- AUBURN, NH - On Wednesday,
January 9th, 15-20 armed IRS Special Agents executed a search warrant at
the home and office of anti-Income Taxer Steven A. Swan in Auburn, New
Hampshire. Swan is being investigated by a federal grand jury to determine
whether or not he has committed any crimes regarding the federal Income
Tax. Swan believes that the federal Income Tax has been fraudulently imposed
upon the American people and he has been attempting to expose this fraud
since 1996 by conducting seminars in person and on videotape and through
the use of his Web site at www.zeroincometax.com. Swan has hundreds of
clients all over the country who have used his information to stop paying
federal Income Taxes.
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- Swan first learned of the fraud of the Federal Income
Tax in 1995 from Libertarian Presidential candidate and Income Tax expert
Irwin Schiff of Las Vegas, Nevada. Schiff has written 3 books exposing
the fraud of the Federal Income Tax--"How Anyone Can Legally Stop
Paying Income Taxes"; "The Great Income Tax Hoax"; and "The
Federal Mafia: How It Illegally Imposes and Unlawfully Collects Income
Taxes." Schiff's business is called Freedom Books and his Web site
is www.paynoincometax.com. His telephone number is 1 (800) PAY-NOMO(RE).
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- About a year ago, Swan also initiated a petition drive
exposing the fraud of the Federal Income Tax. The basis for the petition
drive is the fact that in the late 1800's and early 1900's (subsequent
to the Industrial Revolution in this country), there were many wealthy
industrialists who were earning massive amounts of money, but because there
was no Income Tax at that time, they were paying very little in taxes to
the federal government. So there was a huge groundswell in this country
to amend the Constitution in order to allow the Government to impose an
Income Tax on the earnings of these wealthy industrialists.
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- On his Web site, Swan has documented a tremendous amount
of testimony from the Congressional Record of U.S. Senators and Congressmen
who were in favor of amending the Constitution in order to impose an Income
Tax on these wealthy industrialists. And it is clearly evident from this
testimony that the wealthy were the only Americans who would be subject
to the tax.
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- It is Swan's contention that, if the evidence clearly
shows that the original intent of the Sixteenth Amendment was only to authorize
the federal government to impose an Income Tax on the earnings of the wealthy,
and that the Sixteenth Amendment has never been modified since it was first
adopted in 1913, then the earnings of the wealthy are still the only items
which should be subject to the Federal Income Tax today. However, it is
Swan's belief that over time Congress has fraudulently expanded the Federal
Income Tax so that it is now imposed on virtually every American person
and business in this country.
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- Think about it. No matter what stage of history you examine,
most people have probably felt as though they paid too much in taxes to
the Government as it was. It is inconceivable that the people of the United
States would want to impose a new tax upon themselves, this time upon their
income. And it is even more inconceivable that these people would rise
up and expend the time and effort to amend the Constitution in order to
do so. But what is conceivable is that the people would rise up and amend
the Constitution in order to impose an Income Tax on the earnings of the
wealthy. And if the testimony in the Congression Record from the U.S. Senators
and Congressmen can be believed, this is exactly what the people did.
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- A few months ago, Swan filed a federal lawsuit against
the Government citing this fraudulent expansion of the Federal Income Tax.
His lawsuit may have led to the raid of his home and office. Swan's lawsuit
was dismissed by the U.S. District Court in Concord, New Hampshire and
is now on appeal at the First Circuit Court of Appeals in Boston. One of
the items seized by the IRS was all of Swan's records concerning his current
lawsuit against the Government. Swan doesn't believe that it is fair for
the Government to seize all of his records concerning his current litigation
against the Government and he will be asking the IRS to return those records
to him.
-
- During the search of his home and office, Swan was given
a letter from the Justice Department stating that he was being investigated
by a federal grand jury to determine whether or not he had committed any
crimes. The letter also invited Swan to testify before the grand jury if
he so desired. Swan is extremely pleased that he will be able to present
his evidence to the grand jury showing that the Federal Income Tax has
been fraudulently expanded beyond the original intent of the Sixteenth
Amendment.
-
- Swan estimates that there are approximately 1 million
Americans who have stopped paying Federal Income Taxes using Irwin Schiff's
material. And these people do file tax returns, which includes an attachment
explaining why the Federal Income Tax is a fraud. Some of these people
have been filing these "Zero Returns" for up to 10 years and
not one person who has been filing them has been prosecuted. And many of
them have even received refunds from the IRS.
