|

|
Welcome to Call to Decision
Subject: SHRIEVEPORT ATTORNEY CHALLANGES INCOME
TAX LAW-CHARGED W
Date: Sun, 18 Feb 2007 22:58:52 -0600
Certainly looks worthy of a contribution......
Attorney
Challenges Income Tax Law
Constitutional History in the Making
Longtime Shreveport, Louisiana, attorney, Tommy K. Cryer, is no
stranger to conflict and controversy. The Hall of Fame attorney,
an honor
graduate of LSU Law School and member of the prestigious Order of
the
Coif, has a reputation for taking on issues no one else would and,
on a
number of occasions, he has made new inroads in the legal world.
But
now he has thrown down the gauntlet in front of the mother of all
800
pound gorillas, the Internal Revenue Service, and the mama gorilla
has
picked it up. The only thing certain now is that someone is going
to be
hurt.
The story began over a decade ago when a friend told Cryer that
the
income tax was a sham. Cryer did not believe a word of it and
thought his
friend had gone off the deep end. Learning that his friend had
decided to
stop filing tax returns, Cryer determined to research the matter,
show his
friend where he was wrong, and keep him from getting in trouble
with the
IRS. That is how a two-year research project began, but it did not
turn out
the way Cryer expected. Sporting a wry grin, Cryer said "That
just goes to
show you that no good deed goes unpunished."
His research not only included the tax laws themselves, but went
past the
first income tax in 1861 to the drafting of the Constitution and
included
reading hundreds of cases, Congressional archives and tax laws
from 1913
to present. Cryer learned that although his friend had only a
piece of the
picture, he was right. "The Tax Code and its regulations are
carefully
and," he adds, "ingeniously crafted to deceive,"
said Cryer. He explains
that the answer is not in what the laws say, but rather in what
they do not
say, and those provisions that are revealing are either hidden
within tons
of verbiage or behind double and triple negatives. And, more
importantly,
he says, he knows why.
So Cryer decided he would also stop filing returns and would
challenge
the IRS if and when it came to call. Cryer said "Once you've
taken an oath
to uphold the Constitution and the law, obeying the law is only
half the
job. You also have to be willing to fight for it. I've not only
sworn to
fight for the Constitution as an attorney, as a former officer in
the Army
I've sworn to die for it."
In 2001 they came, demanding information and returns. Cryer
advised
them that if they could show him any law making him liable or
making his revenues taxable he would file any tax returns required
by
the law. They could not show him any law.
Instead, the IRS began to pelt Cryer with a series of summonses,
gathering
up all banking records. It even subpoenaed Cryer's secretary into
the
office for interrogation. But Cryer did not budge. Frustrated, the
IRS
called in their criminal investigations division, CID, and Cryer
told
them the same thing, "Show me the law that makes me liable or
my
revenue taxable and I will file." They could not show him any
law.
CID began the summons pelting all over again, but Cryer filed a
petition
to quash the summonses, which even included summonsing his college
and law school records from almost forty years ago. "I
suppose they
thought the records would show I was some kind of kook or an
idiot, but
all they would have found is that I graduated from college in only
three
years and that I graduated from law school in the top of my
class." Cryer
said.
So, CID called in the Justice Department (DOJ) and the sabers
began to
rattle. Cryer met with the Assistant U. S. Attorney and an
official of the
IRS and reminded them that all they need do is show him the law.
They
could not show him any law, either.
"The CID and DOJ both responded only with 'your position is
frivolous.' I
had never stated a position, so how could they know whether it was
frivolous?" Cryer said, "Imagine my sending you a bill
for $1,000 and
when you call me and ask what the bill was for I simply said,
'that position
is frivolous, just write the check and send it in.' What would you
say?
Would you write the check?"
"After that they circled for awhile, apparently not sure what
to do with or
to me," he continues, "but when I went public with a
book I'm writing,
LIBERTY LOST, A Treasure Map to Buried Freedom, about how the
federal government has escaped its constitutional limits and how
to put it
back, that broke the impasse. Within two months they accused me of
tax
evasion. Do I look like Al Capone? Well, I am a bit overweight and
he
was kind of chubby, too."
The two count indictment accuses Cryer of concealing income in a
trust in
2000 and 2001, keeping himself "below the radar."
