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Joseph R. "Joe" Banister

Wednesday, January 28, 2004

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Joe Banister Appeared on Clark Howard Show

Dear Friends:

I appeared on the Clark Howard show today ( www.clarkhoward.com ) . For those who were not able to listen, the show is archived at www.hearliberty.com.

Mr. Howard explained to his listeners that he had called me a “clown” in the past and apologized to me on the air for doing so. I accepted his apology. Mr. Howard was very polite and professional and gave me a reasonable opportunity to speak at some length about my position and beliefs. Given the limited time he has each day and the volume of topics, I think he was quite generous in providing rebuttal time. I was a little disappointed that he just sent me back to his producer without saying good-bye but I imagine time constraints prevented a more cordial send-off. Despite his opposition to my presentation, he was a gentleman.

It was obviously impossible to encapsulate my 7 years of good-faith effort, investigation, and research into 15 minutes of debate, but I am, nonetheless, grateful for the opportunity to provide a perspective rarely found in the national media.

I, myself, have been a fan of Clark Howard for quite some time because of his grasp of so many topics and issues. My hope is that he will be able to find the time to look into the administration and enforcement of the federal income tax system and come to learn that it is truly an abomination for IRS officials to break the law and/or exceed their lawful authority in the name of revenue collection. I hereby publically extend an offer to come to Atlanta and personally show him the evidence that has convinced me beyond any doubt that IRS officials do, indeed, break the law and exceed their legal authority in administering the federal income tax system.

Don’t forget that your efforts made this happen. Never give up the education campaign! Remember, Clark Howard first said this:

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You owe income tax, so pay it!
Did you know that the income tax is a hoax? Well, not really. But some confused and potentially dangerous people out there think it’s true. This topic comes up every year around tax time because certain people believe income taxes are unconstitutional. And they tell everyone this, trying to persuade people to join them in the crusade. The latest clown in the show is a guy named Joe Banister, who used to be a special agent with the IRS. He is a CPA and he would tell clients that they didn’t have to pay income taxes. Now, these clients owe back taxes and all kinds of penalties. So, Banister has been banned from seeing clients all together. The idea that paying taxes is unconstitutional is false. How would we pay for the federal government without taxes. And until an edict comes down from the U.S. Supreme Court, you owe what you owe. So pay it. You don’t do yourself any favors by hiring a consultant or reading books on this. You’re just helping people get rich who don’t deserve it.
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That same message from his January 13, 2004 “Show Notes” ( http://clarkhoward.com/shownotes/2004/01/13.html ) has been changed to say this:

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You owe income tax, so pay it
Did you know that the income tax is a hoax? Well, not really. But some confused and potentially dangerous people out there think it’s true. This topic comes up every year around tax time because certain people believe income taxes are unconstitutional. And they tell everyone this, trying to persuade people to join them in the crusade. The idea that paying taxes is unconstitutional is false. How would we pay for the federal government without taxes. And until an edict comes down from the U.S. Supreme Court saying different, you owe what you owe. So pay it. You don’t do yourself any favors by hiring a consultant or reading books on this. You’re just helping people get rich who don’t deserve it.
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Notice anything different between the before and after versions?

Don’t forget to read my appeal prepared by the Bernhoft Law Firm by visiting www.freedomabovefortune.com , clicking on “IRS LOCKOUT UPDATE” and scrolling down near the bottom of the document list.

Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent www.freedomabovefortune.com
http://joebanister.blogspot.com/

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Former IRS Agent Joe Banister To Be on National Clark Howard Show

Listen to show at HearLiberty.com.

WTP received notice from former IRS Agent Joe Banister that he would be appearing Wednesday as a guest on the nationally syndicated consumer-advocate talk radio show hosted by Clark Howard.

Clark Howard had apparently recently ranted, both on-air and off, about the "fraud" being perpetrated by Joe Banister in questioning the authority for the federal income tax . After an initial response from supporters of Banister, Howard decided to put Joe on the air as a guest.

We encourage everyone to spread word of Joe's appearance on this show to be aired Wednesday, at 1 PM Eastern. Links to hear the show are posted below:

The following text was extracted from Banister's message, (with minor edits for use here) :


Dear Friends,

You've done it again. Your time and effort has made a difference. You'll recall that Mr. Clark Howard, nationally known and syndicated consumer advocate and talk show host, made some disparaging comments on the air and on his website as follows:

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[quoting Clark Howard]

"You owe income tax, so pay it! Did you know that the income tax is a hoax? Well, not really. But some confused and potentially dangerous people out there think it's true. This topic comes up every year around tax time because certain people believe income taxes are unconstitutional. And they tell everyone this, trying to persuade people to join them in the crusade.

The latest clown in the show is a guy named Joe Banister, who used to be a special agent with the IRS. He is a CPA and he would tell clients that they didn't have to pay income taxes.

Now, these clients owe back taxes and all kinds of penalties. So, Banister has been banned from seeing clients all together. The idea that paying taxes is unconstitutional is false. How would we pay for the federal government without taxes?

And until an edict comes down from the U.S. Supreme Court, you owe what you owe. So pay it. You don't do yourself any favors by hiring a consultant or reading books on this. You're just helping people get rich who don't deserve it."

[end Howard quote]

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I suggested that people contact Mr. Howard via his website at www.clarkhoward.com and tell him what they knew or thought about me - good or bad, and to urge him to have me on his show so that he could prove his allegations about me from my own mouth. If I am such a bad guy, surely he can have a field day with me by actually having me on his show in person.

This morning I spoke with his producer and she formally invited me to be a guest on Mr. Howard's show Wednesday, January 28th, 2004, at 1:00 PM Eastern Standard Time.