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- Swan believes that no one who has been filing Zero Returns
all of these years has been prosecuted because the Government is very cautious
as to who it targets. Over the years the Government has lost some very
high-profile Income Tax cases so it doesn't prosecute anyone unless it
believes it has a virtually guaranteed win. Remember that a U.S. Attorney
is a Presidential appointment and he usually only holds office during the
term of that President. Many U.S. Attorneys use their temporary position
as a stepping stone to a higher office, either a federal judgeship, election
to Congress, a governorship, or for greater recognition after they go into
private practice. They are in office to get as many convictions as they
can and they will avoid any cases that they might not win.
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- Even though there are many people who have been filing
Zero Returns for many years, Swan says that it has been very difficult
disseminating this information to the general public. One of the reasons
is because the Government doesn't want this information coming out in open
court where a person's guilt or innocence will be decided by a jury of
12 common citizens and in full view of the news media. This is why no one
who has been filing Zero Returns for all of these years has been prosecuted.
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- Another reason why this information is so difficult to
disseminate to the general public is because the Income Tax return preparation
industry has become so large in this country. Consider how many people
make a living preparing tax returns for a tax which virtually no one understands.
There are millions of tax attorneys, CPA's, accountants, H&R Block's
and regular tax return preparers. Even the IRS itself is wrong 50 percent
of the time when asked questions by taxpayers.
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- And because these Income Tax Return preparers spend a
tremendous amount of money advertising their services, the media is reluctant
to run advertisments for someone like Swan who has been attempting to expose
the Federal Income Tax as a fraud. For the past 4 years, the statewide
newspaper in Swan's area has refused to run his ads for his anti-Income
Tax seminars, even though they did run his ads when he first started conducting
his seminars years ago. The Income Tax return preparers don't want to see
ads stating that the Income Tax is a fraud so this information doesn't
get out. And because the news media doesn't want to alienate this large
industry, it also doesn't print any stories about the many people who are
attempting to expose the fraud of the Federal Income Tax.
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- Another reason why this information is so difficult to
disseminate is because of the negligence of the legal profession. Either
directly or indirectly, many lawyers earn their living through the Income
Tax so they do not want to see it being exposed as a fraud. Some of these
lawyers earn their money directly as tax attorneys, but many more earn
their money indirectly such as lawyers who assist people in setting up
corporations for tax purposes. And if someone cannot pay their Income Taxes,
many times they hire a lawyer to assist them in filing for bankruptcy.
And many couples who cannot pay their Income Taxes end up getting divorced,
which makes more work for divorce attorneys. So the legal profession has
a vested interest in keeping the Income Tax around. If lawyers were really
doing their job, why have so many people been convicted for Income Tax
evasion? If the Fifth Amendment to the Constitution states that a person
has a right not to be a witness against himself, why does the legal profession
allow a person's tax return go into evidence? Because the legal profession
is complicit in the fraud, that's why.
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- And many federal judges feel as though it is their duty
as federal employees to collect taxes for the Government. So they dismiss
civil lawsuits against the Government on these grounds as Swan's recent
lawsuit was dismissed. And pity the poor lawyer who attempts to go against
the Establishment and make these arguments in court. The federal judges
rule against them in many of their cases and try to put them out of business.
And their fellow attorneys and the Bar Associations advise them that it
is not good for business to make waves. It is really the legal profession
more than anything else which has allowed the fraudulent Federal Income
Tax to proliferate and flourish.
-
- And don't attempt to make these arguments to your U.S.
Senators and Congressmen. The Federal Income Tax brings in approximately
$1 trillion per year into the federal coffers, which Congress can then
allocate to their pet projects in order to get thenselves re-elected. Does
anyone really believe that Congress would like to see the fraud of the
Federal Income Tax exposed? Not to mention the fact that it is Congress
who has allowed the Federal Income Tax to be expanded beyond the original
intent of the Sixteenth Amendment in the first place.
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- At many of his anti-Income Tax seminars and on the 3-hour
videotape of his seminar, Swan has bemoaned the fact that this information
is so difficult to disseminate to the general public. He has even stated
many times that as strange as it might seem, he would really enjoy being
indicted by a federal grand jury so that he could get this information
out in the open. At long last, it seems as though Swan might get his wish.
If the letter from the Justice Department is accurate, at least he will
be able to present his evidence to a federal grand jury and put it in their
hands. New Hampshire might just be the place where the hated Federal Income
Tax meets its much-deserved demise.
