The IRS is trying to shut down the Family Guardian
website. The event that appears to have triggered the attack is
the release of the
Master File (MF) Decoder software on 5/31/03. This
software
was a huge hit with the tax honesty community and our server was overwhelmed
with downloads following the release. Our website volume has also
gone up tremendously because of the software.
During the month preceding the release of the MF
Decoder, we initiated a Beta Test program and solicited volunteers.
We also posted several preliminary versions of the User Manual and reports
for the program for general public viewing during the month prior to
release. IRS must have been looking at these announcements and
may even have accessed the Beta program download page, because they
launched their attack on the Hansen only ten days before the release
of MF Decoder. Here is a chronology of events surrounding their
attack:
Just before the July 10, 2003 meeting at the IRS,
we got several calls and emails from people who wanted to buy or sell
our materials. One guy emailed us claiming to be from South America
and said he was a book publisher, but refused to give his real name.
He said he wanted to sell our
Great
IRS Hoax book in South America. We told him to go ahead and
that we didn't want any of the profits but he would have
to send half of his profits to We the People Foundation (http://www.givemeliberty.org).
After we told him that, he said he wasn't interested and that "You just
don't understand the book publishing business.". The other person
called the work of one of our members on 6/26/03 just after they responded
to the 6/3/03 IRS letter (which provided his work number). That
interchange is described above. A pattern is emerging from these
activities. IRS is trying to entrap us into accepting money for
our materials so that they can falsely classify this website as
commercial speech and shut it down.
The IRS employees undertaking this unwarranted
persecution and entrapment are the REAL criminals and they are the ones
who ought to be prosecuted by the Department of Justice for the following
violations against us as a bare minimum:
At the 7/10/03 meeting, Hansen advised the IRS
that he resented them identifying me as "an intellectual whore who would
say or write anything for money". Hansen said the Family Guardian
website is and always has been a religious ministry and a First Amendment
free speech website ONLY. To suggest that we do
anything related to this website or in our private life for "filthy
lucre's sake" was sacrilege and an insult. Below is a synopsis
of the meeting that Hansen prepared shortly after the meeting and which
Hansen sent out to all interested parties:
Meeting at IRS Office, 880 Front Street; San Diego, CA in room
3295, the IRS training room. Meeting started at 10am with the following
IRS personnel in attendance:
1. Adelina D. Weber, Empl. # 33-04870, Pocket Commission WR67620A;
Revenue Agent; San Diego. Phone: 619-230-8155x366
2. Nicholas Richards, Pocket commission RC35378A, IRS attorney;
San Diego.
3. Patricia Medina, Empl # 33-05300, Collection Manager; San Diego.
4. Theresa R. Stark, Empl. # 33-04957, Pocket commission WR59326A.
Revenue Agent; San Diego.
5. David Gordon, Empl. # 33-05642, Pocket Comm. WR76613A, Revenue
Agent, from San Bernardino.
The IRS is trying to shut down the Family Guardian Website under
26 U.S.C.
6700, 6701, etc. I just got out of a 1.5 hour meeting with them
today in the IRS office downtown. There were five agents there at
the meeting and I had two witnesses. They sent me a letter yesterday
stating that they were investigating me for 6700 violations and
they asked me to bring a long laundry list of evidence, including
the
Great
IRS Hoax book.
I recorded
the meeting. They wanted to launch right into their questions
and they refused to discuss the law. I started off by saying that
I was there in good faith and that I'd take as much time off work
as I need to in order to go over all my materials with them and
correct anything they find inaccurate or misleading, if they could
offer the kind of proof supporting their position that I have. I
asked them specifically what, if anything, they found inaccurate
or wrong on my website, and they couldn't identify anything. That
means they are estopped from proceeding. The lawyer did most of
their talking. I got down their employee numbers and pocket commissions
and they all had administrative pocket commissions. I said they
as administrative personnel had no enforcement authority. They said
they weren't doing enforcement. I said they were going to use the
information gathered there to do enforcement so they were doing
enforcement and they didn't argue with me.
I told them I can't knowingly participate in criminal activity
with them until they disprove the evidence of their criminal activity.
I said it violates my religious beliefs to consent with thieves
without first proving that they aren't thieves.
If I asked a question, they wouldn't answer so I didn't answer
any of their questions. I said I was following their example, because
they were the servant and the servant cannot be greater than the
master, according to my religious beliefs.
Whenever they asked a question, I used the Jesus approach:
answer questions with more questions. I asked them to define
the words they were using in their question from the Internal Revenue
Code. I had the code with me and I offered it to them. They wouldn't
do it so I couldn't answer their question without knowing the definition
they were presuming or the context. Words like the following they
could not define:
1. "promoting"
2. "organization"
3. "Seminars"
4. "Marketing"
5. "tax"
So I couldn't answer their questions. Agent Gordon pointed to
the Great IRS Hoax book and asked me if I wrote the book and
I said: "No."
