The Tax Freedom 101 Report
*Updates* - *News* - *Information*
- June 20, 2000 - The Constitutional Revival Movement's News Source This weekly e-newsletter contains:
UPDATES:
* Have Your Tax Questions Answered Every Wednesday from 4 to 5
* Last Week a Major Victory for the Citizens of the State of Tennessee
NEWS:
* Your Church Under Attack
* Tax Freedom 101 Commentary
INFORMATION:
* How to Handle a Court-Ordered IRS Meeting
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UPDATES:
* Have Your Tax Questions Answered Every Wednesday from 4 to 5
The founder and fiduciary, John B. Kotmair, Jr. of the Save-A-Patriot Fellowship is the special guest of Sab Cupelli, "The #1 Enemy of the State" on the Liberty Works Radio Network. Every Wednesday from 4 to 5 pm eastern standard time Sab interviews John on issues regarding taxation, social security, and the law in general. If you have a specific question about the tax law that requires an answer, call in on our toll free talk show number at 1-888-999-1787 any time between 4 and 5 pm. Who knows, the answer you receive may also benefit the other thousands of listeners that day.
NASHVILLE, Tenn. -- Police cars blockaded Tennessee state Capitol entrances and troopers patrolled legislative hallways this week as the state legislature found itself under siege by thousands of angry taxpayers upset at a plan to implement a state income tax.
Tennessee is currently one of only nine states without a state income tax. Opponents of the measure, which would assess a 5 percent tax on any income above $100,000, are skeptical that legislators would maintain that high an exemption threshold for very long.
NASHVILLE, Tenn. -- In an apparent attempt at retaliation against local talk show hosts for their major role in beating back a proposed state income tax earlier this week, Tennessee lawmakers yesterday considered imposing another new tax -- on talk radio.
"They clearly want to punish us for putting a stop to their plans to shove the income tax down the throats of Tennessee families," WLAC host Phil Valentine remarked before the vote yesterday. "The empire is striking back."
* Tax Freedom 101 Commentary To Be or Not to Be, Tax Exempt that Is!
Is the threat of revoking a church's 501(c)3 tax-exempt status by the IRS an act of subtle censorship and control? Has a church violated the first amendment if it engages in political activity, or speaks-out against certain sins which have political overtones? No. Has the church violated the IRS' rules with respect to its privileged tax exemption? Yes.
It is plain as day to see that exchanging natural rights like those contained within the First Amendment for government "privileges" (i.e a pseudo tax-exempt status) is a bad trade off for real churches. Rights cannot be taxed, so the wicked in power had to con Christ's church into accepting a "benefit" from government to remedy the exclusivity of the church's true standing with respect to taxation.
It is true that rights can't be taxed but privileges can be, and that Churches have fallen prey to government intrusion by their own act of accepting something from government which they already had, that being true tax-exemption.
But what if your church did lose its tax-exempt status? Would that be a bad thing? On the contrary! Learn if your Church has exchanged her natural rights for government benefits and thus conditionally censored itself, and what you can do about it.
Visit the on-line resource library containing Real Audio and Video files on this subject. Browse on over to www.taxfreedom101.com/pages/avclips.htm and listen to Pastor Mahonri Faber's lecture titled: "Does the Church Serve Caesar?" and then listen to what Patrick Henry the drafter of the first amendment had to say.
INFORMATION:
* How to Handle a Court-Ordered IRS Meeting
In the coming weeks we will be publishing reprints of articles found in the Liberty Tree. The following article was mailed to all members of the Save-A-Patriot Fellowship via the members assistance program back in September of 1999. Non-members do not have access to much of the information and cutting edge education provided by the fellowship. In the coming months we hope to reproduce other articles from the case work department and paralegals of the Save-A-Patriot Fellowship and make them available through the Tax Freedom 101 Report.
