Al Thompson Was Released on October 28, 2004
Hello Rick (Rickity) here. I just got home from picking up Al Thompson
from downtown Sacramento. What a shock to hear his voice on my phone.
"Al who?" I asked not expecting to hear his voice. I haven't been this happy for some time! I shot out of the house trying to keep my speed under
control while I was phoning anyone and everyone with the good news. Al was scheduled for a "hearing" on Friday and the troops were planning to be there in great support. Either the court knew it, sensed it or predicted
it so they had a quickie this morning (Thursday.) The DOJ in Washington
was on the phone as usual whining that Al had only spent 3 months in jail
and that was not long enough to coerce him into compliance (to sign the IRS forms that didn't apply to him.) Judge Damrell was obviously feeling the pressure after over 50 documents were filed on supreme court justices the previous week end by his Fresno friend. Now the damage suit begins and will it be a lulu! Al is in great spirits to say the least. A lot has
been learned from his experience by everyone. Many new discoveries since his incarceration will make it an even stickier wicket for them should they tread the same path with others. The bottom line is: The DOJ couldn't and wouldn't come up with the taxing statute and implementing regulation that applied to Al and Al wasn't going to "volunteer" to lie his way into their
jurisdiction. I'm sure you'll be hearing a lot more from Al when he gets back to his computer which should be any time now.
This is a time to celebrate folks. The deceit can only last so long before
the wall start to crack and eventually tumble. I hope you all will receive
Al and respect him for what very few people are willing to do. He has lost
his business and his marriage but won a very important victory that will
have a rippling effect when the rest of the country catches on to what has
happened. The rest is best said in Al's own words which I hope to see very
In truth, Rickity
Released from Sacramento jail
Judge finds incarceration did not have desired effect on 57-year-old
By Maline Hazle, Record Searchlight
October 29, 2004
SACRAMENTO -- A federal judge on Thursday released Redding tax resister Walter "Al" Thompson from the Sacramento County jail, where he had been held for over
U.S. District Court Judge Frank C. Damrell Jr. said imprisonment had
not forced Thompson to pay almost $500,000 in back taxes and penalties the federal government says he owes.
Thompson, 57, was arrested for contempt of court on Aug. 9 for
failure to comply with repeated court orders that he pay personal and
business withholding taxes.
The former owner of Cencal Aviation Products in Shasta Lake, Thompson stopped paying personal income taxes in 1999. The following year he stopped withholding taxes from Cencal employees' checks and reporting their incomes to the IRS.
He has said that income tax laws were repealed in 1939 and that no one in the country owes taxes.
Thompson also has said that he copyrighted his name spelled in
uppercase letters so no one else can use it, including the court, which routinely spells names in upper case.
Three weeks after his father's arrest, Thompson's son, Anthony, 22,
closed the flight bag manufacturing business, blaming lean economic
times. In an effort to separate it from his tax problems, Al Thompson
had abandoned the business last year through papers filed with the
Shasta County Clerk. Anthony Thompson had run the business since.
The Aug. 9 arrest was Al Thompson's second on the contempt charge. He first arrest was on April 15 -- Tax Day -- but Damrell freed him after he promised to get his records together.
Thompson missed his next court date, and a federal arrest warrant was reissued.
At Thursday's session, Anne Norris Graham, an attorney in the
Department of Justice's tax division, participated by telephone from
Washington, D.C., and Assistant U.S. Attorney Ken Newman, from the
U.S. Attorney's Eastern District appeared, Newman said.
In papers submitted to the court last month, Graham had argued that
"the coercive effect of incarceration still has a high likelihood of
causing Thompson to comply with the Court's orders."
"Thompson needs to be shown through incarceration that the Court is
not going to relent any time soon," Graham said in her argument,
predicting that more time in jail might cause Thompson to "re-evaluate
his course and comply" with the courts orders.
But on Thursday, Damrell said jail wasn't having the desired effect
and ordered Thompson released, Newman said.