But in 2001 he was not only on the radar, he was in the
cross-hairs. Cryer,
whose wife, Carolyn, was severely disabled, was worried that if
anything
happened to him Carolyn's son would have her destitute before the
grass
grew over his grave. He set up the trust in 1993 and opened
brokerage
accounts in hopes of parlaying the seed money he could muster up
into a
fund to provide for her and safeguard the money. Carolyn died in
1999,
but he continued to trade in the accounts.
"They subpoenaed every record on me you could imagine, they
even got
into my dry cleaner's account, but they did not subpoena the
brokerage
account records. They did not want the facts, just an indictment.
If they
had they would have known that the trust not only had no income
for those
two years, it lost money both years, but they did not want to know
the truth
because that would prevent them from accusing me." he said.
Cryer says that it has already been an eye-opening experience for
him, "It's
been revealing. I've had agents tell me the law did not apply to
them, so I
suppose they think they are above the law. Another, challenged
with
having failed to follow IRS procedures explained that the
procedures are
binding on us (the peasants?), but that the IRS does not have to
follow its
own procedures unless it wants to. After effecting a legal stay on
the CID
summonses, a CID investigator called the banks he had summonsed
and
when they pointed out that they were stayed and not allowed to
release
records until the court ruled, he demanded they send him the
records
anyway, law or no law. After I made full disclosure of all
records, saying
show me where any of this is taxed, they sent agents out to
'visit' with my
clients, and you can imagine what effect that has had on my
practice. But
the ride is going to get a lot bumpier from here on. I'm
threatening a lot of
rice bowls. Someone may actually have to go get a job and work
like the
rest of us."
Well, now the worm hasturned. Cryer filed a motion to dismiss both
counts against him, showing that the law, as it is written, does
not make
him liable nor tax his revenue from his law practice. The motion
takes
another bold step, however, revealing that the income tax, as
applied to
wages, salaries and fees personally earned, is unconstitutional,
citing four
separate grounds for the unconstitutionality of the law as to
almost every
citizen's revenue personally earned.
According to Cryer, the law, which is carefully drawn to stay
inside the
Constitution, does not actually tax personal earnings, but the IRS
publications, no more law than Time Magazine, say it does and by
collecting taxes on personal earnings it has violated several
fundamental
constitutional restrictions. He says that nearly a trillion
dollars is
siphoned, illegally, away from families and households every year,
although their wages and salaries, including bonuses, are exempt
from
taxation under the Constitution. "I wish there were some way
I could have
taken this case on a 1/3 contingency," he joked.
Due to the adverse publicity and clients' fear of being targeted
if they get
too close to a target, Cryer says his practice has suffered
immensely,
placing him in a severe financial strain. "Getting the
government off
everyone's back and out of their pockets is going to be expensive
and,
frankly, I don't have the means," Cryer said, "but
somehow I am going to
finish this. I am totally convinced that this is why I am here on
this Earth,
this is why I am a lawyer, and since it's meant to be, it will
be."
CALL TO ARMS!
WE ALL NEED TO HELP THIS MAN WIN FOR
US
This man has devoted his life and practice to helping
people. He left the
big firm road over thirty years ago and opened a storefront solo
practice
because he did not become a lawyer to run up billable hours and
stack up
money. He wanted to solve people's problems and make the system
work
as it was intended. He is not a fat cat lawyer and deals with the
same
problemswe alldo every day. Now, he's put his freedom and future
on
the line for all of us.
The government has destroyed Tom Cryer's practice in order to
impede his
ability to fight this battle and he needs your help. If you are
tired of being
afraid of your own government and can help, please send whatever
you
can to the Tom Cryer Defense Fund and then forward this message to
everyone you know.
Make checks payable to "C. L. Mitchell" with "Cryer
Defense" on the
memo line and mail to:
C. L. Mitchell
Cryer Defense Fund
11190 General Bradley Ave.
Shreveport, LA 71106
(and for a free copy of the 104 page memorandum Mr. Cryer filed
explaining the law and the reasons the Constitution makes your
paycheck
exempt, include your email)
Contributors will NOT be disclosed to ANYONE, especially the
government. This is not a political campaign, so there are no
reporting
requirements.
God bless you and God bless the USA.
------- End of forwarded message -------
Play
Flexicon: the crossword game that feeds your brain. PLAY now for FREE.
|