THE LIBERTY TREE Vol. 2 Number 9 - September 1999 How to Handle a Court-Ordered IRS Meeting
By John B. Kotmair, Jr., SAPF Founder and Fiduciary
Recently, one of the Fellowship's paralegals came into my office and inquired about the best way to handle a show cause hearing for civil contempt. One of our members was ordered by a federal judge to appear before and produce records for the Internal Revenue Service. Although the member was instructed on how to properly exercise his 5th Amendment Right, like most, he did not bother with the trouble of following the somewhat tedious steps involved. He just went to the IRS and told them, "if you want the records, give me immunity. " Everyone wants the "short cut." Why not, after all, doesn't the 4th Amendment guarantee us the right to privacy?
Well, now this member has a very difficult time with the Judge and the U.S. Attorney interfering with him trying to exercise his Rights. He is going to have to fence with these two menacing opponents to try and get the IRS agent on the stand, and that's going to be hard to do. The reason for getting the IRS agents on the witness stand is so that they can be asked the questions they should have been asked in the IRS office.
To help prevent the reoccurrence of this problem, we're going to re-print here the proper way to handle the situation at the IRS office.
WHEN SUMMONED OR ORDERED BY A COURT TO APPEAR BEFORE A GOVERNMENT AGENCY, WRITE A LETTER TO THOSE SUMMONING YOU ASKING FOR THE FOLLOWING INFORMATION AND NOTIFYING THEM OF YOUR REQUIREMENTS:
1. Ask them to provide specific information as to what information they wish. Also ask for a copy of the guidelines for the meeting. Assure them that you wish to cooperate in every way possible, but you will insist that they follow the law.
2. Notify them that you will be bringing your tape recorder because you intend to record the proceedings.
3. Notify them that you will bring at least two witnesses.
4. Ask for the bond numbers of all agents who will have access to the information they are demanding.
5. Ask them for a copy of their delegation orders.
AT THE MEETING
1. Start your tape recorder before entering the IRS meeting room. Do not announce to the IRS employees that your tape recorder is running. If they contend that the meeting cannot be recorded, don't argue, just leave the recorder on. If this is the case, make sure the agents cannot see that the recorder is on.
2. Demand to see identification of each agent present, their Agency Identification Card. You do not have to identify your witnesses, but there is no real reason why they should fear being identified.
3. When and if they ask you if the briefcase, bag, or box that you have contains the records requested, answer that before any records can be surrendered a couple of questions must be asked and answered. Without hesitation, ask them if any of the information contained in the records they are requesting to be surrendered can be used against you in a criminal proceeding. They most likely will try not to answer, i.e., "this is not a criminal investigation," etc. Keep asking them until they admit that the information can be used against you criminally.
4. Then ask them, considering the fact that any of the information surrendered can be used against you criminally, is there any law that would require you to supply information even though the information could be used against you criminally. Keep asking them until they answer that there is no such law.
5. Then ask them if they would seek a written grant of immunity from a person authorized to issue it. When they answer that they are not so willing, then you advise them that you will not waive your 5th Amendment privilege. (You are protected by the 4th and 5th Amendments of the U.S. Constitution)
4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…"
5th Amendment: "No person shall be…compelled in any criminal case to be a witness against himself…"
6. At this point they may terminate the meeting, or they may ask you questions. If they start asking you it is most probable that they are trying to get you to take what the courts call a "blanket 5th." If you do, that would nullify your effort! If the questions they ask are of no consequence, such as your name, answer them. If any question is about your business, financial matters, or remotely related thereto, you answer: "I respectfully refuse to waive any of my 5th Amendment privileges." If they ask you if you are going to answer every one of their questions by "taking the 5th," answer: "I don't know, you have not asked the questions yet." Seeing that they cannot trick you into taking a blanket 5th, they will probably terminate the meeting.
7. When they terminate the meeting, tell them that you have responded to the summons and ask them to agree to that fact for the record.
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Dear Netizen: Are you enjoying The Tax Freedom 101 Report? You are. Great! Then why don't you recommend this newsletter to a friend or two. They don't have to be a crazed liberty-lovin "extremist" like you and me - even raging communists enjoy reading our newsletter! The forward button is just a click away...
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Those who will not reason, are bigots, those who cannot, are fools, and those who dare not, are slaves. --George Gordon Noel Byron (1788-1824), [Lord Byron]
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