The injunction Damrell issued last year is still in effect, as is the
contempt finding, Newman said, which means that Thompson could be
Thompson could not be reached for comment after his release Thursday.
Poster Child for Ignorance of the Law
April 16th, 2004 United States Distric Court Eastern District of California
"Judge" Frank C. Damrell presiding
Judge: "Mr Thompson, you are the poster child for the ignorance of the law."
Gee, I thought that was kind of a funny remark given that since I'm so ignorant of the law, the Department of Justice won't tell me what it is. It was all I could do was to keep from cracking up at this remark.
As many of you already know, I was captured by the US Marshall Service (Brown Shirts) on April 15th, 2004 for an alleged contempt of court. I will provide details of the ongoing case later in the article. I haven't posted much on this incident because I wanted to take the time to absorb what had happened and I didn't want to be distracted in answering any questions until I could evaluate the situation and act accordingly. So I'm posting this now so that people who were interested in what is happening regarding me can understand it from my viewpoint.
My son Tim and I were planning to go to lunch around 12:30 PM that day, and a suburban with two unidentified men drove up to my driveway and they got out and put my hands behind my back. They did not show any warrant nor did they identify themselves. I struggles a little bit as I didn't know who they were, and one agent said if I continued he would put pepper spray in my eyes. My son Tim was visibly upset and asked them for identification. They told my son, who was 19 years old that if he continued to ask that question, that they would arrest him too. It really takes a real bunch of shmucks to threaten a young man who was simply asking for identification.
I keep asking for the warrant and none was presented.
I was then treated to a ride down to the Sacramento County Jail. I keep asking the agent or whatever you want to call him for the warrant, and he just glared at me. At one point, as I was sitting on a bench in the intake area, the agent told me to slide down to the end of the bench. I thought I would act like a sovereign and I said, "No thanks, I'm comfortable right here." He then grabbed me by the shirt, and slid me down where he wanted me. His veins were buldging from his neck, and he said something like, "Don't f**k with me...this isn't the place for you to screw around, if you want to screw around...we can make it very difficult for you...." I replied, "Are you threatening me?" The agent then backed off a bit and I went to the next processing point. There, they wanted any medical data which I refused to give. I have hypertension, but I didn't want any medication from them, in fact, without a warrant I had no reason to be there in the first place. I was getting some slight chest pains from the experience, but I didn't want anything from these people.
I was then put in a holding cell with about fifteen other prisoners and I waited until they wanted my picture and fingerprints. I didn't want to give them up, so I resisted and pulled my hands back from the machine they use for such purposes. Upon doing that, I had my hands contorted by the officers, by arms twisted like a pretzel until I submitted to having my finger prints and photo taken. As they were twisting my arms, one "officer" said, "You gotta pay your taxes, Thompson." Remember, all of this is over an issue of wanting me to fill out forms that I have no legal duty to do, but I'll comment more on that later.
As I was being marched down another hallway, there was a sheriff deputy that started walking along side. He kept looking over his left shoulder at various intervals. Upon getting to the next processing point he said, "Thompson, I sure hope you're right about the income tax....I just paid those bastards $19,000." I told him amoung other things, that the internal revenue laws were repealed in 1939 and that there isn't any law that requires one to pay such a tax. It's interesting how varied the opinions are within the ranks of the personnel in the "government." Some think I'm a crook and some hope that I am correct.
After all the processing, I was treated to a nice two man suite on the 8th floor where we all were locked down 23 hours out of 24. We got one hour per day to take a shower and make a phone call. The cuisine was bad, but since I'm on a diet anyway, the quality of the food, or lack of it, made it quite easy to stay on the diet. As a matter of fact, it is amazing how well one's body can do without so much food. I already have lost 52 pounds, so I was hoping for another 5 or 6 lost during my stay. I was not disappointed.
Jail food is really something else. These guys go out of their way to make things taste bad. But then again, they really don't care about their customers. Some things that they served couldn't be identified. Some of us were trying to figure out what it was let a lone eat the junk. Is it beef? Is it pork, tofu, chicken, cocker spaniel, German shepard, rattle snake........what?
