We The People

The purpose of this board is to track the status of activity, cases, and ultimately the incarceration or fines against TP promoters and certain high-profile TPs.
AndyK
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We The People

Post by AndyK »

WTP (Foundation and Congress) each have an open CDP case in Tax Court: 20999-10L and 20998-10L.

In each case, the Court issued an order containing
Judge Chiechi wrote:ORDERED that petitioner shall file a response to respondent's motion {for summary judgment}, which shall be received by the Court on or before September 29, 2011. In the event that the Court does not receive from petitioner on or befofe September 29, 2011, a response to respondent's motion, the Court may grant respondent's motion and enter a decision for respondent.
As of today, neither case's docket sheet shows an entry for said response.

Could it be that the fat lady has begun to sing?
Taxes are the price we pay for a free society and to cover the responsibilities of the evaders
fortinbras
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Re: We The People

Post by fortinbras »

For all of Schulz's pretensions that WTP has lawyers in its ranks, obviously none has stepped forward to handle this problem for them. Mark Lane played a role in that petition fiasco a few years back only because they paid him a year's good salary in advance. Looks like the jig is up.
notorial dissent
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Re: We The People

Post by notorial dissent »

But what will poor Bob do without his spurious foundations to sponge off of for a living now, sponge off his equally useless offspring?? That ought to be a hoot.

I would suspect at this point that he has run out of money, since wasn't he claiming paupry as far as their finances were concerned? And as was pointed out he would have to pay to get an attorney to just file in that actions, and I don't think he will find one that wants to get censured to file any of Bob's nonsense, so he is pretty well stuck. I mean where's good ole Larry, the TP's friend and defender, at time like this? Oh wait, he expects to get paid too, and he already knows better than to deal with Bob.

I guess good ole Bob is up da creek widout a paddle and de boat she sinkin fast.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
AndyK
Illuminatian Revenue Supremo Emeritus
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Re: We The People

Post by AndyK »

FWIW, Both teh Commissioner and the Court have allowed Bob to appear and file documents for the Foundation and the Conservancy.

Perhaps the opinion, although not formally stated, is that both organizations -- even though incorporated -- are merely the alter ego of Bob.

In any case, this could lead to an interesting follow-up:

1 - The Tax Court either issues summary judgement or decides against WTP in both cases.

2 - Bob digs up a few dollars, hires an attorney, and the two WTP organizations appeal the decisions based on the fact that they were not properly represented.

Although Bob is an officer of both organizations, he is not an attorney.

The Court's permitting him to continue representing both organizations and file all court papers in their behalf could be opening the door to some new legal issues.

Stay tuned.
Taxes are the price we pay for a free society and to cover the responsibilities of the evaders
Kestrel
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Re: We The People

Post by Kestrel »

fortinbras wrote:For all of Schulz's pretensions that WTP has lawyers in its ranks, obviously none has stepped forward to handle this problem for them. Mark Lane played a role in that petition fiasco a few years back only because they paid him a year's good salary in advance. Looks like the jig is up.
Way back when, Schultz / WTP helped Cryer set up his legal defense fund and solicited donations on his behalf.

Cryer must be too busy now to repay the favor.
"Never try to teach a pig to sing. It wastes your time and annoys the pig." - Robert Heinlein
notorial dissent
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Re: We The People

Post by notorial dissent »

Or, they could just say, as you pointed out, "that both organizations -- even though incorporated -- are merely the alter ego of Bob" and that they have just pierced to corporate veil, since that is all it is, to deal with the real party, and be done with it.

I think they are tired of wasting their time with Bob and his endless carryings on, and whether he knows it or not, it is done.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
AndyK
Illuminatian Revenue Supremo Emeritus
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Joined: Sun Sep 11, 2011 8:13 pm
Location: Maryland

Re: We The People

Post by AndyK »

Unfortunately, I don't ahve access to the documents filed by the Commissioner.

However, since none of the Court's documents mention an alter ego theory, it probably hasn't been raised.