Let's show the fine people at the Clark Howard Show just how many Americans know that there is something very wrong about the way in which
the federal income tax system is administered. Here is what I recommend:

1) Find a radio station near you that carries the Clark Howard Show by visiting http://clarkhoward.com/clarkhoward/radio_list.html (remember his show is syndicated and may run at a later time in your area) or...

2) Listen to the Clark Howard Show live on the internet at 1:00 PM EST on January 28th by clicking on "Listen to the show" on the left hand side of the www.clarkhoward.com website and.

3) Forward this email to everyone on your email lists and encourage them to listen and.

4) Either before, during, or after the show, send your comments tothe Clark Howard Team by clicking on "new email form" in the "Speak to the team" box in the upper left hand corner of www.clarkhoward.com.

In the "Nature of Problem" box, put "Interview of Former IRS Special Agent" or something similar and in the box below that add a brief message. You might include your occupation to show the Clark Howard Team that Americans from all walks of life are aware of deceitful and illegal IRS practices.

The IRS has gotten away for too long with maligning and discrediting good citizens who speak up about the agency's abuses as "anti-government" or "anti-tax". Let's show Mr. Howard that such labels have no basis in fact. Don't forget to thank Clark and his producer Joni for the opportunity to tell the "rest of the story".

Thanks again to all who took the time to contact Clark Howard Show personnel and provide them with information that they were not aware of.
Clark Howard Show Producer Joni told me that they have received a lot of emails and phone calls about me and are excited to discuss this issue. This could not have happened without all of you taking the time to express your views. Congratulations!

Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent
www.freedomabovefortune.com

Listen to show at HearLiberty.com.


Tuesday, January 27, 2004

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Appeal of IRS Whistleblower Alleges Perjury, Illegal Disclosure, and More

Dear Friends:

Please forward to all of your lists and the media...

Appeal of IRS Whistleblower Alleges Perjury, Illegal Disclosure, and More

My appeal of the Administrative Law Judge’s “Initial Decision” to the Secretary of the Treasury, the next step in the my battle to expose the truth about the federal income tax system and the fraudulent manner in which the IRS administers the federal income tax system, has been posted to www.freedomabovefortune.com .

The appeal outlines the outrageous and unprecedented steps taken by the IRS to discredit and silence me because I dared to expose the ugly and illegal treatment of law-abiding Americans. As the facts in this appeal document illustrate, the IRS is willing to violate any Constitutional protection, any law, any regulation, and even their own internal procedures to target those who try to expose them.

The nature and volume of Patriot Act-styled tactics used to silence and discredit me should alarm any American who values freedom and the rule of law. IRS officials have violated my 1st Amendment rights to free expression, free association, and especially my right to petition. IRS officials have violated my 5th Amendment right not to be a witness against myself in a criminal proceeding and my 5th Amendment right to due process of law. IRS officials announced that I had been “disbarred” when, in fact, I had not been “disbarred”. This announcement was not only false but also premature in that the IRS had no authority to publish any order of “disbarment” until such order is final. The order is not final, will not be final for some time, and very likely will never be final, yet the IRS published it anyway. See the appeal document for even more outrages.

Administrative Law Judge Moran, far from an unbiased arbiter between IRS officials and me, completely denied my right to discovery (being able to receive and analyze the evidence that forms the basis for the allegations against me), ordered the wholesale exclusion of my evidence and witnesses from the court record (even prohibiting me from testifying in my own defense), denied my right to confront my accusers by cross-examining them, refused to convene a hearing to which the law entitled me, and, as many will recall, attempted to convene the “Sanction Proceeding” on a military installation located on an island in San Francisco Bay. See the appeal document for even more outrages.

Evaluate the conduct of these government officials throughout this ordeal. If I am the “bad guy” they allege me to be and IRS officials are the champions of the public interest, one would think they would be itching to convene a very public proceeding to parade my alleged atrocities for all to see. Instead, every step taken by these officials is very secret and few, if any, steps are taken in accordance with the rule of law.

My sincere thanks to all who have contributed spiritually and economically to this effort. I hope you will agree that this ordeal, as difficult as it has been, provides a once in a lifetime opportunity for all of us to join together and expose the dirty little secrets that this agency has kept for so many decades. I’m sure you will recognize the huge volume of time and expense invested by Bernhoft Law Firm attorneys Robert Barnes and Robert Bernhoft to put together 50 page appeal documents, etc. I hope you are as proud as I am about the quality of the legal counsel that these fine professionals have provided to date and will continue to support this effort with your prayers and legal defense fund contributions (details can be found by clicking on “IRS LOCKOUT UPDATE” at www.freedomabovefortune.com ) so that I can continue the fight against the seemingly endless resources these IRS officials have at their disposal.

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-For those who have received this message as a forward from someone else, you can sign up to receive these messages directly by visiting www.freedomabovefortune.com and clicking on "Mailing List".

-For those who are unfamiliar with what has transpired to date in this case, please visit www.freedomabovefortune.com and click on "IRS LOCKOUT UPDATE".

-My sincere thanks to those who have prayed for the success of our efforts and contributed to my defense fund. Your continued financial support is enabling me to illustrate, in detail and in a very public manner, that the IRS does not prevail against citizens because the agency adheres to the rule of law, but that the IRS prevails against citizens because the agency ignores the law and overwhelms the citizen with economic and legal burdens. In a school yard, such tactics are called "BULLYING". In a government setting, such tactics are called TYRANNY. This effort is the equivalent of ganging up on the bully and sending him to reform school where he belongs.

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Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent www.freedomabovefortune.com


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