Sometime before my initial court appearance, a federal defender came in and said that the judge sent him and he wanted to know if I needed a lawyer. I asked him if he knew the difference between a code and a statute. He just looked at me...and I said," I thought so..." "How can you defend me if you don't know the difference?" Whether he knew or not, I can't say. I proceeded to tell him that there is no way he could help me as if he really did put up a good defense for me, he'd lose his bar card. He didn't disagree. He did act as a messenger and delivered whatever paperwork the government had for me. During all this time, no one from the government came in to speak with me.
On April 16th, 2004 I had to get up at 3:00AM to get ready for court at 9:00-11:00AM.
When I went before Judge Damrell, I knew I was in for a lot of problems. Remember, when one goes into federal court, you have the judge, prosecutor, federal defender, and bailiff, all government employees against you. The deck is stacked, and they deal from the bottom.
It is difficult to get up that early, be lead down in chains, wait in a holding cell, and then perform effectively before a judge who does this kind of thing everyday. So one needs to be as prepared as he can be, but experiencing something like this is hard to prepare for.
Here's a short recap of my case. I was presented with a suit for an injunction that would force me to fill out 941s, withhold,W2s, and post court papers in my office. This started around July of 2003.
I had served the court with a plea in abatement, which they eventually struck from the record. I subsequently filled a counter-claim which remains unanswered, and I also file a writ of habeas corpus which also want not answered or responded to. The DOJ then filled for sanctions for filing the plea in abatemenst because as a "pro se" litigant, of which I am not, I should have, according to them, stayed within the boundaries of what they wanted. It didn't matter to them that I was attempting to protect my rights. But these courts simply ignore whatever one files, especially if it is critical of the government.
I was then served with more papers regarding the contempt of court. I had not complied with the order, as I already had a writ of habeas corpus and jurisdiction wasn't proven.
But the court continued to move forward as if I had filed nothing. This is typical and should be noted if anyone thinks that there is any lawful due process going on in these tribunals. I sent back these documents as "Refusal for Cause, Without Dishonor" and I treated them just like I would commercial paper. Well, they obviously can't let me get away with that, so I was captured by the Brown Shirts and taken into captivity.
So around April 20th or there abouts, I had agreed to comply with the order. The order stated that I was to complete accurate returns. That didn't seem so hard if the government would prove that I am an "employer" and a "person" according to the law. The judge told me if I had any kind of questions that I was to direct them to the government. He said, "Any questions are between you and the government." So I agreed to file accurate returns according to the law.
On May 7th, I sent in an urgent message to the Department of Justice requesting certification under the penalty of perjury by a competent witness that I am an "employer" and a "person" according to the law. They must have popped a gasket in Washington and my answer was a call for my second arrest. Rather than provide me with the tools I needed to get the job done, I was threatened with yet again another kidnaping. In addition, I had done this four weeks before the date these returns were due to be filed.
Of course I had a good idea this might happen but I gave the government the benefit of the doubt. My position is that I would do what was lawful and proper and never be a man who is arrogant and just does what he wants because he wants to argue with the government.
I had then filed a notice of default on the Plaintiffs and I did not show up at the scheduled June 25th hearing as I had treated the order as a void order. Apparently a "oral order" for a warrant was put out against me and they took until August 9th to come and pick me up once again for yet another joy ride in the government SUV to the Sacramento county jail.
I was dragged before "judge" Damrell and I was once again told that "You have the keys to the jail....." which is really a pantload as I wasn't the one who arrested myself. I was told that until I complied with his order I would remain imprisioned. I told the "judge" that as far as I am concerned, unless the government could procuce the taxing statute and the substantive regulations, that I could not fill out the IRS forms as it would constitute lying and perjury.
