil litigation
brought by the government to recover Schiff’s unpaid income
taxes for the years 1979 through 1985.
Schiff maintained that he should be excused from
the imposition of civil fraud penalties because he allegedly has
recently been diagnosed as suffering from a “chronic and severe
delusional disorder” that resulted in his irrational and incorrect
beliefs pertaining to the federal income tax system. The court declined
to accept Schiff’s diminished-capacity defense.
The June 14 Order is not related to the grand
jury’s March 24, 2004, indictment of Schiff and others on
charges of criminal conspiracy and multiple violations of the internal
revenue laws.
This matter was handled by the Justice Department’s
Tax Division. The Tax Division represents the IRS in civil litigation
to collect taxes in high-profile, complex or precedent-setting cases.
Eileen J. O’Connor, Assistant Attorney General for the Tax
Division, thanked trial attorneys Henry C. Darmstadter and Guy P.
Jennings for their work in this matter.
For more information on this case and on the Department
of Justice’s other tax-scam enforcement actions, go online
to http://www.usdoj.gov/tax/03_tax_167.htm.
###
04-417

FOR IMMEDIATE RELEASE
WEDNESDAY, MARCH 24, 2004
WWW.USDOJ.GOV |
TAX
(202) 514-2007
TDD (202) 514-1888 |
IRWIN SCHIFF AND TWO ASSOCIATES
INDICTED FOR TAX FRAUD
WASHINGTON D.C. - Eileen J. O’Connor, Assistant
Attorney General for the Tax Division, United States Department
of Justice; Daniel G. Bogden, U.S. Attorney for the District of
Nevada; and Nancy Jardini, Chief, Internal Revenue Service Criminal
Investigation Division announced today that in Las Vegas, Nevada,
a federal grand jury returned a thirty-three (33) count indictment
charging Irwin Schiff, Cynthia Neun, and Lawrence Cohen with conspiracy
(18 U.S.C. §371), and aiding and assisting in the preparation
and filing of fraudulent federal income tax returns (26 U.S.C. §7206(2)).
Messrs. Schiff and Cohen are also charged with income tax evasion
(26 U.S.C. §7201). Ms. Neun is also charged with willfully
failing to file federal income tax returns (26 U.S.C. §7203),
Social Security disability fraud (42 U.S.C. §408) and theft
of government property (18 U.S.C. §641).
If convicted, Mr. Schiff faces maximum potential
sentences totaling forty-three years in jail and $3.25 million in
fines; Ms. Neun, fifty-one years in jail and $3.4 million in fines;
and Mr. Cohen, twenty-seven years in jail and $1.5 million in fines.
“There is no magic way out of paying taxes,”
said Assistant Attorney General Eileen J. O’Connor. “If
you fall for a scheme to cheat the IRS, you may lose your money
to a con artist. You may wind up in federal prison. In the end,
you will still owe taxes, and you may also owe interest and penalties.”
“The indictment today reminds us that fulfilling
individual tax obligations is a legal requirement and those who
willfully evade that responsibility will be prosecuted,” stated
Nancy Jardini, Chief, IRS Criminal Investigation. “We should
not forget that the ultimate victims in tax fraud cases are the
people of the United States. Those taxpayers who diligently file
tax returns each year.”
Count one of the indictment alleges that the defendants
conspired to file and cause other persons to file fraudulent tax
returns, including more than 4,950 tax returns that fraudulently
reported no income, a scheme the defendants referred to as a “zero
return.” Counts two through sixteen of the indictment charge
the three defendants with allegedly aiding and assisting in the
preparation and filing of fraudulent “zero returns.”
The indictment alleges that the fraudulent “zero returns”
reported zeroes on every line of a federal income tax return related
to income and expenses, and often claimed a full refund of all federal
taxes withheld or paid over to the IRS. It also alleges the defendants
promoted the “zero return” scheme through written materials
and audiotapes sold through a business known as Freedom Books; and
during seminars, radio shows such as “Freedom Now” (co-hosted
by Mr. Schiff and Ms. Neun), and personal consultations with clients.
The indictment further alleges that after filing
“zero returns,” many of the defendants’ clients
faced IRS audits and collection of taxes due. Mr. Schiff, who has
owned Freedom Books since at least 1995, together with his co-defendants,
allegedly encouraged clients to pay for additional products that
were supposed to help the clients handle their problems with the
IRS. The indictment alleges that Mr. Schiff and Ms. Neun charged
clients for writing responses to IRS correspondence, drafting court
pleadings, and representing them at administrative hearings before
the IRS or in judicial proceedings. Between 1997 and 2002, Freedom
Books allegedly generated gross business receipts of approximately
$3,726,000. Despite owning the lucrative business, the indictment
alleges Mr. Schiff did not report any income on any federal income
tax return filed with the Internal Revenue Service for calendar
years 1987 through 2002.
