In the Tenth Circuit Court of Appeals
Sitting as an Article III court of the United States
Dan Leslie, Meador, and ) Case No. _____________________
)
) Application for Writ
) of Habeas Corpus
Wayne Richard, Gunwall, ) AUTHORITY:
) Art. I § 9.2; Art. III § 2.1
) "arising under" clause;
) First Amendment;
Plaintiffs, ) Fourth Amendment;
) Fifth Amendment;
) Sixth Amendment;
) Seventh Amendment;
v. ) Tenth Amendment;
) Rule of Necessity.
) ACTION AGAINST: 96-CR-82-C &
Stephen C. Lewis, ) 96-CR-113-C,
) United States District Court,
) Northern District of Oklahoma.
Defendant. )
______________________________)
Supplemental Pleading
Application for Writ of Habeas Corpus
Now comes Dan Leslie Meador, as and for himself and his next
friend, Wayne Richard, Gunwall, to enter this supplemental
pleading and attending exhibits in support of Plaintiffs'
original Application for Writ of Habeas Corpus. The reason for
addition is that evidence supporting this supplemental pleading
was not secured until Friday, May 16, 1997, at a time which was
too late to construct the pleading and get in the mail on Friday
or Saturday of the week immediately past.
The exhibits are as follows: A cover letter to Plaintiff
from David K. Smith, the State-Federal Coordinator for the
Oklahoma Tax Commission, a true and correct copy of the Agreement
on Coordination of Tax Administration executed in 1982-83 between
a former commissioner of the Oklahoma Tax Commission and a former
Dan Leslie, Meador, et al. v. Stephen C. Lewis:
Page 1 of 7
Commissioner of Internal Revenue, and a response letter from
Plaintiff to Robert E. Anderson, chairman of the Oklahoma Tax
Commission. I, Dan Meador, attest herewith that all three of
these documents are true and correct copies of originals - the
Agreement on Coordination of Tax Administration is certified by a
Ms. Stewart, an assistant secretary of the Oklahoma Tax
Commission.
Plaintiffs herewith adopt all averments pertaining to law
and fact set forth in the May 17, 1997, letter from Dan Meador to
Chairman Anderson, and hereby incorporate these matters into this
pleading.
Plaintiffs allege and believe the Agreement on Coordination
of Tax Administration was executed without authorization under
State of Oklahoma law and without authorization of laws of the
United States as both authorize the Secretary of the Treasury to
enter such agreements, not the Commissioner of Internal Revenue,
and there is no authority for the Secretary of the Treasury to
delegate this authority to the Commissioner in the geographical
United States. Further, statutes in Title 5 of the United States
Code make it perfectly clear that these agreements, when properly
executed, apply only to Federal officers and employees liable for
tax prescribed in Subtitles A & C of the Internal Revenue Code,
with Treasury Department (General Accounting Office)
administration and enforcement authority being limited to Federal
agencies, as defined at 5 U.S.C. §§ 5517 & 5520, there is no
grant of Federal authority to administer state qualified taxes
beyond Federal jurisdiction and as such taxes might apply to
people other than Federal employees.
Dan Leslie, Meador, et al. v. Stephen C. Lewis:
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Plaintiffs reiterate that the Internal Revenue Service is
not an agency of the United States Department of the Treasury (31
U.S.C. §§ 301-310), but as successor of the Bureau of Internal
Revenue, is an agency of the Department of the Treasury, Puerto
Rico, with authority only in United States off-shore territories
(Puerto Rico, Guam & American Samoa; see Internal Revenue Code §
7701(a)(12)(B)), and that the Commissioner of Internal Revenue,
originally in the Treasury Department when created via Act of
1862, is now an office in the Department of the Treasury (I.R.C.
§ 7802), but not the United States Department of the Treasury (31
U.S.C. §§ 301-310), who has authority only in United States
maritime and territorial jurisdiction (T.D.O. No. 150-42 (1953),
as amended by T.D.O. No. 150-01 (1986)), under authority of
Executive Order No. 10289 (see 26 CFR, Part 301.7621-1).
Plaintiffs allege that this Order is not applicable to the Union
of several States party to the Constitution of the United States,
nor does it convey authority relating to I.R.C. Subtitle A & C
taxing authority.
Rather, when and if the Secretary of the Treasury enters
agreements to collect qualified state, city, or county tax for
Federal States subject to Congress Article IV § 3.2 legislative
jurisdiction (District of Columbia), the agreements must be
executed under authority of the present E.O. No. 11997, which
clearly specifies administration and enforcement on the Federal
side without suggestion of extending United States Government
authority to people other than those who are otherwise obligated
to Subtitle A & C taxes.
