Monday, February 19, 2007

Attorney Challenges Income Tax Law

From : Jimmy Turner
Sent : Monday, February 19, 2007 5:59 PM
To :
Subject : Attorney Challenges Income Tax Law

----- Forwarded Message ----
From: Legalbear
Sent: Monday, February 19, 2007 12:49:55 PM
Subject: [tips_and_tricks] Attorney Challenges Income Tax Law

I was perusing other groups and came across this article. I wanted this group to see it. Bear

Attorney Challenges Income Tax Law

Constitutional History in the Making

Longtime Shreveport , Louisiana , attorney, Tommy K. Cryer, is no stranger to conflict and

controversy. The Hall of Fame attorney, an honor graduate of LSU Law School and member

of the prestigious Order of the Coif, has a reputation for taking on issues no one else would

and, on a number of occasions, he has made new inroads in the legal world. But now he has

thrown down the gauntlet in front of the mother of all 800 pound gorillas, the Internal

Revenue Service, and the mama gorilla has picked it up. The only thing certain now is that

someone is going to be hurt.

The story began over a decade ago when a friend told Cryer that

the income tax was a sham. Cryer did not believe a word of it and thought his friend had

gone off the deep end. Learning that his friend had decided to stop filing tax returns, Cryer

determined to research the matter, show his friend where he was wrong, and keep him from

getting in trouble with the IRS. That is how a two-year research project began, but it did not

turn out the way Cryer expected. Sporting a wry grin, Cryer said "That just goes to show you

that no good deed goes unpunished." His research not only included the tax laws themselves,

but went past the first income tax in 1861 to the drafting of the Constitution and included

reading hundreds of cases, Congressional archives and tax laws from 1913 to present. Cryer

learned that although his friend had only a piece of the picture, he was right. "The Tax Code

and its regulations are carefully and," he adds, "ingeniously crafted to deceive," said Cryer.

He explains that the answer is not in what the laws say, but rather in what they do not say,

and those provisions that are revealing are either hidden within tons of verbiage or behind

double and triple negatives. And, more importantly, he says, he knows why.

So Cryer decided he would also stop filing returns and would challenge the IRS if and when it came

to call. Cryer said "Once you've taken an oath to uphold the Constitution and the law,

obeying the law is only half the job. You also have to be willing to fight for it. I've not only

sworn to fight for the Constitution as an attorney, as a former officer in the Army I've sworn

to die for it." In 2001 they came, demanding information and returns. Cryer advised them

that if they could show him any law making him liable or making his revenues taxable he

would file any tax returns required by the law. They could not show him any law. Instead,

the IRS began to pelt Cryer with a series of summonses, gathering up all banking records. It

even subpoenaed Cryer's secretary into the office for interrogation. But Cryer did not budge.

Frustrated, the IRS called in their criminal investigations division, CID, and Cryer told them

the same thing, "Show me the law that makes me liable or my revenue taxable and I will file."

They could not show him any law. CID began the summons pelting all over again, but Cryer

filed a petition to quash the summonses, which even included summonsing his college and

law school records from almost forty years ago. "I suppose they thought the records would

show I was some kind of kook or an idiot, but all they would have found is that I graduated

from college in only three years and that I graduated from law school in the top of my class."

Cryer said. So, CID called in the Justice Department (DOJ) and the sabers began to rattle.

Cryer met with the Assistant U. S. Attorney and an official of the IRS and reminded them

that all they need do is show him the law. They could not show him any law, either. "The

CID and DOJ both responded only with 'your position is frivolous.' I had never stated a

position, so how could they know whether it was frivolous?" Cryer said, "Imagine my

sending you a bill for $1,000 and when you call me and ask what the bill was for I simply

said, 'that position is frivolous, just write the check and send it in.' What would you say?

Would you write the check?" "After that they circled for awhile, apparently not sure what to

do with or to me," he continues, "but when I went public with a book I'm writing, / LIBERTY

LOST, A Treasure Map to Buried Freedom/, about how the federal government has escaped

its constitutional limits and how to put it back, that broke the impasse. Within two months

they accused me of tax evasion. Do I look like Al Capone? Well, I am a bit overweight and

he was kind of chubby, too."

