Can Lindsey Springer’s PRA (Paperwork Reduction Act) Defense Against the IRS Work?
Tips & Tricks for Court researcher Carrol thinks with some modifications it can:
After Lindsey Springer was convicted recently in spite of his use of the Paperwork Reduction Act argument, Carrol deliveredwhat I consider to be some excellent research I thought you could learn a lot fromto my Tips & Tricks for Court group on Yahoo:
Springer only had a portion of the requirements. There is more that he appeared not to knowthat would have made his defense, and ours should it become necessary,much more convincing for the jury and the judge.
The IRS, the Commissioner of Internal Revenue and the Department of the Treasury are all required by law to also comply with the Privacy Act of 1974 and the Federal Register Act.
To comply with these, 2 Treasury Directives are in place - TD 25-03 Subject: Filing Documents for Publication with the Office of the Federal Register; TD 25-04 Subject: The Privacy Act of 1974, As Amended.
In the Federal Register publication, the IRS is obligated by law to comply the Paperwork Reduction Act.
The form is not the only thing that requires it, the regulations themselves are required by law to be printed in the Federal Register.
Failure of the Service to follow the Federal Register Act means that they have failed to established universal applicability and official effect. re: 44 USC 1506, and 5 USC 553.
49 Stat. 501 Sect 5: “There shall be published in the Federal Register (1) all Presidential proclamations and Executive orders, except such as have no general applicability and legal effect or are effective only against Federal agencies or persons in their capacity as officers, agents or employees thereof; (2) such documents or classes of documents as the President shall determine from time to time have general applicability and legal effect; and (3) such documents or classes or documents as may be required so to be published by Act of the Congress: Provided, That for the purposes of this Act every document or order which shall prescribe a penalty shall be deemed to have general applicability and legal effect.”
I thought it a meaningful piece of work to see if I could establish the regulations that give general applicability and official effect with respect to the 1040 form income section.
I made a list from 26 CFR 602.101 to identify the legitimate regulations connected to the 1040 form income section. There are over100 of them.
If you would like to see the conclusion of Carrol’s research on this topic visit this post at my blog legalbearsblog.com.
If you would like to learn how to do researchlike Carrol, get my Online Legal Research Video as a digital download and watch it on your PC. Save 50% by putting 1040 in the coupon code redemption box as you are checking out. Coupon code good for a limited time.
Follow me on Twitter.com/legalbear See you there.
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