IRS Agent Reveals That Tax Protestor Allegations Are Valid
Mikhael Bowers
Allegations Are Valid
IRS SPECIAL AGENT REVEALS THAT TAX PROTESTOR ALLEGATIONS ARE VALID.
HERE COMES THE FLOOD
Editor Scott Laughlin
March 16, 1999
NEWPORT BEACH, CA (March 14, 1999)-- Joe Banister, for four and a half years
a Special Agent for the Criminal Investigative Division (CID) of the
Internal Revenue Service, publicly announced today
the results of his independent two year investigation into allegations
concerning the legitimacy of the current Federal income tax. Mr. Banister's
conclusions have already cost him his $80,000+ career at the Service and
have completely altered his life.
A family man, from the California Bay Area, thirty four years of age with
wife and children, Joe comes across as a modest figure especially in the
midst of a gathering of self-professed Patriots, Libertarians and freedom
lovers who gathered at the Newport Beach Sheraton Hotel this weekend for a
Freedom Rally. In somewhat of a contrast to the very vocal and dynamic other
participants of the Rally, Joe admitted that he was somewhat unsettled
speaking to the large gathering. He admitted that even though he had spoken
before gatherings of IRS agents of 30 or so, the 300-400 gathered to hear
him speak, was new to him.
JOE BANISTER'S ORATION
For his first public speaking engagement, Joe seemed to make sure that he
was choosing his words carefully and deliberately, and by doing so endeared
himself to his audience -- many who called out
encouragement and blessings. His account of how he first came to be an IRS
Agent with given with obvious pride but yet with a wistful quality that
seemed to indicate that he was recalling a life
that he was realizing he had left behind for good.
Joe made a point of praising his IRS co-workers and supervisors. And sounded
sincere when he announced that he truly enjoyed his job at the IRS. As
proof of the fact that the agency never stifled his
activism supporting Constitutionally protected rights, he pointed to his
collection of letters in support of gun rights that he had written to
newspapers and politicians. He also told the audience of his membership in
Gun Owners of America as well as the NRA.
While not a popular position in this crowd of IRS victims and tax
protestors, he made a point of saying that the IRS agents he worked with
were not evil persons but simply grossly misinformed about the
U.S. Constitution and the nature of the income tax laws. In response to a
question, he answered that he had indeed already received words of
encouragement from many of those he had worked with.
In his presentation, rather than address the details contained in his
report, Joe told his story of awakening to the truth about the income tax
and the agency he represented. He credited Peymon Mottahedeh of the Freedom
Law School, Bill Conklin, Bill Benson, Devvy Kidd, Geoff Metcalf and the
Free Enterprise Society for educating him about three allegations that he
gave himself to investigate: 1.) that no law made anyone liable to pay the
income tax and that filing a return was voluntary, 2.) that the 16th
Amendment was never properly ratified, and 3.) that the nature of the
Federal Reserve and fiat money meant that monies collected from the income
tax were not necessary to fund the Government.
After discovering this information, using his investigative skills, Joe
wrote a 90 page report. A report similar to one he would write when
documenting a money trail. He submitted it to his superiors
with a request that someone answer the allegations and to send it to the
highest levels of the agency if necessary. Later he understood that his
report made it at least as far as the Undersecretary of the
Criminal Investigative Division of the IRS back in Washington. After a week
he got a response, a letter informing him that his report would not be
answered, and that he would be immediately placed on
administrative leave until he decided what he intended to do. What could he
do? He resigned.
In a very touching part of his speech, Joe seemed choked up describing how
Bill Benson, who had every right to be skeptical and protective after being
imprisoned, harassed and tortured for his work exposing the truth about the
ratification of the 16th Amendment, presented him with one of his most
important certified copies of a document proving his research. This act of
trust on Bill Benson's part obviously made an impact upon the IRS CID
Special Agent.
His speech was interrupted by many standing ovations from the crowd, and he
even announced that he had an additional surprise for the audience -- and
no, it wasn't the calling in of armed agents. It was another IRS agent,
this time a Collection Agent who, while retired from the service, was
employed by them for ten years. His friend, John, had only a short time to
speak, but he too confirmed that his journey in retiring from the agency was
very similar to
Joe's.