The two count indictment accuses Cryer of concealing income

in a trust in 2000 and 2001, keeping himself "below the radar." But in 2001 he was not only

on the radar, he was in the cross-hairs. Cryer, whose wife, Carolyn, was severely disabled,

was worried that if anything happened to him Carolyn's son would have her destitute before

the grass grew over his grave. He set up the trust in 1993 and opened brokerage accounts in

hopes of parlaying the seed money he could muster up into a fund to provide for her and

safeguard the money. Carolyn died in 1999, but he continued to trade in the accounts. "They

subpoenaed every record on me you could imagine, they even got into my dry cleaner's

account, but they did not subpoena the brokerage account records. They did not want the

facts, just an indictment. If they had they would have known that the trust not only had no

income for those two years, it lost money both years, but they did not want to know the truth

because that would prevent them from accusing me. " he said. Cryer says that it has already

been an eye-opening experience for him, "It's been revealing.

I've had agents tell me the law

did not apply to them, so I suppose they think they are above the law. Another, challenged

with having failed to follow IRS procedures explained that the procedures are binding on us

(the peasants?), but that the IRS does not have to follow its own procedures unless it wants

to. After effecting a legal stay on the CID summonses, a CID investigator called the banks he

had summonsed and when they pointed out that they were stayed and not allowed to release

records until the court ruled, he demanded they send him the records anyway, law or no law.

After I made full disclosure of all records, saying show me where any of this is taxed, they

sent agents out to 'visit' with my clients, and you can imagine what effect that has had on my


But the ride is going to get a lot bumpier from here on. I'm threatening a lot of rice

bowls. Someone may actually have to go get a job and work like the rest of us." Well, now

the worm has turned. Cryer filed a motion to dismiss both counts against him, showing that

the law, as it is written, does not make him liable nor tax his revenue from his law practice.

The motion takes another bold step, however, revealing that the income tax, as applied to

wages, salaries and fees personally earned, is unconstitutional, citing four separate grounds

for the unconstitutionality of the law as to almost every citizen's revenue personally earned.

According to Cryer, the law, which is carefully drawn to stay inside the Constitution, does

not actually tax personal earnings, but the IRS publications, no more law than Time

Magazine, say it does and by collecting taxes on personal earnings it has violated several

fundamental constitutional restrictions. He says that nearly a trillion dollars is siphoned,

illegally, away from families and households every year, although their wages and salaries,

including bonuses, are exempt from taxation under the Constitution. "I wish there were some

way I could have taken this case on a 1/3 contingency," he joked.

Due to the adverse publicity and clients' fear of being targeted if they get too close to a target, Cryer says his

practice has suffered immensely, placing him in a severe financial strain. "Getting the

government off everyone's back and out of their pockets is going to be expensive and,

frankly, I don't have the means," Cryer said, "but somehow I am going to finish this. I am

totally convinced that this is why I am here on this Earth, this is why I am a lawyer, and since

it's meant to be, it will be."



This man has devoted his life and practice to helping people. He left the big firm road over

thirty years ago and opened a storefront solo practice because he did not become a lawyer to

run up billable hours and stack up money. He wanted to solve people's problems and make

the system work as it was intended. He is not a fat cat lawyer and deals with the same

problems we all do every day. Now, he's put his freedom and future on the line for all of us.

The government has destroyed Tom Cryer's practice in order to impede his ability to fight

this battle and he needs your help. If you are tired of being afraid of your own government

and can help, please send whatever you can to the Tom Cryer Defense Fund and then

forward this message to everyone you know. Make checks payable to "C. L. Mitchell" with

"Cryer Defense" on the memo line and mail to:

C. L. Mitchell

Cryer Defense Fund

11190 General Bradley Ave.

Shreveport, LA 71106

(and for a free copy of the 104 page memorandum Mr. Cryer filed explaining the law and the

reasons the Constitution makes your paycheck exempt, include your email)

Contributors will NOT be disclosed to ANYONE, especially the government. This is not a

political campaign, so there are no reporting requirements.

PHONE #s: 970-330-3883/ 720-203-5142 c.

For mailing: Excellence Unlimited, 2830 27th St. Ln. #B115, Greeley , CO 80634


www.irs-armory. com

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