Here's a report from the National Law Journal: http://www.nlj.com/special/042803book.shtml And a previous Politech message: http://www.politechbot.com/p-04607.html -Declan --- Date: Wed, 07 May 2003 00:59:47 -0700 Subject: Irwin Schiff PRESS RELEASE 1st Amendment Book-Banning Case From: Cindy Neun <c.smithat_private> To: <declanat_private> NEWS RELEASE NEWS RELEASE NEWS RELEASE FOR IMMEDIATE RELEASE Sunday, May 04, 2003 FOR MORE INFORMATION Call Irwin Schiff (Freedom Books) 702-385-6920 or, 702-457-4851 www.// paynoincometax.com NATIONAL ORGANIZATIONS JOIN IN OPPOSING BANNING BOOK NOW SELLING FOR $100-$300 ON E-BAY The temporary restraining order issued by Senior U. S. District Judge Lloyd George on March 19, 2003 enjoining Irwin Schiff from selling his $38.00 book The Federal Mafia: How the Government Illegally Imposes and Unlawfully Collects Income Taxes, And How Americans Can Fight Back has resulted in that book being sold from $100 to $300 on E-Bay. In addition four national organizations joined the ACLUs Post Hearing Brief filed on May 1, 2003, opposing the Federal governments attempt to ban Schiffs book. They are: the Association of American Publishers, the American Booksellers Foundation for Free Expression, the Freedom to Read Foundation of the American Library Association, and the PEN American Center. The PEN American Center is a professional association of over 2,600 literary writers (poets, playwrights, essayists, editors, and novelists) that promotes literature and seeks to protect free expression by mobilizing the literary community to defend the First Amendment whenever it comes under attack, as is the case here. As incredible as it sounds, in order for the Government to justify banning The Federal Mafia, it had to claim it was not really a book at all, but an abusive tax shelter. That claim was nonsense for a variety of reasons, two of them being: 1) all tax shelters (be they abusive or non-abusive) are designed to generate deductions so as to lower the tax due. Zero return filers, as explained in Schiffs book, take no deductions at all, so, obviously, no shelter is involved. Secondly, zero return filers claim they receive no taxable income at all (and support that claim with 10 Supreme Court cases), therefore, Schiff argued to Senior U. S. District Judge Lloyd George, Why would I sell, and my informed readers buy, an entity, plan, or arrangementto shelter incomethey know they dont have? Schiff even attached to his Brief copies of refund checks received by zero return filers. One check, received by Las Vegan, Calvin P. Border (now known as 41 K Cal ) was for $41, 276.54, and represented a full refund of all the income taxes he paid for 5 years, including $6,880.84 in interest. In addition, Schiff attached checks totaling over $61,000 received by a zero filer for the years 1998 and 1999, which included $2,140.97 in interest. Schiff pointed out in his own Post Hearing Brief, The Government wants to ban The Federal Mafia because it does not want the public to find out that it doesnt need an entity, plan or arrangement to shield their income from taxation because their income is automatically shielded from taxation merely based on the provisions of the law itself. And the Government does not want the public to know this, and to know how individuals can file a totally truthful and legitimate income tax return - in under 10 minutes - which allows them to avoid paying a tax (which no law requires them to pay anyway) while providing them with a substantial amount of protection from the kinds of illegal, criminal prosecutions that the Justice Department brings against others who file traditional returns or who file no returns at all. At the Preliminary Injunction hearing held on April 11, 2003, Schiffs three witnesses (thats all the Judge would allow Schiff to put on, though he was prepared to call others) testified that they did not buy an entity, plan, or arrangement from Schiff, but his book merely led them to the law which convinced them that: 1) no law made them liable for income taxes; 2) no law required them to pay income taxes; and 3) they had no income that was legally taxable. Schiff asked two of his witnesses Would go back to paying income taxes, if, on cross-examination, the Government showed you a law that made you liablefor income taxes? and both witnesses said, Yes. However, U.S. Attorney, Evan J. Davis did not show them any such law on cross- examination, though he was now duty bound, Schiff claims, to do so. Nor did he challenge their testimony in any way. Indeed, the Government did not put on one witness of its own, or cross-examine Schiff or any of his witnesses on any basis, though Schiff repeatedly asked him to do so. Therefore, Schiff asked Judge George in his brief, Since the Government did not put on one witness of its own who testified about anything, nor challenge any of the testimony of any defense witness (including Schiff) & why did the Government bother showing up for the preliminary hearing ? Now, you can hear this incredible, 3 hour hearing in its entirety on Schiffs website paynoincometax.com. ##################### [] ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. ------------------------------------------------------------------------- To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ Like Politech? Make a donation here: http://www.politechbot.com/donate/ -------------------------------------------------------------------------
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