If I recall there was another hearing a few weeks later where I demanded to be released. I had also informed the "judge" that the internal revenue laws were repealed in 1939 and never re-enacted again. He didn't care. He said something to the effect, "the only law that you need to worry about is my law and that you obey my order." So there I was put between a rock and a hard place to say the least. If I were to comply to get out of jail I would have to sign a document under the penalty of perjury of which I would not believe one thing that I would put on it. It gets worse. Even if I wanted to comply, I was expected to complete three or four years returns in a jail cell when all the data was only retrievable by me. We had a short staff do to the difficult business conditions in aviation and there was no possible way to comply if I wanted to. So there I was in Sacramento County Jail going through this and cut off from my family and friends, with the exception of a few phone calls.
Since we were locked down, (remaining in a two man cell) for 22 out of 24 hours, I had to make an incredible mental adjustment from being very active to watching the time go so slow that a day seemed like a year. I started to pray and study the law some more and I had a lot of time to think things out that I wouldn't have otherwise done as I was completely cut off from all distractions. I wouldn't want to repeat the experience, but it was invaluable in learning how to control my mind and stay focused on what needed to be done.
It was also hard early on to get paper and pencil let alone file any court paperwork. But about five weeks into this fiasco, I was able to get the job done, but without the help of any word processor or law library. I had to had write my motions and then make about seven or eight copies by pencil on a white tablet. Needless to say, I had to keep these motions short as I wasn't going to do any 10 or 15 page briefs in pencil. That turned out to be a good thing.
On Sept 17th, I filed a Motion for Release from Jail, Notice of Fraud upon the Court, and something else I can't remember. I filed the document as an Article III, Section 1 Court of Record. This is an unusual move as it shifts the court into the common law. When I had learned this procedure, I was told that it was only for original suits, counterclaims, and writs of habeas corpus. However, I modified this procedure to include any kind of motion I wanted. To understand this information and the difference between nisi prius courts (USDC and courts of record go to http://1215.org) Since I'm the sovereign, I decided to simply proceed in law.
The paperwork wasn't filed into the court until September 29th and the government was ordered to respond by September 20th. The government response was nothing but nonsense and it's hard to believe these US Attorneys graduated from law school. I'm not the sharpest knife in the drawer but I do understand what my rights as a man are and how to secure them to my benefit. The government's focus was how much time it would take in prison it would take for me to decide that I would fill out the forms. It's like wondering how much bamboo under the fingernails will work until I give a confession.
Thus the hearing was set for September 29th, and a lot of my friends and supporters were going to be at the hearing. However, a few days before I got the feeling the court would change the date, and that's exactly what happened. Around 3:00AM Sept 28th, a letter from the USDC was slide under my cell door informing me that the hearing was set on that same day. It was one day early so that not too many people would be in the courtroom. It never ceases to amaze me the lengths these people go to in order to hide their misdeeds.
I was taken in front of the "judge" at about 10:00 AM and what happened next was surreal. The "judge" held up the motion that I filed and then berated me on the style and form, and that he didn't understand hardly anything I stated in the motion. My motion wasn't that difficult and it essentially called for the disclosure, once again, for the taxing statutes and the substantive regulations that applies to me. The "judge" also stated that if this was another kind of case he might have me committed for a mental evaluation. But the hearing was supposedly for whether or not the coercive part of the contempt is doing its job in forcing me to comply. Ms. Graham from the DOJ whined to the "judge" that I was in jail barely three months and that's not enough time to force me to comply and that in fact some contempt cases had gone over a year or maybe two. The "judge" however wasn't buying her argument and decided to release me from jail. But he went on to say that my arguments were "frivolous" when in fact all I was doing was again, asking for the taxing statute.
Now I believe he must have been under pressure because my friends had filed a complaint for false imprisonment, writ of habeas corpus, and a 5th Amendment brief and sent it up to the Supreme Court a week earlier. These were 10 lb packages sent to all nine justices. The same thing went to the 9th Circuit Court of Appeals. These were direct jurisdictional challenges which were of course never answered.
