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[Wolfgang Smutz]

Heads up: Please keep this going: Hauert was indicted on five counts Se.
7203 WILLFUL FAILURE etc. Hauert wanted to know the OFFENCE statute he was
accused of violating and would be pleading guilty to. He wanted to know the
particular statute that made him the person required to pay the income tax.
His attorney (addressing the judge) "The prosecution has been trying to get
my client to plea bargain. My client is interested but has a few demands of
the prosecution in order to understand the charges and determine the
potential guilt. He has a serious question that nobody will address. Will
the court entertain that question?"
Judge: "Certainly."
Hauert: "Your honor, Section 7203 of the I.R. Code is a DIS-CIPLINARY
STATUTE. It defines the penalty for someone who has broken the law. I need
to know the underlying offense statute that is used to determine if I am the
"any person" required to file. The term "any person" is ambiguous.
Judge: "I don't know what he is asking for.(Looking at Prosecutor) Do you
know what he's asking for?"
Prosecutor: "No, your honor, I don't know what he's asking for either."
Judge: "I am not knowledgeable of every law and can't be."
(Hey, isn't he presumed to to know the law?)
Hauert: Could you please bring me the I.R. Code book with 7203 in it so I
can show you what I am talking about. (note: the clerk brought in the
I.R.Code book.)
Judge: (Reading Sec. 7203) " Any person required under this title to pay any
estimated tax or tax, or required by this title or by regulations made under
authority thereof to make a return, keep any records, or supply any
information, who willfully fails to pay such estimated tax or tax, make such
return..."
Judge: "Sounds clear to me."
Note: (In the words of Hauert) "I looked at the prosecuting attorney and
criminal investigator looking business-like and smiling confidently and I
thought, these suckers have gotten to the judge."
Hauert: "May I see the book? (Reading ) any person required by this
Title...What I am asking is, what statute establishes the FACT that I am one
of these "persons" required, by this title, to pay the tax? Where, exactly,
in the Title is the offense defined, where am I made the subject of the
tax?"
Note: (In the words of Hauert: "I then handed the judge back the book.
Looking perplexed, the judge read those words over and over again for what
felt like an eternity.")
Judge: "So what you're asking for, Mr. Hauert, is the Statute, referred to
in Section 7203, that makes a person liable for the tax and subject to the
penalties imposed by Section 7203?"
Hauert: "Yes, that's what I have been asking the prosecutor for. I have also
been asking the IRS the same question for several years and no one will give
me the Statute of law that I am accused of breaking."
Note: In one sentence that would destroy the government's entire case,
Judge: "No problem, Mr. Proscutor, I'm sure that you can provide a copy of
that statute."
Prosecutor: (Stammering and stuttering) "Um, ohh.. I'm...uh.. not familiar
with.. uh.. that part of the code." (With that, the Prosecutor lost his
business like composure and the case was concluded. The prosecutor was
ordered to find someone who knew which statute defined the offense.)
Hauert's attorney then requested a Bill of Particulars, defining the
specific offense statute that created the liability for Hauert to pay the
income tax and file a 1040 Tax Retutn. A Bill of Particulars is a written
statement of the SPECIFIC CHARGES agains the defendant. This switched the
burden of proof back to the government to provide such a statute. After an
extended period of time, the prosecution still could not supplt the court
with the offense statute or regulation that made Tom Hauert (or any American
Citizen) the person made liable to pay the S.1 graduated Income Tax (because
no such statute exists). Hauert, therefore, filed for and was granted a
dismissal!