The indictment also charges Mr. Schiff with allegedly
evading the payment of $1,369,000 in federal taxes, interest, and
penalties due for the years 1979 through 1985. It alleges that he
hid income and assets in an offshore bank account, using wire transfers
and debit cards to bring the money back as needed; opened bank accounts
using fictitious tax identification numbers; tried to hide the true
ownership of his car by placing it in the name of a Pennsylvania-based
business; and conducted financial transactions through anonymous
warehouse banking services offered by the Christian Patriot Association.
On June 7, 2002, after trial in the United States
District Court in Oregon, leaders of the Christian Patriot Association,
including Richard and Dorothy Flowers, were convicted of tax crimes
in connection with a “warehouse bank” scheme designed
to eliminate records customarily made in financial transactions.
The charges contained in the indictment are only
allegations. In the American justice system, a person is presumed
innocent unless and until he or she is proven guilty in a court
of law.
###
Actual
Copy of Irwin Schiff's Indictment
Schiff's Attorney says
he's cRaZy:
An attorney for Irwin Schiff filed a very
strange brief on January 21.
The US has sued Schiff for back taxes,
penalties, and interest for the income taxes Schiff owes for the
years 1979-1985, a total of $2,276,244.78 (in 2001).
The US has moved for summary judgment
and Schiff's lawyer has filed a brief in opposition, saying that
there exists an issue as to whether Schiff owes the penalities
for civil fraud because Schiff may be suffering from a mental
disease or defect which prevented him from acting "willfully."
To quote from the conclusion to the brief:
"Based on the prior incarcerations,
sanctions, fines, reported decisions rejecting Schiff's theories,
Schiff's Deposition Transcripts instanter, revocation of probate
transcript, Declaration of William A. Cohan and attached psychological
reports rendered by Dr. Ortega and Dr. Barry there exists a genuine
dispute as to a material issue of fact precluding summary judgment:
i.e., whether Mr. Schiff suffers from a mental disease or defect
relevant to the issue of 'willfulness' and/or guilt and/or his
liability vel non for civil fraud penalties."
United States v. Schiff, No. CV-S-01-0895
(D.C. Nev. 1/21/2004).
The brief is only 8 pages, but there are
almost 400 pages of attachments, including an affidavit from an
attorney named William A. Cohan, who has apparently tried to advise
Schiff in the past. Some of the highlights of Mr. Cohan's affidavit:
"When confronted with contradictions
in his conclusions, Schiff either ignores the challenge or moves
on to new exhortations of what the law is and his omniscient 'expertise'
on the meaning of income, taxable income, the court's applying
the wrong satndard, banking and/or money."
"Schiff's belief system appears
to be completely circular: within that system Schiff is right,
the government and the courts are wrong and he remains impervious
to rational discussion."
"Stints of incarceration
for years, IRS levies for hundres of thousands of dollars, substantial
sanctions and fines imposed by (1) the Second Circuit for bringing
frivolous appeals and (2) the United States Tax Court for presenting
groundless and frivolous arguments demonstrate that Schiff's belief
system is impervious to negative feed back. Schiff's expectation
seems to be that someday the federal courts will experience an
epiphany and acknowlege that he has been right all along."
"My attempts at rational
discussions with Mr. Schiff have been more difficult than any
I experienced with Mr. Marsh." (Mr. Cohan had represented
Philip Marsh, the leader of the "Pilot Connection Society".)
"Based on all the foregoing
and Occam's razor, I was forced to conclude the Mr. Schiff probably
suffers from a severe delusional disorder or other mental disease
or defect."
From the report of psychologist Cynthia
Barry, Ph.D.: "[T]he diagnosis of Bipolar Disorder is well
established and warranted. ... I also believe that there is a
concurrent Delusional Personality Disorder. ... In short, Mr.
Schiff's behavior is not rational. It is the product of a Delusional
Personality Disorder that is not amenable to treatment and is
unlikely to remit."
And this is not from the government, but
from the lawyers of one the leaders of the "tax honesty movement."