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-
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- Comment
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- From Steve
1-20-2
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- Dear Jeff,
-
- In the post - IRS Raids Anti-Income Taxer's Home and
Office, it is claimed half way down, that the: IRS Search Warrant Used
In Raid On Tax Protester Said Bogus - 1-19-2. Yet the story that follows
fails to mention HOW the warrant is bogus. The fact that the Agent's may
not have Federal authority to carry firearms does not make the warrant
bogus! Nowhere does the post say WHY the warrant is invalid. As for the
agents being armed, in NH it is perfectly Legal to carry a firearm in
the open. And to carry concealed, one only need to pass a background check
to get their permit. This is not the first time one of these Tax protesters
has taken on the IRS and the Federal Government, and then Cried when
the Shi*HitTheFan! What did he expect? The story does go on to say correctly
why the Income Tax will never be repealed!
-
-
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- IRS Search Warrant Used In Raid On Tax Protester
Said Bogus
- 1-19-2
-
-
- AUBURN, NH - On January 8,
2002, U.S. Magistrate Judge James R. Muirhead of the U.S. District Court
in Concord, New Hampshire authorized a search warrant to be executed by
the Internal Revenue Service of the home and office of Income Tax and Pro
Se Legal Consultant Steven A. Swan of Auburn, New Hampshire. The search
warrant was executed by 15-20 armed I.R.S. Special Agents on January 9,
2002 and pertained solely to federal Income Tax laws. The carrying of firearms
by these I.R.S. agents was a clear violation of 26 U.S.C. 7608, which only
authorizes I.R.S. agents to carry firearms while enforcing federal Alcohol,
Tobacco, and Firearms laws, not Income Tax laws.
-
- Swan is an Income Tax consultant to many people in their
dealings with the I.R.S., either administratively within the I.R.S. or
in federal court or Tax Court. There is no law against a person or business
consulting with their clients regarding Income Taxes, as millions of other
tax attorneys, C.P.A.'s, Enrolled Agents, accountants, and tax preparers
do every day in this country. However, the raid on Swan's home and office
which removed all of his client files has effectively put him out of business.
All of this without so much as an indictment or any charges having been
brought against him and in violation of Swan's Fifth Amendment right to
due process. The evidence hasn't even been presented to a grand jury yet
to determine if there is enough evidence to even bring an indictment. Meanwhile,
Swan is out of business.
-
- Swan also recently filed a federal lawsuit against the
federal government on the basis that there is a tremendous amount of evidence
in the Congressional Record prior to 1913 that the original intent of the
Sixteenth Amendment to the Constitution only authorized Congress to impose
an Income Tax on the earnings of wealthy people and corporations in this
country after the Industrial Revolution. It is Swan's contention that since
the Sixteenth Amendment has never been changed or modified since its ratification
(if, in fact, it was legally ratified), the earnings of the wealthy are
still the only items which should be subject to the federal Income Tax
and that over time that tax has been fraudulently expanded by Congress
to impose an Income Tax on virtually every American.
-
- The same U.S. magistrate judge (Muirhead) who authorized
the search warrant against Swan's home and office is the same magistrate
judge who recommended that Swan's lawsuit in federal court in New Hampshire
be dismissed. U.S. District Judge Steven J. McAuliffe dismissed Swan's
lawsuit based upon Magistrate Judge Muirhead's Report and Recommendation.
The lawsuit is now on appeal at the First Circuit Court of Appeals in Boston
and Swan is waiting for the government to respond to his appeal brief.
However, the I.R.S. seized all of Swan's files regarding this current lawsuit
when it seized all of his other records. Does it seem fair that if the
government doesn't like a lawsuit that has been brought against it, it
can simply execute a search warrant and seize all of a person's records
concerning that lawsuit? I don't believe so.
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- On Swan's Web site www.zeroincometax.com there is a petition
that people can sign as a way to exercise their First Amendment right to
Petition the Government for Redress of Grievences with respect to the fraudulent
expansion of the Income Tax mentioned earlier. The petition is addressed
to Congress, the President of the United States, the U.S. Supreme Court
and others. During the raid on Swan's home and office, the I.R.S. seized
many signed petitions of people who had exercised their First Amendment
rights against the Income Tax fraud perpetrated by government. Because
the I.R.S. has seized these signed petitions, these people have now been
precluded from exercising those rights.