THE 90 PAGE REPORT PUBLICLY RELEASED
The first edition of Joe Banister's report "Investigating the Federal Income
Tax" sold briskly at the Freedom Rally for $20 or 10 copies for $100. The
attendees were encouraged to distribute the report to family and friends who
previously might have been very skeptical when presented with 'tax
protestor' allegations. Joe points out that his complete report can also be
electronically downloaded for free at his web site,
www.freedomabovefortune.com.
The audience was also encouraged to write letters to their political
representatives; below is the sample letter that was distributed at the
Rally. After the letters, are copies of emails that were received by Beyond
the Mainstream Media prior to this weekend's Rally announcing the event and
introducing Joe.
Beyond the Mainstream Media is currently transcribing Joe's presentation to
distribute, but the audio and video tapes of the speech can be ordered at
www.freedomlaw.org for $5 and $12 respectively. Read Joe's report online,
then order the hard copy to pass around. Request from those that you give
it to, to get back to you in 2 or 3 days with their opinion. Also have them
promise that they will read at least 2 pages of the report before going to
bed that evening -- that should ensure that they start the report instead of
just throwing it into a pile to get to later, and once they start they will
recognize its importance.
[end of event reporting]
LETTER TO SEND TO SENATORS AND REPRESENTATIVES
From:
To: _____________
Dear
Recently it has come to my attention that a gentleman by the name of Joseph
R. Banister, a former C.I.D. agent with the IRS has conducted an
investigation into the income tax laws and discovered some startling
revelations. Before sharing with you the information Mr. Banister
discovered I would like to briefly relate Mr. Banister's credentials.
Mr. Banister graduated in 1986 from San Jose University with a Bachelor's
degree in accounting. He spent three years as a professional tax specialist
at KPMG Peat Marwick. Additionally he spent two years in the venture
capital industry where he became a licensed Certified Public Accountant in
the State of California. In 1993 he left the private business world and
became a special agent for the Department of Treasury, Internal Revenue
Service, Criminal Investigation Division, (IRS-CD) in San Jose, California.
Mr. Banister continued in this line of work until February 25, 1999.
However, after submitting a 90 page report relating to his investigation
into the federal income tax, and the application thereof, to highest ranking
officers in the IRS and Department of Treasury, Mr. Banister was invited to
resign from the Service.
As you can see, Mr. Banister is trained in tax law as well as an experienced
investigator when it comes to investigating and identifying criminal
activity. In the report submitted to the government by Mr. Banister, he
came to three very important conclusions. First, that filing tax returns
and paying individual
income taxes was purely voluntary. Next, he came to the conclusion that
there was irrefutable proof that the Sixteenth (purported Income Tax)
Amendment to the United States Constitution was never ratified. Finally,
Mr. Banister reached the conclusion that the United States government
finances its operations from the creation of unconstitutional fiat money,
and not from the income taxes collected from the people.
Mr. Banister not only made an independent investigation into the income tax
laws, and the application thereof, he went to several sources in an attempt
to refute the conclusions he came to as set forth above. Originally Mr.
Banister's mission was to prove that the above outlined conclusions are
wrong. By doing the research, he could correctly counsel misguided "illegal
tax protestors" in an intelligent and concise manner, showing them the
errors of their ways, and bringing them into compliance with the law.
What Mr. Banister discovered defied everything he had been taught about the
individual income tax laws. After completing his investigation Mr. Banister
submitted the aforementioned report fully expecting the United States
government to either resolve these issues and present the law and evidence
which would prove his conclusions to be erroneous, or; admit to the truth of
his report and take the appropriate steps to prevent any further government
abuse under the guise of the purported income tax laws. The IRS' response
to Mr. Banister's report was absolutely shocking. The highest levels of the
IRS in Washington D.C., had blatantly refused to even attempt to respond and
refute any of the amazing findings of Mr. Banister's report. This action of
the IRS removed any reservations and doubts that Mr. Banister had about the
conclusions contained within his report.
Mr. Banister contacted such people as Mr. Bill Benson a former criminal
investigator for the state of Illinois tax department. Mr. Benson's
criminal expertise was in the area of tax fraud. Mr. Benson was the
gentleman responsible for collecting over 17,000 documents evidencing the
fraud behind the ratification of the Sixteenth Amendment, along with the
fact that the amendment had never received the vote required by The States
for ratification of the Sixteenth Amendment.