_________________
Posted courtesy of Dan Evans
Author of the Tax Protester FAQ
evans-legal.com/dan/tpfaq.html
Actual Documents from this case:
(pdf documents)
FOR IMMEDIATE RELEASE
MONDAY, JUNE 16, 2003
WWW.USDOJ.GOV |
TAX
(202) 514-2007
TDD (202) 514-1888 |
COURT ENJOINS IRWIN
SCHIFF AND TWO ASSOCIATES
Tax Protestors
Barred from Preparing Tax Returns and Selling Tax-Scheme Materials
WASHINGTON, D.C. - A federal court in
Las Vegas today issued an order barring Irwin Schiff and two associates,
Cynthia Neun and Lawrence N. Cohen, from selling their tax scheme,
which the court held falsely claims that paying federal income
tax is voluntary. The order, which will be in effect indefinitely,
bars Schiff and his associates from: 1) advertising or selling
Schiff’s “zero-income tax return” plan; 2) preparing
tax returns for others; and 3) assisting others to violate the
tax law, including by “selling services, books or other
materials that provide direction about how to fill out fraudulent
or false tax forms...”
The court required Schiff, Neun, and Cohen
to provide a copy of its order to each of their customers and
to post it on their websites within ten days. After noting that
the government provided evidence showing that the stated purpose
of Schiff’s scheme “was, in part, to assist in the
commission of a crime,” the court rejected Schiff’s
contention, also asserted by the American Civil Liberties Union
in a “friend of the court” brief, that the First Amendment
prohibits any injunction against the sale of Schiff’s book
The Federal Mafia.
“Today’s order is another
in the long line of court orders stopping the sale of fraudulent
tax scams,” said Eileen J. O'Connor, Assistant Attorney
General in charge of the Justice Department’s Tax Division.
“As the Supreme Court recently held in a unanimous decision,
‘the First Amendment does not shield fraud.’”
In today’s order, the court found
that the promotion of Schiff’s scheme “has involved
over 3,000 individuals and an estimated $56 million in attempted
tax evasion,” further noting that “a number of individuals
have been convicted of tax crimes after following Schiff’s
theories.” According to papers filed in the case, Schiff
himself has twice been convicted of tax crimes.
For more information on this case and
for information on other tax-scam enforcement actions, go online
to http://www.usdoj.gov/tax/03_tax_167.htm
# # #
03-357
FOR IMMEDIATE RELEASE
THURSDAY, MARCH 20, 2003
WWW.USDOJ.GOV |
TAX
(202) 514-2007
TDD (202) 514-1888 |
FEDERAL COURT ENJOINS
IRWIN SCHIFF AND ASSOCIATES
Temporary Restraining
Order Entered
WASHINGTON, D.C. - Late yesterday, a federal
court in Las Vegas issued a temporary restraining order barring
Irwin Schiff and two associates, Cynthia Neun and Lawrence N.
Cohen, from promoting their tax scams. The order prohibits the
trio from holding any seminars to promote or sell Schiff's fraudulent
"zero tax" plan or "any other false, fraudulent,
or frivolous tax schemes or arguments." The order also prohibits
Schiff and his associates from selling or advertising tax-scam
books, audiotapes and other tax-related products and services,
and from preparing any federal income tax returns for others.
Within 10 days, Schiff, Neun, and Cohen must provide a copy of
the order to their current customers and former customers with
whom they have done business since January 1, 1999.
"Today's order is a victory for honest
taxpayers," said Eileen J. O'Connor, Assistant Attorney General
in charge of the Justice Department's Tax Division. "We will
continue to take action to stop promoters who pitch tax scams."
According to court papers filed by the
Justice Department, Schiff, Neun, and Cohen conduct seminars and
sell audiotapes and other products designed to help customers
evade federal taxes, primarily by filing income-tax returns falsely
listing no income and no tax due. The Justice Department has alleged
that customers of Schiff and his associates attempted to evade
an estimated $56 million in income taxes from 1999 through 2001.
For copies of documents filed in this
case and for information on other tax scam enforcement actions,
go online to http://www.usdoj.gov/tax/taxpress2003.htm.
NEW! -- United
States v. Irwin Schiff, Cynthia Neun, and Lawrence N. Cohen a/k/a
Larry Cohen
NEW! -- DOJ
requests injunction against Irwin Schiff and accomplices for running
a tax scam (again)
Some of Schiff's
more spectacular losses include:
United
States v. Schiff Americas leading untax
expert is next convicted of three counts of attempted tax
evasion and one count of willful failure to file.
Schiff v.
Cox -- Schiff files a Writ of Habeas Corpus to try to
get out of jail. He loses this too.
In
re Schiff -- Schiff also files a Writ of Mandamus. It
is denied too.
