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How To STOP The IRS

continued from How to STOP the IRS 

The change continued in 2007, after the Supreme Court decided that “failure to plead exhaustion” in the complaint was not, in and of itself, a basis for dismissal unless the statute said so in express terms.  This resulted in one D.C. district judge reinstating a number of cases he had dismissed for that very reason (one of which he’d dismissed 18 months before). 

Meanwhile, the Plaintiffs – all individuals bringing their own cases – had been arguing that the regulation at issue was of a type that could only be applied to IRS, and not to Citizens seeking redress.  Although too technical to describe at length here, the gist of the issue is that there are 2 types of federal regulations: “substantive” (or “legislative”), and “interpretative” (or “procedural”).  The former “have the force and effect of law”, and the latter do not.  The Plaintiffs argued that the regulation at issue was of the latter type.  Predictably, the government disagreed, and, as predictably, the district court sided with the government.

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Based on more than 30,000 hours of personal research into the research of countless predecessors, this interactive CD-ROM trains you, the free-thinking Citizen, through hyperlinks, on the effective use of all 12 Acts of Congress, the Internal Revenue Code, and all applicable regulations, to require IRS to produce evidence that all requirements of all laws and all regulations were met to protect your rights and Liberties.

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POINTS OF AUTHORITY (continued from above)

Shortly after the Opening Briefs were filed in these five appeals, these Appellants discovered an article published in the Notre Dame Law Review that agreed with what they’d been arguing all along. 

Entitled “COLORING OUTSIDE THE LINES: EXAMINING TREASURY’S (LACK OF) COMPLIANCE WITH ADMINISTRATIVE PROCEDURE ACT RULEMAKING REQUIREMENTS”, published in 2008, a University of Minnesota Law School Associate Professor of Law pointed out no less than 13 times that the Department of Treasury, and IRS, insist that “…most Treasury regulations are interpretative…” , and she cites the INTERNAL REVENUE MANUAL, in three different places, saying “Interpretative rules are not subject” to the APA’s rulemaking provisions, noting that “the Internal Revenue Manual tells drafters of final regulations deemed interpretative to include…a conclusory statement that, “[i]t has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to this regulation”; the same language used in the regulation at issue.

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