Mr. Gordon said: "Well who wrote it?"
I said: "God wrote it. He told me what to say. If you don't
like what it says, why don't you file a lawsuit against Him!"
They didn't know what to say. Then they asked if I owned the
Family Guardian website domain name. I said "God owns it and
He gave me the money to pay for it. I'm just his servant."
They again didn't know what to say to that either.
The lawyer said he wasn't going to prosecute me for anything
civil or criminal and was just gathering information. I responded
with: "Good, now lets get that in writing. I'll scribble it out
and you sign the form stating that you waive your right to prosecute
me civilly or criminally with any of the information provided here.
Will you sign it?"
The lawyer, Richards, said: "No."
"Well then, YOU'RE A LIAR AND YOU JUST ADMITTED IT!" He was speechless
and couldn't defend himself!
They kept trying to ask me questions, and I said they had to
answer questions first and that I was following their
example. If they answered my questions first,
then I would follow their example and answer their questions.
Note that I didn't say I wouldn't answer their questions,
but only specified the conditions under which I would
answer them and made it their choice if they wanted to cooperate.
This is a variation of the Notary Protest Method and we explain
how it works in section 8.4.4.5 of the
Great
IRS Hoax book.
They said they were there to protect "taxpayers"
so they aren't mislead or hurt. I said that was a noble goal and
one of my goals too, and I wanted to help them with that by correcting
anything on my website that was inaccurate. Then I said
I wanted to shown them that I was sincerely pursuing the same goals
as them in protecting "taxpayers"
so I started reading to them the
Disclaimer on my website:
"DISCLAIMER: The data on this website is the collaborative experience,
contributions, and research of various websites, legal books, tax
documents, researchers, associates, attorneys, CPA's, etc. and does
not constitute legal advice. These materials have been prepared
for educational and informational purposes and are intended for
"nontaxpayers" only. If you are a "taxpayer", then instead please
consult http://www.irs.gov for
educational materials."
This website and the materials on it were prepared for the use
of the author only by himself. Any use of the terms "you" or "we
recommend" or "you should" or "we" is directed at the author and
not other readers. All the author is doing by posting these materials
is sharing with others the results of his research and the play
book he developed only for use by himself. For instance, the bottom
of every page of the Great IRS Hoax book says: "TOP SECRET: For
Treasury/IRS Internal Use ONLY (FOUO)". Then in the "Disclaimer"
at the beginning of the book, he defines "Treasury" as the "HANSEN
Family Department of the Treasury". Consequently, how those materials
impact or influence others is of no concern or consequence to him,
and no motive may be attributed to any statements by the author
that would appear to be directed at third parties, because such
statements are actually directed at himself only. How readers use
or apply the materials appearing here is entirely their choice and
we assume no responsibility for how they act, or fail to act, based
on the use of these materials. This approach is no different from
that of the federal government, where the term "employee" in the
Internal Revenue Code is made to "appear" like it applies to everyone,
but in fact it only applies mandatorily to elected or appointed
officers of the United States government."
I wasn't nearly finished but after that last one above, they
just had to cut me off because it took all the wind out of their
sails. They said when they started the meeting that "We just want
to find out if there is any reason why we should not prosecute you
for abusive tax shelters." When I had a good answer for them
using my Disclaimer statement, suddenly they weren't interested
because it destroyed all their ammunition. I said I
don't sell ANYTHING, never have, and never will. I said
that they were slandering my character and making me into an intellectual
whore who will do or say anything for money by insinuating that
I sell anything. They couldn't believe that I don't sell or market
anything and that it is all free speech.
Then Agent Gordon pulled out a copy of the page off the Family
Guardian website (http://famguardian.org/Media/movie.htm)
offering Marc Lucas' FREE video. Gordon asked me if I sold that
video and I said no. I said the video can be viewed for free on
the website and I said I wasn't involved in any way whatsoever commercially
or financially with the person selling it and that he was just a
friend. They wanted to know if I was in the video and I said yes.
They pointed to the price of $20 and I said that the address the
money is sent to isn't mine and I have no connection with the sale
and get no commissions, and that I was only posting the message
as a favor to a friend. That abruptly ended their questions.
The lawyer asked: "What religion are you?" I said "Nondenominational
Christian". I said that my work on my website was my method of worshipping
my God. I said the First Amendment guarantees me a right to assemble,
and that is exactly what I use it for: to collaborate with others.
I said the First Amendment also gives me a right to Petition my
Government for a Redress of Grievances and that is what I use it
for.