United
States vs. Schiff -- Schiff tries for a reduced or corrected
sentence on the grounds that his fee speech and free association
rights were being violated, and that by filing a tax returns he
was being compelled to testify against him self. He loses, again.
Schiff
vs. U.S. -- "America's leading untax expert"
not only gets hammered by the IRS on taxes that he owed, but also
gets sanctioned for bringing a frivolous appeal.
Schiff v. United
States -- Americas leading untax expert
files for a tax refund, and is dismissed. He appeals, and the
his appeal is dismissed as frivolous and has to pay costs.
Newman
vs. Schiff -- Schiff offered $100,000 to anybody who could
prove that the Internal Revenue Code requires people to pay their
taxes. Newman, a tax attorney, took Schiff up on his offer and
won, and after welching on the bet, Schiff barely escaped having
to pay the $100,000 because he argued that he had "withdrawn"
the offer immediately after he made it and therefore it was no
longer valid.
Swan vs.
Schiff -- Schiff gets sued by somebody who followed his
advice, and who only too late discovered that it was baloney.
Schiff
De-Bunked -- Detailed analysis and de-bunking of Schiff's
bogus theories by somebody who followed them and now is being
relentlessly pursued by the IRS.
Schiff's latest escapade, the "Zero
Return", has similarly batted .000 against the IRS. See http://evans-legal.com/dan/tpfaq.html#zeroreturn

Actual Photo of Raid on
Irwin Schiff's Freedom Book Store, February 11, 2002
Copy of the Search
Warrant served on Quatloser Irwin Schiff on February
11, 2003 by IRS-CID while investigating his tax scam
For Immediate Release: August 29, 2002
Contact: Steven A. Swan (603) 483-0550
Long-Time Promoter of
Tax Protester Irwin Schiff Launches
New Web Site Refuting Schiff's Income Tax Theories
(www.SchiffIsWrong.info)
(Auburn, N.H.) From 1996 to 2002, Steven
A. Swan of Auburn, New Hampshire promoted the income tax theories
of nationally-known tax protester Irwin Schiff of Las Vegas, Nevada.
Swan promoted Schiff's income tax theories through seminars he
conducted; through a Web site he set up; through radio, television,
and print interviews; through press releases; through letters-to-the-editor;
through advertisements; via word-of-mouth; etc.
However, Swan now realizes that Schiff
has misinterpreted and misconstrued the 16th Amendment to the
Constitution, the income tax laws and regulations, and the court
decisions Schiff has relied upon to develop his theories that
the Federal Income Tax is entirely voluntary and that anyone can
legally refuse to pay it. Earlier this year, Swan filed a $7 million
civil lawsuit against Schiff in U.S. District Court in Nevada
claiming that Schiff was guilty of fraud, misrepresentation, and
negligence against Swan. That lawsuit is currently in its discovery
phase.
In order to warn the public and the thousands
of Schiff followers that Schiff's income tax theories are incorrect,
Swan has launched a new Web site refuting all of Schiff's income
tax theories one by one. Swan's new Web site is located at www.SchiffIsWrong.info.
For further information, Swan can be
reached by e-mail at stevenswan@earthlink.net;
by mail at P.O. Box 453, Auburn, NH 03032; or by phone at (603)
483-0550.
Wanted: Other Victims
of Income Tax Guru Irwin Schiff
For over 20 years income
tax guru Irwin Schiff has been advising Americans that the federal
income tax is voluntary and that anyone can legally stop paying
it. According to Schiff, a million Americans have legally stopped
paying income taxes using his methods. Unfortunately, many of
these unwitting people have had the IRS file liens against them
for not paying income taxes; many have had their credit ruined;
many have had property seized from them; many have been prosecuted
for income tax crimes; and some have even committed suicide because
of the difficulties they have encountered for using the bogus
information provided by Schiff.
Schiff himself was imprisoned in the 1980's for income tax evasion.
However, in 1990 he published a new book encouraging people who
wanted to stop paying income taxes to file what he calls "Zero
Returns". And for the past 12 years, the Justice Department
has inexplicably left Schiff alone--even though many Americans
have been harmed by his incorrect theories regarding the federal
income tax.
I was one person who was ensnared by Schiff's fast-talking, no-one-else-could-get-a-word-in-edgewise
pitch. And for many years I promoted Schiff's theories myself.
But as time went on and as I more fully investigated his theories,
I came to realize that they were incorrect.
I have put together a Web site refuting Schiff's income tax theories
one by one. It is at www.SchiffIsWrong.info.