What is difficult about all of this is that we don't know what combination of paperwork worked, but it must have had a cumulative effect. It was outstanding paperwork given the amount of time they had to prepare it for me. And of course my position was simply that I wasn't going to lie on any forms of any kind.
But again, this is a typical example of government arrogance masquerading under the color of law. These courts are evil places to be in and sometimes we can't avoid them when we are taken into custody without lawful warrants, orders, or jurisdiction. It's seems to be based upon raw force of arms and not any lawful reasoning.
So I'm glad to be home and a lot of my friends were very glad and excited for my release. My friend Rick bought me a double Tequila with a salt rim, a beer, and a great Mexican lunch in Sacramento's Old Town.
However, this kind of "judicial" tyranny needs to be corrected. The court system in broken and it is in need of serious repair.
But this was a classic case of the truth versus the lie and of course the truth won out. Yes, I'm worn out from the jail experience. Some have told me that the Sacramento County Jail is one of the worst jails in the world. Some say it has a high suicide rate and it is a very depressing place to be. But my faith in God kept me going and the letters that were sent were very much appreciated.
What seemed to do the job was teamwork. Once we got our system going things happened very fast. Standing upon our rights as free men and women was indespensible in securing my freedom.
Too many in the patriot movement are going into courts wanting to argue their points when these courts won't hear it and can't hear it and the only remedy is simply shifting the burden of proof. It still comes down to the basics. We all are born with rights that come from God and not from any man-made document of law. We must make sure that when we are in the courts that we secure our rights at all costs.
We also cannot stand by will our friends take the hit and we all do nothing but whine about it. We all need more preparation in how to survive trouble when it comes.
Stand on the truth and then let God do the rest.
Sent: Sunday, November 21, 2004 9:00 AM
Subject: Visit with Al
Hi folks. Peter Dorsett and I visited Al last night. I felt very bad when I saw him dragging himself up the stairs to the visiting booth. We had obviously awoken him from a sound sleep. It took a few minutes for him to sweep the cobwebs. He recounted the chase and arrest episode and his "hearing" on Friday.
Apparently he was on his way home to take a shower (felony attempt to shower) when he notice a black Suburban at his house. He had a suspicion who it was and with that had no intent to surrender himself to someone acting under color of authority so he made a "U" turn and headed for the highway to get to the local sheriff's office. He was amazed how fast his Olds Aurora left them in the dust but soon realized that he didn't out run the radio. Soon there were several cars including CHPs. When he got to the former location of the sheriff's office he turned around and remembered that the office had been moved. As he sat wondering what he was going to do the CHPs laid out a tire strip. Al accommodated them and the tires blew. All this time he was making calls to friends. When he found himself surrounded by gun-pointing enforcers he finally surrendered. He said they did NOT abuse him when they realized he was not armed and was not a threat.
He described the hearing as being mostly questions back and forth from the judge and Al. Al asked the judge if this was a judicial court. There was a long no-answer pause and then the judge started getting irritated. (I believe it was judge Schubb) When asked about the court being Maritime, Admiralty, Statutory or whatever, the judge really got ticked and wouldn't answer. Al asked how he was expected to defend himself if he did not know what kind of court this was. The judge asked him if he understood the charges against him and he said "No, absolutely not."
Al will stand firm on his statement that there is no law and that the 1939 repeal leaves the government and the IRS with no case. It looks like round 2 of the same boxing match. He told me to tell everyone hello and other than sleepy he is just fine for now. His new as of May 2005 address is:
Walter Allen Thompson
TAFT CORRECTIONAL INSTITUTION
PO BOX 7001
TAFT, CA 93268
PLEASE write. Some of you will without asking. Others will intend to and not get around to it. If you've been there you know how important it is to receive communication from friends. It doesn't have to be a book. Just let him know you are a friend. He may be there for a long time. He is allowed to receive books sent from Amazon or other such sources but not through our hands. Let's show him some compassion for what he is doing for all of us. Thank you in advance.