I said they are interfering with my Constitutional rights and
to expect me to help them is ridiculous, because I would be committing
treason against the Constitution. I asked the lawyer if the Constitution
and the Bill of Rights were in full force in my case. He said yes.
I said "Good, because I took an oath to support and defend it, which
means I can't conspire with you now to violate it as my research
shows until you can prove I won't be violating it by helping you
and giving you the information you want."
Mr. Gordon gave up on me, and passed me on to Ms. Weber, who
was handling my tax returns and the outstanding penalties. They
wanted to know about my returns. I said they would get that info
if on the SECOND day of meetings if they fully cooperated with me
the FIRST day. The first day was going to be spent on establishing
their jurisdiction and the legality of what they were
doing. I said I filed the returns with the International branch
as a
Nonresident alien. Then the collection manager lady (Patricia
Medina) asked about my citizenship. She said "You just don't want
to support your country, do you?" I said I do what the Constitution
requires of me to support my country because the constitutional
model allows the federal government to fund all of its expenditures
only with indirect excise taxes on foreign commerce
under Article 1, Section 8, Clause 3 of the Constitution and that
model worked quite well up until 1933, when Roosevelt the Socialists
took over. I said there is no reason we can't return to that
model, which is the only lawful way identified in the Constitution
for our federal government to fund its operations.
Medina, the Collection Manager, then asked, "Well aren't you
a U.S. Citizen?"
I said "No, I'm a 'non-citizen U.S. National' as defined under
8 U.S.C. 1452 and 1408" and I explained what that meant. She asked
"Where do you reside?"
I asked: "Can you please define the term 'reside'?"
Medina said: "Where do you physically live?"
I said I live and was born outside of the federal United
States and outside of federal jurisdiction so I am a non- citizen
U.S. national. She asked if I had filled out my job paperwork saying
I was a "U.S. citizen". I said that I had many years ago but since
then have taken great pains to correct this false presumption
so that all paperwork accurately reflects my true status as a "non-citizen
U.S. National". I said my religion doesn't allow me to be a privileged
U.S. citizen
because receipt of privileges destroy rights. I said my religion
doesn't allow me to have a king over me and that I have to govern
myself and can't depend on or trust government, but only God.
Then the collection manager, Medina, asked if I was going to
pay the penalties. I said the penalties were wrongfully assessed
and if they had provided the IMF at the meeting as I had requested
in writing beforehand, I could have shown them that. They
said if I wasn't going to pay the penalties, then they were going
to file a notice of lien. I said they had no authority to do that
because I am outside their jurisdiction. They handed me an appeal
sheet (which wrongfully identified me as a "taxpayer") and said
I had three days to fill it out. I said they weren't authorized
to do any collection because I didn't have my collection due process
hearing yet. They said I was right and that I would subsequently
be afforded a Collection Due Process hearing.
That was pretty much the end of it. Pretty interesting! I think
it went very well and they got nothing because they gave nothing.
They looked like uncooperative idiots operating in bad faith who
didn't want to get anything in exchange for what they were getting.
They looked like selfish and ignorant tyrants who evaded discussing
or being accountable for any lawful limits on their authority and
I have it on tape.
Thanks for all your support, and I'm not worried about the results.
I'm taking steps now to protect my assets before the vultures descend.
This event was clearly a fishing expedition, and it went nowhere.
They looked pretty stupid. Hansen made it very clear during the
July 10, 2003 meeting that:
As of the writing of this article on July 18, 2003,
we have not received any further correspondence from the IRS following
the meeting on 7/10/03. Based on item #4 above, their main goal
is to shut down the Family Guardian website by trying to connect it
to commercial activity and associating it with an Abusive Tax Shelter.
It's completely ridiculous to say that we do anything with tax shelters.
You must be a "taxpayer"
and have a tax
liability
and "gross
income" before tax deductions from "gross income" or shelters of
"taxable income" are even relevant, and we have been begging the government
for three years now to prove that we fit even one of these three requirements
under the Internal Revenue Code. They have defaulted to our position
on many different occasions, which means they have a
Nihil Dicit
administrative judgment against them pursuant to
Fed.Rule.Civ.Proc.
8(d). Their position is "patently
frivolous",
illegal,
and completely without any legal foundation or merit, to use their own
words, because they refuse to justify or defend it. Anything they
do that they can't justify with the law is, by implication, illegal
and unlawful, because the federal government is a government of limited
and enumerated powers. EVERYTHING they do must be authorized by
a specific law, and the law is the definition and the limitation of
their power, according to our Supreme Court. All other powers,
including
police powers and legislative jurisdiction, are reserved to the
states under the Tenth Amendment and Hansen lives in one of those states.
To read more about persecution of this website,
read the We the People article on our experiences by
clicking here.