IRWIN SCHIFF vs B OF A November 13th 2001 Clark County Court Las Vegas NV
Holding up the Internal Revenue Code to the bench, Schiff said. "If you can show me in this Internal Revenue Code where it gives the IRS any authority to seize property, I'll withdraw my lawsuit." Judge Earl declined Schiff's offer.
Schiff claimed that by turning over his money pursuant to a Notice of Levy - the Bank of America violated both federal and Nevada law.
The money at issue is based on traditional returns Schiff was coerced into filing during a 1990 probation hearing and has nothing to do with years in which he has filed his popular "zero" return - as explained in his latest book, The Federal Mafia: How the Government Illegally Imposes and Collects Income Taxes.
The "zero" return allows taxpayers to file 1040's, reporting "zero" income (regardless of how much money they might have earned for that year) and even claim a refund of all the income taxes they might have paid in that year.
Schiff believes that by winning this lawsuit and collecting triple damages as a result of the Bank's negligence, he will put an end to the IRS' ability to extort billions from the American public with these fraudulent notices.
"The only reason that the IRS has been able to get away with it, is because of the culpability of America's lawyers, who allow the IRS to do it." While Schiff is not a lawyer, he has over 500,000 books in circulation on the income tax and related subject.
Numerous students of Mr. Schiff filled the Courtroom, including some who came from out of State to witness the proceedings. Case No. A-440323. Irwin Schiff v. Bank of America. Clark County District Court. Department 19. 200 South Third Street. Las Vegas, NV. 89101
FOR MORE INFORMATION CONTACT: MR. COHEN at FREEDOM BOOKS: (702) 385-6920 OR FAX: (702) 385-6917
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Press Release
Judge Refuses to Dismiss Taxpayer Lawsuit Against Bank of America
Irwin Schiff who is regarded by many as being the Nation's leading authority on the income tax is suing the Bank of America for triple damages for turning over approximately $8,000 of his money to the IRS in response to a Notice a Levy. Third parties, such as banks
and employers, that turn over bank accounts and wages to the IRS
in response to IRS Notices of Levy are used to having suits brought against them for doing so summarily dismissed.
That was not the case on November 13, 2001 in Clark County District Court, Las Vegas, Nevada. Judge Earl refused to grant the Bank of America's motion to dismiss this lawsuit. In his lawsuit, Schiff claimed that James Gritis the IRS agent who sent the Notice of Levy had no authority to do so. Schiff pointed out, to the surprise of the Court, that federal law does not give the IRS authority to seize property in payment of income taxes.