Al Thompson recently posted a recapitulation of his experiences over the last few months as Department of Justice oppressors have tried to coerce him into signing government documents under penalty of perjury that he did not believe were true and correct to the best of his knowledge and belief.
Whether or not one agrees with Al's positions on the law, I don't believe anyone can truthfully argue that he has not performed good-faith diligent research and that he truly believes in his position. Given Al's good-faith belief that the information on the documents the government wants him to sign would be untrue, the government simply can not legitimately force him to sign such documents under penalty of perjury. Actually, inducing someone to perjure themselves is called "subornation of perjury" and such conduct is itself a felony crime.
When one stops to think about the provisions in federal tax law that actually require the IRS to prepare a tax return for someone who is required to file such a return but fails to do so, Department of Justice efforts to coerce Al into preparing such returns rather than simply bypassing Al altogether and having an IRS agent prepare the returns is telling indeed.
Why such herculean efforts to coerce Al into signing these documents when the law allows the government to bypass Al altogether (bypass Al, that is, if the government is acting legitimately in the first place)? Why the hesitancy on the part of the Department of Justice to provide to the court and to Al the taxing statute(s) and substantive regulation(s) requiring him to do these things they demand? Could it be that of the thousands of IRS agents in California there is not one that will sign the forms the government is trying to coerce Al into signing? Could it be that of the hundreds of Department of Justice attorneys there is not one who can provide the court and Al with the taxing statute(s) and substantive regulation(s) designating him as the person required to prepare and sign the forms in question?
Doesn't Al's ordeal illustrate that our contemporary income tax system IS WITHOUT A DOUBT based on "gun to the head" and "lock you up and throw away the key" tactics rather than laws passed by the legislative branch and signed by the executive branch? Am I the only American who was taught in elementary and high school that "gun to the head" and "lock you up and throw away the key" tactics were praticed only in Nazi Germany or behind the "Iron Curtain" or by third-world dictators but not in the land of the free and the home of the brave?
OPEN LETTER TO EVERYONE
By Al Thompson 1-30-2005
"The verdict came in by the jury and I was acquitted on the Title 18 §371 conspiracy charge, which incidentally contained most of the allegedly condemning evidence against "me". However, I was found "guilty" on all of the other charges, at Title 18 §287 and Title 26 §7202. These involved "willfully making a false return"(s) and "failure to file and pay over taxes". While the government couldn't prove any of the elements of conspiracy, somehow, magically, they got a conviction with no supporting evidence of any liability that was binding on "me".
I had used the "861" position early on and while I had some differences with Larken Rose on jurisdictional issues, I felt that this position was and still is the only clear way to demonstrate non liability to the jury. I simplified it because when I looked at my jury I knew I could not get too crazy with all of the detail Larken put into his piece.
My position is and always has been that the Codes show that non resident aliens and U.S. Citizens with foreign source income may have an income tax liability.
Now, I do not want to get into all the detail of §861 as Larken and others have done a fine job. However, no matter how strong the argument is, it always loses because the courts do not disclose what kind of proceeding one is in and it is almost impossible to defend oneself without knowing the nature and cause of the action against him. Whatever way you want to attack the liability, whether it be jurisdiction, §861, Repeal of the 1939 Code, non resident alien, etc., these will all get shot down because the "kangaroo" court will only let you argue willfulness the underlying liability is presumed by the court. This of course prejudices the jury, and even if I had been acquitted on all counts, the government would still come after me with a "civil" action.
I was not allowed to question my witnesses about what the law says. Remember that. I could only question my witnesses to the extent of my "state of mind" in regard to "willfulness". The government does not look to the law, presuming the liability is already there and now all it has to do is to prove I did it willfully.
A reasonable person would attack the liability first. If proven wrong, then one could try to defend the issue of willfulness. The liability was never proven in this case. How could I argue willfulness unless a liability was proven? I did not see the point because it puts the defendant in a position of weakness right from the beginning. Arguing willfulness assumes the existence of liability and puts one in the position of groveling in front of the jury making all kinds of excuses as to why he did not do "it" willfully.