I have also filed a civil lawsuit against Schiff for fraud, negligence,
and misrepresentation in U.S. District Court for the District
of Nevada-Las Vegas.
I would like anyone else who is a victim of Irwin Schiff's misguided
income tax theories to contact me so that we might discuss filing
a class action lawsuit against him to prevent him from damaging
any more innocent people. Perhaps we can do what the Justice Department
has been unwilling to do all these years.
If you would like to contact me, my telephone number is (603)
483-0550; my e-mail address is stevenswan@earthlink.net; and my
mailing address is Steven A. Swan, P.O. Box 453, Auburn, NH 03032.
Steven A. Swan
www.SchiffIsWrong.info
Income Tax Guru Schiff's
$20 Million Countersuit Against U.S. Dismissed
(Las Vegas, Nevada) On August 2, 2001,
the U.S. Department of Justice filed a civil lawsuit against nationally-known
income tax protester Irwin A. Schiff of Las Vegas, Nevada. The
Justice Department is attempting to collect almost $2.3 million
($2,276,244.78) it claims Schiff owes in income taxes, penalties
and interest for tax years 1979-1985, inclusive. The case number
of the lawsuit is CV-S-01-0895 and it was filed in the U.S. Disctrict
Court for the District of Nevada (South).
On February 7, 2002, Schiff filed a counterclaim
against the United States. Then on May 3, 2002, Schiff amended
his counterclaim. In this amended pleading, Schiff sought $20
million in damages from the Government to compensate him for four
years in prison, loss of liberty, civil rights, self-esteem, emotional
distress, and loss of income. In addition, he sought the return
of his seized property. Schiff widely publicized the fact that
he had filed a counterclaim against the Government.
On June 13, 2002, U.S. District Judge
Philip M. Pro dismissed Schiff's counterclaim against the United
States. The Justice Department's civil lawsuit against Schiff
is still active.
All of the filings in this case can be
read by subscribers to the court's PACER system at the court's
Web site at www.nvd.uscourts.gov
.
Steven A. Swan
Auburn, New Hampshire
www.SchiffIsWrong.info
Schiff's latest escapade, the "Zero
Return", has similarly batted .000 against the IRS. See http://evans-legal.com/dan/tpfaq.html#zeroreturn
Former Promoter
Requests Federal Injunction Against Income Tax Protester Schiff
-----Original Message-----
From: Steven Swan [mailto:stevenswan@earthlink.net]
Sent: Monday, January 13, 2003 11:36 AM
To: Steven Swan
Subject: Former Promoter Requests Federal Injunction Against Income
Tax Protester Schiff
Former Promoter Requests Federal Injunction Against Income Tax
Protester Schiff
(Auburn, NH) Steven A. Swan, a former
student, follower and promoter of nationally-known income tax
protester Irwin Schiff of Las Vegas, Nevada, has asked a federal
district court in Nevada to issue a Temporary Restraining Order
and a Preliminary Injunction against Schiff to enjoin him from
illegally encouraging Americans to stop paying Federal Income
Taxes. Swan requested the Temporary Restraining Order and the
Preliminary Injunction via a motion in the $7 million civil lawsuit
Swan filed against Schiff for fraud, misrepresentation, and negligence.
Swan filed the lawsuit against Schiff because Swan's reliance
on Schiff's erroneous income tax theories caused Swan's real estate
agency to be closed by the I.R.S., who also seized Swan's bank
accounts.
Swan doesn't believe that he will ever receive any money from
Schiff because of the lawsuit since Schiff keeps any money he
earns in offshore trusts. Not to mention the fact that the U.S.
Department of Justice has filed its own civil lawsuit against
Schiff in U.S. District Court in Las Vegas in an attempt to collect
$2.3 million from Schiff for back taxes, penalties, and interest
for tax years 1979 through 1985. However, for some inexplicable
reason, the Justice Department is not attempting to collect taxes
from Schiff for more recent years, nor is it attempting to enjoin
Schiff from illegally encouraging others to stop paying income
taxes, nor is it prosecuting Schiff criminally for his illegal
actions.
Swan says that the major purpose for his lawsuit against Schiff,
at a time when the I.R.S. is becoming more and more aggressive
in attempting to collect taxes, is to try to warn unsuspecting
Americans that Schiff's erroneous income tax theories could lead
them into very severe trouble with the I.R.S. Swan has also set
up a Web site in order to try to warn people. It is located at
www.SchiffIsWrong.info.
(Schiff Is Wrong.info)
For more information, Swan can be reached at (603) 483-0550.
Thurston Bell says
Irwin Schiff 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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