What Are They Saying On The Web?
Heads Up A Weekly edition of News from around our country December 6, 1996 #12 by: Doug Fiedor fiedor19@eos.net ---------------------------------------------------------- Please Distribute Widely ----------------------------------------------------------
ONE FOR US Last month, the Ninth Circuit Court of Appeals ruled in support of the Fifth Amendment. A California man, Loren C. Troescher, stood up to the IRS, and refused to become a witness against himself in a tax case. When the IRS served him with a summons, he refused to supply information. Representing himself in court, Loren Troescher argued that he had a Fifth Amendment right to not incriminate himself. The IRS argued that there was a "Tax Crime Exemption" to the Fifth Amendment. The district court agreed with the government, so Troesher appealed -- this time using an attorney. Judge Stephen Reinhardt's opinion for the Ninth Circuit Court of Appeals states in part: "Troescher argues that the district court erred in rejecting his assertion of the Fifth Amendment's privilege against self-incrimination. We agree, and therefore vacate the order and remand to the district court for reconsideration in light of this opinion." (U.S. v. Troescher, No. 95-55609) Now, before anyone tries to actually use this Court opinion against the IRS, it should be understood that the IRS seldom follows court rulings with which it does not agree. In other words, the IRS does as it pleases! It accepts no Constitutional -- and, often not even Congressional -- restrictions on its activities. Because of this, we should inundate Representative Rob Portman and Senator Bob Kerry, co-chairmen of the new Commission on Restructuring the Internal Revenue Service, with our letters and complaints. Congress is directly responsible for the blatantly un-Constitutional activities of the IRS. Now it is the responsibility of us citizens to demand significant changes. All agencies of government, including the IRS, must be forced to honor and follow the Constitution. They're asking for your comments now, so tell them. Send comments to the Commission care of: Rep. Rob Portman, 238 Cannon House Office Building, Washington, D.C. 20515.
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