Corrections In The Article On The Troescher Case
1. The court case is, of course, accurate as it stands. The court case has been optically scanned and therefore shows the exact text, including the signature by the judge and the ink-stamped marks from the court.
2. The article in The Spotlight is exactly copied from the newspaper. It contains some inaccuracies which are not critical to the use of that story, but for someone who wants the exact story, here are some corrections.
A. Troescher carried this case forward for some years in the Federal Court WITHOUT an attorney. He represented himself. Thus, at the time the District Court issued its order compelling him to testify against himself, he was not, at that time, a client of Attorney Joe Izen. Says Troescher: "In my opinion, had I been a client of Joe Izen during the earlier parts of the case, it would never have been decided this way. The IRS, seeing me as proceding without an attorney, thought they had a easy victim and used a tactic which, I believe, they knew would not hold up on appeal. They counted on the judge to support the IRS and they counted on my failing to be able to handle the appeal."
B. Notwithstanding Troescher's view that being represented by Attorney Joe Izen would have prevented the District Court decision, Troescher's handling of the case was so brilliant that he convinced the District Judge, Stephen V. Wilson, that Troescher did have the right to use the Fifth Amendment. The Judge actually agreed with Troescher's briefs before the Court and had already made a preliminary ruling in favor of Troescher when the IRS asked for one more chance to present case precedent as to why Troescher was NOT eligible for Fifth Amendment protection. See an expansion of this point below. Troescher "won" in the District Court and only the IRS attempt to use a weapon they knew to be unconstitutional caused the Judge to rule in favor of the IRS, BUT AT THE SAME TIME, to include his opinion that the IRS case precedents were unconstitutional, but he included in his written order that he recommended the Appellate Court reverse these prior decisions! This was an unheard of victory for Troescher, getting to this point without an attorney.
C. A minor correction, but fascinating. The original set of questions posed to Troescher by the IRS were 100 in number. The Judge listed some 33 only in his final decision. There were many more questions. And, Troescher's research on the use of the Fifth Amendment gave him the courage to refuse to answer virtually every one of the 100 questions. The final decision, of course, validated Troescher's judgment on his actions. Troescher was facing jail for contempt of court (which is what the IRS wanted desperately to happen) for failure to answer these 100 questions -- but Troescher carefully responded to each of these 100 questions with the proper answer, making reference to the Fifth Amendment. The "unlisted" questions, many of them, made reference to various relationships between Troescher and others and the identity of those "others" would not be appropriate to reveal, either by the Judge or within these pages. Troescher was protecting his friends in this case too! In other words, Troescher faced the possibility of endangering OTHERS as well as himself, by answering the questions posed by the IRS, and risked jail to protect them. (Click here to read of another instance where "Karl Loren" risked jail to help a friend.)
D. Nothing in the story should be interpreted as indicating that Troescher is or has been a "tax protestor." He has claimed, over and over again, that all the work he was doing was completely within the tax code. He submitted several sworn statements to the Court (and the IRS) that he had "paid every tax required to be paid and filed every tax return required to be filed."
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