Mr. Banister also contacted other persons such as Bill Conklin, a tax expert
in Colorado who has litigated many cases against the IRS to a successful
conclusion. Mr. Conklin is not only a trained and experienced paralegal and
researcher, he is also an English expert. Mr. Banister also accumulated
information from tax experts such as Devvy Kidd, Free Enterprise Society,
and the Freedom Law School to name a few. In a nutshell, Mr. Banister's
investigation was professional, thorough and to the point completely
supported by
the U.S. Constitution, IRS Codes, regulations, manuals, as well as numerous
standing court cases.
Mr. Banister became painfully aware that there was indeed an enormous
misapplication and misunderstanding of the Sixteenth Amendment and income
tax laws by the IRS on the American People. He became deeply aware as to
how deeply the American people have been misinformed and misled about the
nature and application of the U.S. Constitution and Income Tax laws.
Given the information I have submitted to you above, I believe it is your
duty to conduct an independent investigation into the investigative report
submitted to the government by Mr. Banister. Although I fully believe that
the issues raised by Mr. Banister are legal questions that should have been
ruled upon by the courts, to my amazement, the courts in cases such as U.S.
v. Stahl, 792 F.2d 1438, 1440 (9th Cir, 1986), under the excuse that
judicial ruling on these issues "is forbidden by the respect due to a
coordinate branch of the government" have ruled that these issues are not
legal questions, but "political questions" that should be resolved by our
legislatures.
Therefore I trust that you will begin a serious and independent
investigation in the above matters consistent with you oath of office. The
report of the Congressional Research Service which is authored by Mr. John.
R. Lucky misapplies the questions which have been raised by Mr. Banister and
others in the past about the income tax and therefore fails to address the
issues which were asked about. Therefore I ask you to not to simply rely
upon and send me a copy of that incomplete and misguided report.
I implore you not to pass your obligations on to the IRS either, but rather,
conduct the investigation with personnel from your office without reliance
upon IRS' canned answers which fail to address the questions at hand. You
can check into Mr. Banister's report and contact him through his
(appropriately named) web site, www.freedomabovefortune.com. I would like
you to inform me of your findings on Mr. Banister's report.
Sincerely,
[end of letter]
STEFFAN M. BERTSCH'S EMAIL INTRODUCING JOE
Distributed by ICE (Investigating Curious Evidence)
All,
Those who might wish to send a message of encouragement to Special
Agent Joe Banister can do so by way of Steffan at the email address
below. If you wish your return email address not to be shown, state
as much, and I'm sure Steffan will redact it for you. ICE
*******************************************************************
Date: Fri, 19 Feb 1999 11:56:56 -0800
From: Steffan
To: ICE
Subject: IRS SPECIAL AGENT NEEDS SUPPORT!
SPECIAL NOTICE REGARDING A VERY SPECIAL AGENT
FROM: Steffan M. Bertsch
TO: All Who Love Liberty (Those who have boards or lists, please post if
you can)
A friend of mine is a Special Agent for the IRS in Central California.
That's correct, I have a friend who is CID, and he's also a CPA. My
friend's problem is that he is honest, God-loving, and, worst of all,
inquisitive. Many will think because he's IRS, he's poison. That would be
an incorrect assessment of him, bigoted and wrong. And, I must add, that
while few are the Revenue Officers I have dealt with that I would ever
believe, the opposite has been my experience with CID. I have met several
CID whose word I do trust.
Joe Banister is currently in the employ of the IRS as a Special Agent.
However, he has fallen from the good graces of his employer because one day
he was listening to KSFO in the Bay Area when Devvy Kidd was being
interviewed.
As he listened to the radio, he heard Devvy explain the fraudulent
imposition of the Internal Revenue Code as only she can; he struggled with
the message, and, decided to contact Devvy and prove her wrong. From that
point forward, Joe was on the trek through wonderland, discovering many of
the tricks and traps in the code which paint a devious illusion of an income
tax, without really imposing it upon individual people.
