[Politech] Irwin Schiff's PayNoIncomeTax.com gets no help from 9th Circuit [fs]

From: Declan McCullagh (declan@private)
Date: Tue Aug 10 2004 - 06:19:59 PDT


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>_____________________________________________________________________________
>FOR IMMEDIATE RELEASE                          TAX
>MONDAY, AUGUST 9, 2004                                    (202) 514-2007
>WWW.USDOJ.GOV 
>TDD (202) 514-1888
>
>NINTH CIRCUIT AFFIRMS ORDER ENJOINING IRWIN SCHIFF
>AND TWO ASSOCIATES
>
>Tax-Scheme Promoters Barred from Selling Tax-Scheme Materials
>
>WASHINGTON D.C. -  The United States Court of Appeals for the Ninth 
>Circuit today affirmed a federal district court preliminary injunction 
>barring Irwin Schiff and two associates, Cynthia Neun and Lawrence N. 
>Cohen, from selling their tax scheme, which according to the court's 
>holding fraudulently claims that paying federal income tax is voluntary. 
>The preliminary injunction 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 preliminary injunction also requires Schiff, Neun, and Cohen to 
>provide a copy of it to each of their customers, to post it on their 
>websites, and to provide the government with a list of their customers.
>The Ninth Circuit rejected Schiff's contention, also asserted by the 
>American Civil Liberties Union in a "friend of the court" brief, that the 
>injunction violated the First Amendment because it prohibited the sale of 
>Schiff's book, The Federal Mafia.  The court held that the portions of the 
>book that the government sought to enjoin were "fraudulent commercial 
>speech" and as such were not protected by the First Amendment.  The 
>appeals court also held that it was not a violation of the First Amendment 
>for the lower court to require Schiff to post the injunction on his website.
>"Today's decision affirms the government's ability to take action against 
>tax scams," said Eileen J. O'Connor, Assistant Attorney General for the 
>Justice Department's Tax Division. "As the Supreme Court recently held in 
>a unanimous decision, 'the First Amendment does not shield fraud.'"
>In issuing the preliminary injunction, the United States District Court 
>for the District of Nevada had 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."
>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>
>
>###
>04-551
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