Unless Bob has managed to file something within the deadline or gets the Court to grant an extension, the next document we'll see will be either an opinion or a decision from the Court.
Taxes are the price we pay for a free society and to cover the responsibilities of the evaders
jcolvin2
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Re: We The People

Post by jcolvin2 »

Summary judgment denied with respect to receipt of NOD and final determination that WTP is not a tax exempt organization:

https://www.ustaxcourt.gov/InternetOrde ... rsID=61143
Dr. Caligari
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Re: We The People

Post by Dr. Caligari »

Summary judgement is denied, but Petitioner is warned about section 6673 (penalty for frivolous litigation). Must have been interesting opposition papers.
Dr. Caligari
(Du musst Caligari werden!)
notorial dissent
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Re: We The People

Post by notorial dissent »

I don't know if "interesting" is exactly the description I would have chosen, but since it is good ole Schulz we are talking about you can bet it was heavily larded with great lashings of Schulzian BS and pseudo-imaginary law and fact, all leading back to the same inevitable and inexorable ending as all his previous efforts.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
Famspear
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Re: We The People

Post by Famspear »

We recall that the Internal Revenue Service revoked the tax exempt status of "We the People Congress, Inc." and "We The People Foundation for Constitutional Education, Inc." Around March of 2010, the Foundation reported that its tax exempt status had been revoked effective retroactively to the year 2003, and that the IRS was preparing to execute levies for alleged tax deficiencies stemming from the revocation. Robert L. Schulz, on behalf of these two "organizations," has been fighting the collection actions in U.S. Tax Court. Here is a Bench Opinion from the U.S. Tax Court in the cases of We the People Congress, Inc. v. Commissioner, case no. 020999-10L, and We The People Foundation for Constitutional Education, Inc. v. Commissioner, case no. 020998-10L:
Bench Opinion by Special Trial Judge Lewis R. Carluzzo

October 31, 2013

We the People Foundation for Constitutional, Inc. et al.,

Docket No. 20998-10L, 20999-10L

THE COURT:

The court has decided to render oral findings of fact and opinion in these consolidated cases, and the following represents the Court's oral findings of fact and opinion (bench opinion).

Section references contained in this bench opinion are to the Internal Revenue Code of 1986, as amended, in effect for the relevant period. Rule references are to the Tax Court Rules of Practice and Procedure.

Prior to consolidation, by Order dated October 18, 2012, each of these section 6330(d) cases was assigned "for the purpose of resolving whether petitioner is entitled to challenge the underlying liability giving rise to the instant collection action." By order dated November 2, 2012, the cases were consolidated and otherwise assigned for trial or disposition. See sec. 7443A(b)(4). These consolidated cases are subject to, and are conducted in accordance with Rules 180, 181, and 182. This bench opinion is made pursuant to the authority granted by section 7459(b) and Rule 152. Except as provided by Rule 152(c), this bench opinion shall not be relied upon as precedent.

Robert L. Shulz [sic; should be spelled "Schulz"], an officer of each petitioner, appeared on their behalf. Shawna Early appeared on behalf of respondent [Commissioner of Internal Revenue].

In an Order dated April 19, 2013, the Court ruled that petitioners are not, in this proceeding, entitled to challenge the existence or the amount of the underlying liabilities to which the collection actions here in dispute relate. See sec. 6330(c)(2)(B). The pleadings in this case show, as confirmed by Mr. Shulz [sic] at trial, that there are no other issues in dispute in this proceeding. Other issues that could have been raised by petitioners under section 6320 or 6330 are therefore deemed conceded by them. See sec. 6330(c)(2)(A).

It follows that respondent may proceed with the various collection actions proposed in the various notices of determination that form the basis for the Court's jurisdiction in these cases.

To reflect the foregoing and the ruling in the Order dated April 19, 2013, decisions will be entered for respondent.

This concludes the oral findings of fact and opinion in this case. And I believe that concludes all of our proceedings on the New York and Westbury trial section as well as the two special sessions. So all of our sessions are adjourned.
Here is the related order on December 13, 2013:
Pursuant to the determination of the Court as set forth in its bench opinion rendered on October 31, 2013, it is

ORDERED that the Clerk of the Court shall transmit herewith to petitioners and to respondent a copy of the pages of the transcript of the further trial in the above case before Special Trial Judge Lewis R. Carluzzo at New York, New York, (Special Trial Session), containing his oral findings of fact and opinion rendered at the trial session at which the case was heard.

In accordance with the oral findings of fact and opinion, decisions will be entered for respondent.

[signed] Lewis R. Carluzzo
Special Trial Judge
December 13, 2013
"My greatest fear is that the audience will beat me to the punch line." -- David Mamet
AndyK
Illuminatian Revenue Supremo Emeritus
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Re: We The People

Post by AndyK »

Strange how the "Latest News" sections on both the Foundation and Congress web sites don't seem to feel that the ongoing -- and now resolved -- Tax Court case is worthy of mention.

Then again, if the news was posted, it would have to include Bob's monumental foul-up which laid victory at the feet of the IRS.
Taxes are the price we pay for a free society and to cover the responsibilities of the evaders