I understand this trek all too well. I was rudely placed upon the path
several years ago by my friend called ICE challenged me to show him the
statute which makes individuals liable for the income tax. Being a criminal
defense attorney by trade, I figured the challenge would be easily met, and
took it on anticipating a quick discovery of the code section. I thought a
few minutes in the law library would reveal the statute, but, alas it eluded
me as I searched. My few minutes turned into two solid days in the library,
and it was a couple of weeks before I concluded that I had proven the
negative. In short, there was no such law.
The stages I went through were amazement, incredulity, depression, rage, and
finally, enlightenment. While before this trek I had enjoyed somewhat of a
relationship with God, it was one of convenience at best. But, upon
realizing that our federal government was deep into a Ponzi scheme, I had to
then assess that my government, the United States of America, was collecting
revenue and running on lies! I realized that My God and its god were very
different indeed. It did not take long for my relationship of convenience
with my Divine Creator to turn into a diligent, personal quest of mine. I
can gladly report that bearing up to the fraud and facing it was worth every
minute, every dollar and every ounce of energy I expended searching for the
Truth. Because, the Peace I now feel knows no national boundary, no
planetary confine. I stand now not out of convenience, but absolute
resolve, with my True Loving God, for now and all time. I cannot speak for
Joe, but, do advise him that is only through knowing the God of Truth can
one can really face the horrible fraud that is being perpetrated by our
government.
Joe, in dutiful fashion, upon discovering the lack of authority for
enforcing the IRC, prepared a report for the IRS to address various
questions concerning the tax code and its enforcement, and tendered it to
his supervisor on February 11, 1999. This report was prepared on his own
time because Joe did not think that the government would take kindly to him
proving the same negative that I did while on the federal clock. His effort
was rewarded with something akin to a pink slip. On February 17, 1999, Joe
received notice that he had been placed upon administrative leave for seven
days to think things through. In other words, Joe can be either accept
re-programming to again believe the illusionary tax is real, or forfeit his
job.
I would guess that Joe's been through all the stages I noted above.
Amazement &c. And, now, my friends, he needs your support and prayers.
Hopefully his courageous step will be followed by other CID who now have the
candle lit for them, and if they seek Truth, will discover it if they follow
Joe's path. Are there any other honest, God-loving, inquisitive members of
the CID?
Remember his name, Joe Banister, a True Friend of Liberty.
[end of email]
EVENT ANNOUNCEMENT EMAIL WITH LETTER FROM JOE
(From Peymon, Bill Benson and ICE)
From: BILL BENSON <"bben...@ix.netcom.com"@ix7.ix.netcom.com>
Subject: IRS SPECIAL AGENT finds NO INCOME TAX LAW EXISTS!!!]
To All
Remember as Bill Benson always tells the world, TOGETHER WE SHALL WIN !!!!
have a happy day.
BILL BENSON
*****************************
***Joseph R. Banister, Special Agent of the IRS finds NO LAW THAT
REQUIRES ANY AMERICAN TO FILE AND PAY INCOME TAX!***
Where: At the Freedom law School's Freedom Rally www.freedomlaw.org to be
held at Sheraton Hotel in Newport Beach, California on March 13-14th, Mr.
Banister will share his findings and Report with the American People.
To: All Freedom Loving Americans
Date: February 25, 1999
From: Peymon Mottahedeh, President Freedom Law School
Dear Fellow American,
Over the last 14 months, Freedom Law School along with Bill Conklin,
Free Enterprise Society, Attorney Larry Becraft, Devvy Kidd and Bill Benson
have been in communication with Joseph R. Banister, who is a Special Agent
(Criminal Investigation Division) of the IRS in San Jose, California, and
educated Mr. Banister as to how and why there is NO LAW THAT REQUIRES ANY
AMERICAN TO FILE AND PAY INCOME TAX!
Mr. Banister with his own time and money has verified that:
1) There is NO federal STATUTE (law written by Congress of the United
States) which REQUIRES ANY AMERICAN TO FILE AND PAY INCOME TAX.
2) The 16th (the INCOME TAX) AMENDMENT of the U.S. Constitution, which
was NOT PROPERLY RATIFIED INTO THE U.S. CONSTITUTION.
3) The U.S. Government operates NOT by revenues from the Income Tax, but
by borrowing MONEY, which has been CREATED OUT OF THIN AIR, from the Federal
Reserve Banks.
