John Q. Doe, Sui Juris c/o general delivery Anytown [zip code exempt] OKLAHOMA STATE In Propria Persona All Rights Reserved without prejudice IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA Innocent Victim ) Case No. 95-04056-W ) Debtor/Plaintiff ) (Chapter 13) ) v. ) MOTION FOR DISCOVERY ) Internal Revenue Service; ) Bankruptcy Trustee's Office; ) Oklahoma Tax Commission; ) Judge Mickey D. Wilson; and ) DOE defendants 1-10; ) ) Defendants. ) ______________________________) Comes not the Debtor/Plaintiff, Innocent Victim, a Citizen of Oklahoma state, one of the several States party to the Constitution for the United States of America, who has entered the United States Bankruptcy Court under necessity, where it is believed that the Bankruptcy Court operates under Congress' Article IV legislative jurisdiction relating to the geographical United States, inclusive the District of Columbia, Puerto Rico, Guam, etc., but exclusive of the several States, Oklahoma included, with jurisdiction in the several States limited by law to federal enclaves, as specified at 18 USC § 7(3). Motion for Discovery in Bankruptcy Court: Page 1 of 5 The Debtor/Plaintiff stipulates that he is not a Fourteenth Amendment citizen-subject of the United States, and he is not a resident alien of the geographical United States, as the term is defined in Vol. 68A of the Statutes at Large, the Internal Revenue Code of 1954, as amended in 1986 and since. Of particular note where the instant matter is concerned, the Debtor/Plaintiff is not an officer, agent or employee of an agency of the United States; he is not an agency of the United States; and he is not a paymaster, fiduciary, or agent responsible for withholding tax at the source, and is, therefore, not "the person liable" or "the person made liable", as described in §§ 3403 & 3404 of Vol. 68A of the Statutes at Large, the Internal Revenue Code. In order to support the Debtor/Plaintiff's position, the Court will please reference an attached exhibit, a copy of a "Public Notice" memorandum pertaining to the Internal Revenue Service and Internal Revenue Code (Exhibit A), constructed by Dan Meador of Ponca City, Oklahoma state. Said memorandum is being published in the several States, with first appearance having been on June 12, 1996, in The Deshler Ruslter, a Nebraska weekly (FAX copy of Affidavit of Publication, Exhibit B). Said memorandum has been published in Oklahoma, Nebraska, Montana and other states, and until Service principals rebut matters presented therein, with positions supported by legal authorities sufficient to overcome allegations therein, it will be construed as presumed fact for all legal purposes. Motion for Discovery in Bankruptcy Court: Page 2 of 5 Where the instant matter is concerned, elements of the memorandum support Debtor/Plaintiff's demand for production of certain documents and authorities to be entered into record by Service principals. Debtor/Plaintiff demands that Service Principals provide documents and/or authorities as follows: 1. Cite the taxing statute which identifies the transaction, service or object of the tax which has been assessed (United States v. Community TV, Inc., 327 F.2d 797, at p. 800 (1964); Hassett v. Welch, 303 U.S. 303, 58 S.Ct. 559, 82 L.Ed 858). 2. In accordance with provisions of 26 USC § 6001, produce a certified copy of the notice to Debtor/Plaintiff that he is required to keep books and records and file return reports, which complies with provisions of 26 CFR § 301.7512-1(a), or cite the regulation published in the Federal Register which extends general application of the taxing statute identified in #1 of this list. 3. Furnish a properly executed Form 23C which authorizes Service personnel to assess and collect tax from Debtor/Plaintiff. 4. The following provisions are published in the Federal Register as authorization for levy and distraint under 26 USC § 6331, as relates to authority of Subtitles A & C of the Internal Revenue Code: 26 CFR § 301.6331-1(a) Levy and distraint (4) Certain types of compensation -- (i) Federal employees. Levy may be made upon the salary or wages of any officer or employee (including members of the Armed Forces), or elected or appointed official, of the United States, the District of Columbia, or any agency or instrumentality of either, by serving a notice of levy on the employer of the delinquent taxpayer. As used in this subdivision, the term "employer" means (a) the officer or employee of the United States, the District of Columbia, or of the agency or instrumentality of the United States or the District of Columbia, who has control of the payment of the wages, or (b) any other officer or employee designated by the head of the branch, department, agency, or instrumentality of the United States or of the District of Columbia as the party upon whom service of the notice of levy may be made. If the head of such branch, department, agency or instrumentality designates an officer or employee other than one who has control of the payment of the wages, as the party upon whom service of the notice of levy may be made, such head shall promptly notify the Commissioner of the name and address of each officer or employee so designated and the scope or extent of his authority as such designee. Motion for Discovery in Bankruptcy Court: Page 3 of 5 (ii) State and municipal employees. Salaries, wages, or other compensation of any officer, employee, or elected or appointed official of a State or Territory, or of any agency, instrumentality, or political subdivision thereof, are also subject to levy to enforce collection of any Federal Tax. (iii) Seamen. Notwithstanding the provisions of section 12 of the Seamen's Act of 1915 (46 U.S.C. 601), wages of seamen, apprentice seamen, or fishermen employed on fishing vessels are subject to levy. See section 6334(c). Where the instant matter is concerned, Service principals will cite and produce into the official Court record, any and all regulatory authority(s) which extend beyond this authorization to the several States and the population at large. 5. The Service alleges authority to initiate administrative assessment and collection activity under "1040 Form" filings, etc., but to date, no delegation order authorizing the Service to initiate these activities under "1040" authority is in evidence. In fact, the memorandum numbered Exhibit A, on page 6, identifies Delegation Order 182 as being the only such order thus far located, which authorizes assessment and collection by return forms, with the forms specifically identified being the 941, 720, 2290, CT-1, 11-B, and 943. Motion for Discovery in Bankruptcy Court: Page 4 of 5 This complies with provisions of 26 CFR § 601.401, which specifies that the "employer" is responsible for collecting income and related tax at the source, then filing return reports, where the only "employee" report, other than to the "employer", is filed when a citizen or resident of the United States, living abroad, is employed by two or more employers, with income effectively connected to the United States. Then the return report is voluntary and is filed merely to collect refunds for over-payment of employment tax (Social Security or railroad retirement). To date, as the memorandum specifies, reporting instructions for United States citizens and residents of the Virgin Islands living abroad is the only official publication known specifically to authorize filing 1040 return reports. Further, consult United States v. O'Dell, Case No. 10188, Sixth Circuit, March 10, 1947, for confirmation that filing of 1040 tax return forms is voluntary (although various decisions have alleged that the Internal Revenue Code has been changed since 1947, the memorandum included as an exhibit demonstrates that the 1040 is still a voluntary return for specific limited purposes). Service principals will enter into evidence authority to assess and collect tax via the 1040 tax return form. VERIFICATION By my signature, I attest under penalties of perjury, per 28 USC § 1746(1), that matters of fact and law presented herein are to the best of my current knowledge and understanding accurate and true. Motion for Discovery in Bankruptcy Court: Page 5 of 5 # # #
Return to Table of Contents