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Joseph R. "Joe" Banister

Tuesday, March 02, 2004

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IRS Reveals "Silence Advocacy Project"

IRS Looks to Nixon Era Model For Punishing War Protestors

Dear Friends:

For those following my continuing battle to expose IRS wrongdoing and the IRS’s attempts to silence and discredit me for doing so, you will recall that on January 23rd, 2004 I submitted to the Secretary of the Treasury a 50 page appeal of Administrative Law Judge (ALJ) Moran’s “Initial Decision” to “disbar” me from “practice” before the IRS. (www.freedomabovefortune.com , click on “IRS LOCKOUT UPDATE” and scroll down near the bottom of the document list)

I just received word that the IRS has filed a legal brief replying to my appeal to the Secretary. I have not yet read the IRS’s reply brief but my attorneys say it is truly startling because the IRS actually admits its true objective – a “Silence Advocacy Project”. That's right...the IRS wants to use the “DOP” (Director of Practice) as a secret police force to monitor and punish political advocacy. This secret police force is based on a very similar Nixon-era secret group within the IRS used to punish war protestors in the late 60s. Is it any surprise that the agency fought so hard to limit all discovery (my right to learn details about the government’s evidence and witnesses) in the case against me? Is it any surprise that the IRS is desperately fighting my appeal?

The “Silence Advocacy Project” uses the IRS Director of Practice and its little Hoover-like enforcers such as Mr. David Finz (whom my counselors of law proved committed perjury in my case) to silence all advocates and advocacy it disfavors. First, these enforcers monitored my political appearances, then admitted that the referral of the IRS complaint against me resulted from my talk radio appearances. (Apparently IRS officials simply can not tolerate one of their former criminal investigators telling America the truth about the agency’s deceitful and illegal practices.) Where did the IRS acquire the authority to engage in such monitoring of 1st Amendment activities? Hint – they never acquired such authority – at least not legally. Congress only allowed the IRS Director of Practice to regulate actual "practice before the IRS”. Are you ready for this? The IRS claims that "practice before the IRS" actually includes anything involving "preparation" for any kind of "presentation" that might involve a "right" of a taxpayer. In other words, according to the IRS, all the political rallies a person attends or speaks at and all private political strategies and efforts are subject to IRS scrutiny. Can you believe this? And you thought the IRS just collected the income tax “with integrity and fairness for all” as outlined in the agency’s mission statement!

Sprinkle in the new powers of the Patriot Act, and the IRS Director of Practice just crowned itself the most powerful agency in the federal government, accountable to no one and with access to all private financial information through its IRS tax and financial databases, administrative subpoenas and audits outside of normal judicial process, combined with the power of a secret law enforcement tribunal which can label someone a "fraud," strip them of their professional livelihood, and set them up for other charges without ANY access to due process of law or right to confront their accusers!

What about Constitutional restraints? Forget it. The IRS now claims that the right to “practice” before the IRS is not a "license" at all, so that due process rules do not apply. (Ironically, the IRS doesn't explain how it can deny someone like me the right to “practice” before the IRS if the right to “practice” is not a “license” in the first place.) The IRS says it can ignore what laws it wants, but every client advocate must now conduct "due diligence" to rat out their client to the agency, stifle public dissent, and can never disagree with the agency's interpretation.

The IRS has even now admitted that my arguments have been accepted on numerous occasions by IRS officials, leading to refunds for taxpayers. So why am I being punished? Because an "advocate" who “practices” before the IRS is expected to follow the opinions of tax court "judges," though the IRS is free to ignore those opinions as it pleases (such as when it benefits the IRS, or when it helps a politically connected taxpayer.)

Haven’t law-abiding, hard-working Americans put up with this kind of tyranny long enough?

With your prayers and financial support, you have helped me to force these IRS officials out from the dark recesses of their bureaucracy into the bright light of truth, opening the eyes of the American public to the fact that the IRS Emperor has no clothes. At every stage of this process, we can sense IRS officials salivating at the opportunity to discredit and silence me, but each and every time they have to step into the light and expose themselves and their true objectives.

Did you know that people around the world are paying close attention to this once quiet case? I have received inquiries from human rights activists in New Zealand, media requests from publications with a nationwide readership, and discussion of my case from across the political spectrum. Finally, people are beginning to see how IRS officials stack the deck against them. In their dealings with the public, these officials profess to be oh so concerned about your rights and the integrity of the income tax system. When the public isn’t looking, however, these officials have created scheme after scheme to make sure you never prevail against them. I want to expose and put an end to these schemes and I need your help to do it!

There is no way I could have reached this point without your spiritual and financial support. My legal team must spend many hours each week evaluating and studying these IRS creatures and the steps they take, as well as planning how to prevail against the future steps they may take. The skills and determination of attorneys Robert Barnes and Robert Bernhoft have been the roaring engine of this effort and you have provided the fuel.

Unfortunately, preparation of the 50 page appeal and related work up to this point has caused the tank to get a little low on fuel. I need you to help me send the IRS a nice loud message about its "Silence Advocacy Project" and other schemes we will be uncovering as we continue to litigate this case.

I need your help to fully expose the rest of the contents of the bag of dirty tricks carried around in the back pockets of these IRS officials. The tide is turning. Your help made this possible -- you helped us force the IRS to expose its true agenda, and we will keep smoking them out, creating even more world-wide attention to be paid to this case. I believe there may be more shocking new evidence coming forth soon about ALJ Moran’s conduct in this matter, but I need your help to cover the costs of this process. As many of you know, I made many personal and professional sacrifices to fight for this cause because my faith prohibits me from bearing false witness against my neighbor and because I promised to support and defend the Constitution – and I keep my promises. Your continuing prayers and contributions keep this fight alive.

Donation information can be found by visiting www.freedomabovefortune.com and clicking on “IRS LOCKOUT UPDATE”. Recurring donations, even in smaller amounts, would be greatly appreciated. Donations can be sent to Joseph R. Banister in care of Freedom Above Fortune, P.O. Box 90239, San Jose, California 95109-4239.

My sincere gratitude to each and every one of you who have helped me in the past and to those who will continue to help in the future. Thank you very much.

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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-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" or visit http://joebanister.blogspot.com/.

-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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