A Small IRS Terrorism Project
Please read this letter which tells of a case where the IRS is tyrannizing a defenseless old couple. If the story shocks and angers you, please consider taking the actions outlined at the end of the letter. Please help us save this0 elderly couple's home from the vultures @ IRS...
This is the continuing IRS operation to terrorize one old man and his wife by stealing their only real asset, their home.
Paul Stout is 81 years old and is in feeble health as a result of a stroke and a heart attack. His wife, Florence, is an 82 year old housebound invalid, suffering from celiac sprue, aortic aneurism, and other serious disorders. They live on Social Security and a small commercial pension which the IRS is threatening to levy. They have no savings.
Because they have no money, they have no one competent to help them.
The IRS has obtained a US District court order to seize and sell their home of many years for alleged taxes.
Case No. 96-CV-04683; judgement filed Feb. 25, 2000. US District Court, Northern District of Illinois Judge James B. Zagel. 219 S. Dearborn, Chicago IL 60604 312-435-5713 E-mail: Mailto:anne_wolf@ilnd.uscourts.gov
The Stouts were unrepresented by counsel.
At issue was whether the IRS has ever made a lawful, procedurally correct assessment; that is, an assessment that conforms to statute, code, and the Federal Tax Regulations.
The government simply refused to produce any such assessment or supporting documentation. The court ruled that a substitute document not conforming to the statutory requirements would suffice. It appears Judge Zagel is fearful of being audited himself.
The court refused to allow this issue of fact to be heard by a jury.
It appears Judge Zagel is too busy to do what he is paid and sworn to do -- preside impartially over trials, while not being a "respecter of persons in judgement". 28 U.S.C. 7453(a).
We hope that these issues will so shock the conscience of this nation, its government, and the Illinois Federal court that this tyranny will be stopped before this elderly couple's home is stolen from them and they are thrown out onto the street.
The IRS lied, defrauded the court and deceived the judge. IRS agents involved are J. Hickey and Alver Williams, other unknown agents, and the District Director. Nothing new or unusual there.
Judge Zagel is either biased, incompetent or mentally impaired. As the number of Complaints For Judicial Misconduct mount in response to these out-of-control Federal Judges, Judge James B. Zagel will hopefully be the next Federal Judge buried under an avalanche of 28 U.S.C. 7372(C)(1) Complaints For Judicial Misconduct.
Judge Zagel admitted that he had the power to prevent the sale of the Stout's home "in order to protect a co-owner who isnot liable" (the wife), in furtherance of the "innocent spouse" doctrine. But he refused to prevent the sale, thus making a mockery of the whole concept of "innocent spouse", and making Mrs. Stout an innocent victim of the vindictiveness of the IRS. At $120,000 per year salary, this Judge cannot be bothered with the affairs of the elderly and defenseless, or with matters of law.
In the 7th Ciruit, this seems to be called "Judicial Fairness & Competence".
The Stouts cannot appeal these issues, because no lawyer would lift a finger for what they could afford to pay and they are too old and of ill health to do it themselves.
The IRS claimed to Rep. Henry Hyde that it is powerless to intervene in the situation on grounds of hardship or for any other reason. This is not true. Let's see, first the IRS lies to the Court, now it lies to Rep. Henry Hyde.
According to law, the Secretary of the Treasury or the Attorney General can intervene. The Taxpayer Advocate Office (Ombudsman) has complete authority to order the IRS to cease any action that is a hardship, or for any other reason. But in this case of manifest and serious hardship the IRS claims to be "powerless" to do anything. Except, of course, seize the home and put this ill, elderly couple on the streets.
The law provides that everyone's "principal residence" is exempt from levy. (But the District Director can overrule the law, making the law a meaningless joke.)
A Reuters dispatch of Feb. 2 stated that IRS seizures are down by 98% in the last two years. The Stouts are among the 2% the IRS is still planning to evict. It seems the old and infirm are easier targets and a good way to keep Social Security payouts to a minimum (moving to a new location is said to be a principal cause of death in old people).
The eventual result of this "caper" will be to render two feeble old people homeless and destitute. We wonder what government bureaucrat or "friend of the IRS or court" will wind up buying this home, at a steep discount, at a "tax sale"...
Hardship? The IRS doesn't think so. How about you?
Paul and Florence Stout
150 N. Main St.
Lombard Illinois 60148
630-627-1421
What can you do? A lot!! Please help us in our email campaign to stop this injustice!!
* Forward this letter to your E-mail correspondents.
* E-mail to Senator Orrin Hatch [www.senate.gov/contacting] Include this letter. Express your feelings about the Stout case. Demand that the IRS plan to evict these people be stopped. Demand that the agents involved be disciplined or prosecuted criminally or discharged. Demand that the judge be removed for bias or incompetence.
* Same to Senator William V. Roth.
* Same to Senator Fred Thompson.
* Same to Rep. Henry J. Hyde [www.house.gov/writerep]; or phone at 630-832-5950; or write to 50 E. Oak St., Suite 200, Addison IL 60101]
* Same to your own Representative.
* Same to Judge Zagel, at
US District Court, Northern District of Ill.
219 S. Dearborn, Chicago Illinois 60604
Phone 312-435-5713 or 5698
E-mail: mailto:anne_wolfe@ilnd@uscourts.gov
Case No. 96-CV-04683;
Judgement filed Feb. 25, 2000.
* Same to Clerk of Court
Phone 312-435-5670
E-mail: Michael_Dobbins@ilnd.uscourts.gov
* Website of USDC: www.ilnd.uscourts.gov
(This case is not listed on Judge Zagel's "recent
decisions" page, which was last updated 8-27-99)
* Phone senators, reps., or committees at 1-202-224-3121
* E-mail same at www.Congress.org
Act fast, because lives are at stake. And thank you for your interest and help in stopping this IRS act of terrorism against two helpless old people. Thank you and God bless you for helping.