-
- Other items which were authorized by U.S. Magistrate
Judge Muirhead to be seized and which were seized by the I.R.S. were "income
tax returns, amended returns, schedules, statements, certificates, attachments
and other materials for filing with the IRS, or for submitting to employers,
which were prepared for others by SWAN, or with his assistance, and all
documents, records, correspondence and other materials relating to the
preparation of such returns, schedules and other materials, included but
not limited to any correspondence or notices from the IRS, dated during,
or pertaining to, the period Janiary 1, 196, to the present;". As
I stated earlier, there are hundreds of thousands if not millions of Americans
and businesses who assist people in their dealings with the I.R.S. every
day. Are their records now subject to search and seizure as well?
-
- Other items authorized for seizure which were seized
by the I.R.S. were "customer or client lists, mailing lists, 'Rolodexes',
address books, 'sign-in sheets' and other documants or databases reflecting
the identities of persons who have attended SWAN's seminars or utilized
SWAN's tax related services at any time during the period January 1, 1996
to the present;". Now Swan has no way to contact any of his clients.
All of this with no charges having even been filed against him. Whatever
happened to the notion of "innocent until proven guilty?" It
is interesting that the U.S. Attorney for New Hampshire (Thomas Colantuono)
who is leading the grand jury investigation into Swan's activities has
only been in office for a couple of weeks. Perhaps no one has informed
him about Americans' Constitutional rights as of yet. He must have skipped
that class in law school. U.S. Magistrate Judge Muirhead must have skipped
that class as well.
-
- Other items authorized for seizure which were seized
by the I.R.S. were "pleadings, correspondence and other documents
relating to lawsuits or administrative claims, whether filed, threatened
or merely contemplated," (sounds like the Thought Police are in full
force) "against the IRS or its employees or anyone else involved in
the IRS collection process, dated during, or pertaining to the period January
1, 1996, to the present;". Again, many Americans all across the United
States assist people in their dealings with the I.R.S. every day. Are they
next?
-
- Other items authorized for seizure which were seized
by the I.R.S. were "books, publications, research, correspondence
and other materials relating to the federal income tax laws and regulations;".
Does this mean that every law library, law book publisher, bookstore, Internet
Web site, etc. which provides these items are now subject to search and
seizure? What's next- Big Brother government agents conducting public book
burnings like the Fire Men in the movie "Farenheit 451"? The
seizure of Swan's law reference material practically guarantees that he
will be unable to defend himself against any actions the government might
decide to take against him. Does this seem like a fair practice by the
United States of America?
-
-
- Other items authorized for seizure which were seized
by the I.R.S. were "audiotapes of audits or other meetings with representatives
of the IRS during the period January 1, 1996, to the present;". Obviously,
the I.R.S. already had their own copies of "audiotapes of audits or
other meetings with representatives of the IRS". Why did they feel
the need to seize Swan's copies.
-
- Swan first became aware of the fraudulent nature of the
federal Income Tax in 1995 through the writings, audiotapes and videotapes
of 1996 Libertarian Presidential candidate and Income Tax expert Irwin
Schiff. Schiff has written many books about government corruption including
three about the Income Tax-"How Anyone Can Stop Paying Income Taxes";
"The Great Income Tax Hoax"; and "The Federal Mafia: How
It Illegally Imposes and Unlawfully Collects Income Taxes." Schiff
has a Web site at www.paynoincometax.com.
-
- To keep his students abreast of the latest research regarding
the I.R.S. and the Income Tax, Schiff periodically produces sets of audiotape
updates called the Schiff Audio Reports. Swan has been a subscriber to
the Schiff Audio Reports since he first met Schiff just prior to the 1996
New Hampshire Presidential Primary. Other items authorized for seizure
which were seized by the I.R.S. were "documents relating to Irwin
Schiff, dated during, or pertaining to, the period January 1, 1993."
This means that Swan will not be able to defend himself against the government
using any of Schiff's information if the need arises.
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- When all was said and done on January 9th, the I.R.S.
had removed 22 boxes of material from Swan's home and office pursuant to
this bogus search warrant. And in doing so, it seems as if the I.R.S.,
U.S. Magistrate Judge Muirhead and the U.S. Attorney for the District of
New Hampshire Colantuono have violated many of Swan's constitutional, statutory,
and civil rights.
-
- Anyone who cares about preserving freedom in this country
may wish to let them know how they feel about what these people have done.
U.S. District Court Judge McAuliffe's, Magistrate Judge Muirhead's and
U.S. Attorney Colantuono's mailing address is 55 Pleasant Street, Concord,
NH 03301. McAuliffe and Muirhead are at the U.S. District Court and Colantuono
is at the U.S. Attorney's Office.
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- The court's telephone number is (603) 225-1423 and the
U.S. Attorney's is (603) 225-1552. The I.R.S.' number is 1(800) 829-1040.
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