Dan Leslie, Meador, et al. v. Stephen C. Lewis:
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Further, the Agreement on Coordination of Tax Administration
and attending regulations in 26 CFR, Part 301 in particular would
appear to impose Subtitle F collection and enforcement authority
when in fact Subtitle F of the Internal Revenue Code is not
effective as law until Title 26 of the United States Code is
enacted as positive law, which it hasn't been (I.R.C. §§
7851(a)(6)(A) & 7806(a)). Therefore, matters at hand have been
effected and prosecuted under completely bogus authority as
Congress has not enacted Title 26 of the United States Code into
positive law, and the Legislature of the State of Oklahoma has
not enacted Subtitle F of the Internal Revenue Code as positive
law in the State of Oklahoma.
Plaintiffs also allege that the Article IV United States
District Court for the Northern District of Oklahoma cannot
unilaterally expand Federal jurisdiction within the State of
Oklahoma or any of the other Union states party to the
Constitution without securing an amendment to the Constitution of
the United States which expands jurisdiction beyond that
prescribed at 18 U.S.C. § 7(3), where jurisdiction is secured in
compliance with 40 U.S.C. § 255 and corresponding State cession
laws (80 O.S. §§ 1, 2 & 3), nor can the Federal Law Enforcement
Community exercise general police powers in the sovereign State
of Oklahoma.
Further, Plaintiffs allege that statutory authority for
enforcement of agreements such as the O.T.C.-C.I.R. Agreement on
Coordination of Tax Administration, when properly executed, is
vested in the Solicitor of the Treasury, now designated as the
Attorney General, and that such execution must be carried out in
Dan Leslie, Meador, et al. v. Stephen C. Lewis:
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conjunction with the General Accounting Office, not the United
States Department of the Treasury, an executive department, the
Department of the Treasury, Puerto Rico, or the Internal Revenue
Service, a/k/a Bureau of Internal Revenue, Puerto Rico.
Plaintiffs herewith adopt and bring forward all matters
presented in their original Application for Writ of Habeas
Corpus.
Plaintiffs respectfully request that judicial officers of
the Tenth Circuit Court of Appeals issue a Writ of Habeas Corpus
to the United States Attorney for the Northern District of
Oklahoma demanding that he produce authority to bring causes on
the part of the Internal Revenue Service, an agency of the
Department of the Treasury, Puerto Rico, and show any offense
which was committed in United States maritime and off-shore
territorial jurisdiction which might be subject to Internal
Revenue Service authority and legitimate sphere of operation as
an agency delegated authority on behalf of the "United States of
America", the "Central Authority", or the "Competent Authority".
Plaintiffs hereby certify by our respective signatures that all
matters of law and fact set forth herein are to the best of our
current knowledge, understanding and belief accurate and true, so
help us God.
/s/ Dan Leslie Meador
__________________________________ ____________________________
Dan Leslie, Meador Date
P.O. Box 2582
Ponca City 74602/tdc
OKLAHOMA STATE
tel: (405) 765-1415
fax: (405) 765-1146
[Mr. Gunwall's signature withheld; see note above.]
__________________________________ ____________________________
Wayne Richard, Gunwall Date
409 East Detroit
Ponca City 74602/tdc
OKLAHOMA STATE
Dan Leslie, Meador, et al. v. Stephen C. Lewis:
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List of Exhibits
1. May 16, 1997 letter from David K. Smith, Oklahoma Tax
Commission, to Dan Meador.
2. Agreement on Coordination of Tax Administration executed
1982-83 by an Oklahoma Tax Commission commissioner and a
former Commissioner of Internal Revenue.
3. May 17, 1997 letter from Dan Meador to Robert E. Anderson,
current chairman of the Oklahoma Tax Commission.
Dan Leslie, Meador, et al. v. Stephen C. Lewis:
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Certification of Service
I certify that a true and correct copy of this pleading is being
sent via certified mail, return receipt requested, with
sufficient postage paid to assure delivery, to the office of the
United States Attorney at the following address:
Stephen C. Lewis, United States Attorney
Northern District of Oklahoma
333 West Fourth Street
Tulsa 74103/tdc
OKLAHOMA STATE
H. Dale Cook, Senior Magistrate Judge
c/o Court Clerk
United States District Court
Northern District of Oklahoma
333 West Fourth Street
Tulsa 74103/tdc
OKLAHOMA STATE
/s/ Dan Leslie Meador
__________________________________ ____________________________
Dan Leslie, Meador Date
P.O. Box 2582
Ponca City 74602/tdc
OKLAHOMA STATE
tel: (405) 765-1415
fax: (405) 765-1146
Dan Leslie, Meador, et al. v. Stephen C. Lewis:
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