In my case, I attacked the liability the best I could, but only within the limited context of my "state of mind" as it relates to willfulness. This court imposed limitation is a gross violation of constitutional due process. "Tax Protesters" get processed, but not due process.
However, the real damage occurred during jury instructions. The judge and prosecution put in the text of Sections 1, 61, and 63 of Title 26. Now, for my case to fly on §861 the list of sources needed to be put into the jury instructions. I wanted 26 CFR §§ 1 and 861.8(F)(1) to be put into their instructions the judge refused and I objected. The case was most likely lost right there along with the other issue of willfulness.
Fatigue was also a major factor. I had to get up at 4:00 a.m., go downstairs and get chained around 6:30 a.m., put in a holding tank and sit until trial time at 9:00 a.m.. So there was five hours of boredom before the trial started. I caught most of the errors in the process but I may have missed a few. I am not complaining, but I am letting you know what I was up against.
My only other option was to wait for Joe Banister to be ready in June. I decided to go for the "speedy" trial "lynching".
The critical source list on 26 CFR §1.861-8(F)(1) was left out of the jury instructions intentionally. The judge and prosecution intentionally concealed evidence from the jury to achieve the outcome that they wanted. This is almost impossible to defend against and that is why "Patriots" almost always lose They will not allow a meaningful hearing regarding the underlying liability for the tax.
After reviewing §861 again, since I have not read it for a few years, I think it is the best way to prove non liability. It is simple, clean, and, it can be pointed to in a book. Had I been in a real court, the outcome would had been better. When the "judge" controls what evidence the jury sees, it doesn't take a rocket scientist to know that the outcome of the trial will be prejudiced against the defendant whose evidence was concealed. Of course, this was a fraud upon the court for the prosecution contesting the §861 jury instructions no matter what kind of court this was. It was concealed evidence via the jury instructions. Before, I could never figure out how "Patriots" lose these cases. Now I know and I'll make my adjustments.
I did not want to go to trial without knowing the nature and cause of the accusations against me. I never made a plea. I was just simply "steamrolled" into a trial. I tried to preserve my rights, but those rights were trampled on by the "court".
Five employees of the IRS testified and when examined not one of them tried to identify any taxing statute that applied to me with the exception of one who said that Title 26 Sec. 1 attached to me, but we know this is a mistake at law (and, that Section of the Code was not given to the jury.)
Two IRS agents admitted that the definition of "employee" did not attach to the people working at Cencal, yet I still got convicted at §7202. Two enrolled agents could not identify the liability along with one CPA. None of them could identify any liability.
Thus there is clear legal error that cannot be completely avoided in this case. I do believe the concealing of 26 CFR §1.861-8(F)(1) contributed to the conviction regarding the other charges.
Frankly, I am surprised I was acquitted on the conspiracy charge. I made an "excellent" opening statement and a "good" closing statement. So, overall, given the conditions, it was okay. But when forced to argue willfulness sets one up for a big fall. If our opponents knew they were going into a fair fight, the "Patriots" would crush them and they know it. That is why they must cheat.
There is nothing wrong with anyone's arguments for the most part. Everyone makes good points. The problem is that the government denies lawful due process and the system perpetuated as a result. We can only pray and hope that there are a few honest people left in the courts who will see the value of the truth.
I remain optimistic for the future as people like you and me stand up for the truth and hold these people accountable.
Regarding this tax issue, I think people should stop fighting amongst themselves and unite to make our cause known. It isn't the type of argument that is at fault. When the courts withhold evidence within the jury instructions, then the case is highly prejudiced and the verdict becomes null and void. By controlling the evidence or jury instructions, the judge controls the outcome of the case and the jury is just more actors in the show.
This is the problem with nisi prius courts, but even at that, the concealing of evidence whether direct or indirect as in jury instructions will most definitely prejudice a case.
This is what I believe happened to me."
Please send your comments to:
Walter Allen, Thompson #4028467
651 I Street 5E 103
Sacramento, California 95814