At the bottom of this message you will find a copy of the E-Mail which
Mr. Banister sent me. Mr. Banister had written a 90 page report of his
investigation of the Income Tax on February 11, 1999. This report is fully
backed up by references to the U.S. Constitution, the IRS Code, Internal
Revenue Manuals and court cases.
Mr. Banister presented this 90 page report to his superiors and asked
them to present it to the highest ranks of the IRS, up to and including the
Commissioner of IRS, Mr. Charles O. Rossotti. Mr. Banister informed the IRS
leadership that unless they could point-by-point refute his findings, Mr.
Banister would resign from his position INSTEAD OF ENFORCING A NON-EXISTENT
LAW!
Apparently the Commissioner of IRS, Mr. Charles O. Rossotti and the high
level officials of the IRS, who each have taken an oath to "uphold and
defend the U.S. Constitution from all enemies, foreign or domestic", have
VOLUNTARILY chosen to COMMIT TREASON on the American People by refusing to
review and consider the findings of Mr. Banister, which squarely challenged
the lawful basis of the IRS enforcing a NON-EXISTENT and VOLUNTARY INCOME
TAX on the American people by use of VIOLENT FORCE!!!
On February 17, Mr. Banister was called into his Chief's office. Mr
Banister was informed that his report had been reviewed "by the highest
levels of the IRS". Mr. Banister was given a memorandum which in part read:
"The Internal Revenue Service will not be responding to your request and
will provide you with the necessary paperwork to tender your resignation.
You will be placed on administrative leave effective upon receipt of this
memorandum for a period of seven calendar days to consider what actions you
wish to take."
Today, February 25, 1999, the anniversary of the alleged ratification of
the 16th (income tax) Amendment, Mr. Banister resigned from the IRS so that
he may freely and fully inform the American people of his findings regarding
the income tax and the U.S. Government.
Mr. Banister will be appearing at Freedom Law School's 1999 Freedom
Rally on March 13-14th, at Sheraton Hotel (949)833-0570, 4545 Mac Arthur
Blvd, Newport Beach, California to share his findings and release his
report: "INVESTIGATING THE INCOME TAX: A PRELIMINARY REPORT" to the
American People.
To find out the latest developments and findings of Mr. Banister you may
contact Freedom Law School at www.freedomlaw.org freed...@home.com . You
may also call us at (714)838-2896. However, since we have limited number of
phone lines and staff, please use our web-site and E-Mail whenever possible.
"All that is needed for Evil to conquer, is for good men to do nothing!"
"Price of liberty is eternal vigilance."
"If not now, when?"
"If its to be, its up to me."
We at Freedom Law School encourage you to investigate this Report of Mr.
Banister regarding the Income Tax and the U.S. Government, and let your
local IRS agents/officials, Congressmen, Senators and President know what
you want them to DO in response to Mr. Banister's Report. You can find the
E-Mail and phone number of your congressmen at www.house.gov .
Please share this message with the Freedom Loving American People.
***Below is the full text of Mr. Banister's E-Mail to Freedom Law School***
Dear Friends:
Well, the day of reckoning has arrived. On February 11, 1999, in my
capacity as a Special Agent and federal law enforcement officer sworn to
support and defend the Constitution of the United States, I submitted a
"preliminary report" to the Chief of the IRS Criminal Investigation Division
for the Central California District. My report summarized my findings
regarding allegations that the income tax and filing of federal income tax
returns is voluntary, that the 16th Amendment was never ratified, and that
income taxes are not used to pay for daily government operations.
In order to ensure that unnecessary and unwarranted delay would not occur, I
requested that my report be forwarded to top officials in the IRS up to and
including Commissioner Charles O. Rossotti, and I respectfully requested
that the Commissioner or his designee respond to the evidence in my report
within 30 days. Today, my Chief called me into his office and gave me a
memorandum. The memorandum dated February 17th, 1999, read in part:
The Internal Revenue Service will not be responding to your request and will
provide you with the necessary paperwork to tender your resignation. You
will be placed on administrative leave effective upon receipt of this
memorandum for a period of seven calendar days to consider what actions you
wish to take.
I was told that officials at the highest levels of the Internal Revenue
Service were consulted regarding a response to my report. Apparently, I have
now joined the ranks of every other taxpayer who ever was ignored or
otherwise rebuffed by the Internal Revenue Service when they petitioned the
IRS for a reasonable explanation. The only conclusion that I can reach is
that those officials thought it was better to rebuff my request and pass up
a golden opportunity to prove my research wrong than to have to admit that
so-called "tax-protesters" and other supporters of the U.S. Constitution
have been right all along. Ironically, had the IRS taken the time to
address my concerns, or perhaps perform the simple task of proving the
allegations wrong, I would have gladly been their spokesman advising
taxpayers not to fall for these untrue allegations for the rest of my
career.
As the memorandum states, I have until Friday, February 26th, 1999, the day
after the 86th anniversary of the alleged ratification of the 16th
Amendment, to tender my resignation. This is certainly a sad day in my
life. Although I was hoping for a better result, I learned today after over
two years of investigation that the Internal Revenue Service is everything
that the so-called "tax protesters" said it was; non-responsive, unable to
withstand scrutiny, tyrannical, and agency oblivious to the rule of law and
the U.S. Constitution.
May God help us all.
Joseph R. Banister
[end of email]
HERE COMES THE FLOOD'S EMAIL TO MATT DRUDGE
March 15, 1999 Letter to Matt Drudge at The Drudge Report:
Matt,
This weekend I attended a gathering of some 300 to 500 people who listened
to Joe Banister, an IRS Criminal Investigative Division Special Agent (San
Jose office). He announced that he had been conducting his own independent
research attempting to disprove allegations made by the tax protest
movement.
Using his investigative skills that his CPA license and IRS training
provided him, he examined three separate allegations:
1. That no law exists which requires the filing of the income tax. The act
of filing a return is voluntary and has to be because of the 5th Amendment
to the United States Constitution.
2. That the 16th amendment to the Constitution, the so-called income tax
Amendment, was never properly ratified -- not even by one state.
3. That the income tax does not provide necessary revenue for the national
government since the monies used by the government is provided by the
Federal Reserve creating fiat money.
At the Sheraton Hotel in Newport Beach, California, he announced his
findings in a special report, "Investigating the Income Tax" and in a hour
long presentation.
In a nutshell, his conclusions were that the allegations were deemed to be
accurate.
Once discovering the allegations to be accurate, Joe submitted his report to
his superiors. Joe was under the impression that his report made it at
least as far as the Undersecretary of the IRS, CID division back in
Washington, D.C.
He was informed that his report would not be addressed and that he would be
placed on administrative leave for 7 days or until he decided what to do.
On the six day of administrative leave, Joe resigned from the IRS.
Joe told me that he had been contacted by Sarah Foster of WorldNetDaily, but
he had not been able to set up an interview with her as of Saturday. In my
initial scan of news sources today, I did not see any coverage of Joe's
announcement. This will be a story followed by many of us out here in the
online community. If you would like to break the story, please see Joe's
web page at www.freedomabovefortune.com which contains Joe's report and
contact information and/or www.freedomlaw.org which contains details on this
weekend's events.
Please consider breaking this story, most news sources (including
WorldNetDaily? -- after all one of their columnist's Geoff Metcalf was the
impetus in Joe's decision to conduct his investigations, they cannot be
unaware of the story) seemingly will not touch this story.
This is the next news blockbuster waiting to happen, it has everything; an
expose on the most hated of all possible government agencies, a whistle
blower being prosecuted, unresponsive bureaucrats. a likeable believable
hero (Joe) who is very verifiable and accessible, AND it is tax season. If
no news source picks this up until after April 15 it will be the equivalent
of NBC sitting on the Jane Doe #5 interview until after the impeachment
vote.
This is attention getting stuff. The story is just sitting there waiting to
be picked up. Please look into it.
Your friend,
Scott Laughlin
LINKS TO WEB SITES LISTED IN ABOVE STORY
Joe Banister's Freedom Above Fortune:
Freedom Above Fortune
P.O. Box 90239
San Jose, CA 95109-423
http://www.freedomabovefortune.com
email: jban...@freedomabovefortune.com
Devvy Kidd
http://www.devvy.com
Peymon Mottahedah, Freedom Law School
http://www.freedomlaw.org
Free Enterprise Society
http://www.freeenterprisesociety.com
Bill Conklin
http://www.anti-irs.com
ICE (Investigating Curious Evidence)
http://www.coolmedia.net/ice/welcome.ht
************************************************************************
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