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132 lines
8.2 KiB
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<conspiracyFile>The IRS is here to protect our rights
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Or the IRS finally hears about the Miranda Case.
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COPYRIGHT (C) 1991 BY FULL DISCLOSURE. ALL RIGHTS RESERVED.
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Phoenix businessman David Carroll was acquitted in federal court of two
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felony counts of assault on a federal officer. Judge Charles L. Hardy, United
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States District Court Judge, found Carroll not guilty after hearing the
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testimony from the Government's only witness, Leo Anderson, an IRS revenue
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officer. The case was tried before a jury, but Judge Hardy ruled there was
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insufficient evidence for the case to proceed further and granted the Motion
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for Judgment of Acquittal made in court by Carroll's attorney, Mac MacPherson
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of Phoenix.
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Carroll was charged in a two-count indictment in which the Grand Jury alleged
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that, on July 10, 1989, Carroll ``forcibly assaulted and resisted, opposed,
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impeded, intimidated and interfered with'' Anderson, who surprised Carroll at
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his home in effort to collect back taxes IRS claimed Carroll owed. In Count
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Two, the Grand Jury charged that Carroll ``by force and threats of force
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endeavored to intimidate and impede'' Anderson during the performance of
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Anderson's duties.
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According to Anderson, rather than write a letter or call Carroll to schedule
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an appointment, he intentionally surprised Carroll at his home early one
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Monday morning. ``Surprise him at the door - that's the way we do it,''
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Anderson testified on cross examination by MacPherson. Anderson explained
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that IRS' new emphasis is that the collection officer be productive on the
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first contact. ``One call does it all,'' is our new motto, Anderson stated
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proudly.
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According to Anderson, as he sat in his pickup truck in front of the Carroll
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residence, taking notes about Carroll's assets, the garage door opened and a
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man appeared. Anderson approached Carroll, identified himself and said he
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wanted immediate payment of $12000. With this, Carroll began to close the
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garage door, bumped into Anderson and continued to push Anderson back several
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feet. Anderson did not leave. He kept asking questions and an argument
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ensued. The two men walked to the sidewalk, Carroll leading the way. Anderson
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testified that at that point Carroll walked toward him 'slowly and
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deliberately' and that Anderson was impeded from getting information from
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Carroll, such as where he banked, where he worked and what assets he had.
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By this time, the men were yelling at one another and Anderson claimed that
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he was ``provoked, challenged, impeded'' and that he felt Carroll was trying
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to ``provoke him into hitting him.'' Anderson stated, ``And if I was not
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working, I would have hit him.''
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Anderson testified that, rather than fight, he decided to leave the scene. He
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walked to his truck, got in and started it. But before he could close the
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door, Carroll followed him and stood between the door and the truck. (Editors
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note: Most people close the door first, then start their vehicle) Carroll
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was still talking, but Anderson didn't listen. Anderson said, ``Back off,''
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and Carroll immediately moved out of the way. Anderson closed the door and
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drove off.
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Mr. Carroll had a different story to tell, which was related to judge and
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jury through MacPherson's opening statement: Anderson clearly violated the
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new Taxpayer Bill of Rights, a law enacted by Congress in November of 1988 as
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a result of abuse from IRS agents such as Anderson.
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Under the new federal law, agents are required to give to taxpayers an
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explanation of their rights and make sure the citizen understands their
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rights by way of Publication 1. ``As a taxpayer, you have the right to be
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treated fairly, professionally, promptly and courteously by Internal Revenue
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Service employees. Our goal at the IRS is to protect your rights so that you
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will have the highest confidence in the integrity, efficiency and fairness of
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our tax system. To ensure that you always receive such treatment, you should
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know about the many rights you have at each step of the tax process.''
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Anderson did not give to Carroll Publication 1, nor mention Carroll's rights,
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which include the right to tape record proceedings, the right to have copies
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of IRS documents and the right to enter into an installment payment agreement
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with IRS when the taxpayer cannot afford to pay the tax in full.
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Nothing was explained by Anderson. Instead, he kept demanding that he would
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accept full payment of $12000 and nothing less. Through his tactics of
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surprise, fear and intimidation, Anderson attempted to coerce money from
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Carroll and get into the Carroll home without a court order. ``What will you
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settle for?'' Carroll kept asking. ``Full payment,'' was Anderson's repeated
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response.
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But Carroll, a man who has his own retail business and was not about to be
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pushed around, was not phased. He shut the garage door to protect his privacy
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rights and, as he did so, Anderson stepped forward and the two men -
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Anderson, 260 pounds, and Carroll, 220 pounds - merely bumped stomachs.
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Repeatedly, Carroll asked to see the documents which showed he owed the tax,
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and repeatedly Anderson refused. When Carroll threatened to eliminate any tax
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debts by filing bankruptcy, Anderson began his yelling tirade witnessed by
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Carroll's son, Callen, age 19, and two neighbors.
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But it was not the Taxpayer Bill of Rights that caused Judge Hardy to find
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David Carroll not guilty; it was Anderson's own admissions on cross
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examination by MacPherson.
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``You're a pretty big fellow, Mr. Anderson, and when the stomach bumping
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occurred, you weren't in the least bit afraid of Mr. Carroll, were you?'' To
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this, Anderson replied, ``No, I wasn't at all afraid.'' Anderson went on to
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admit that when he and Carroll left the garage for the sidewalk, it was
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Carroll, not Anderson, who led the way, despite Anderson's previous testimony
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that he ``retreated'' to his truck. Given these facts, Judge Hardy ruled that
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there was no assault, nor did Carroll attempt in any way to impede Anderson.
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The jury was thanked and dismissed.
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On the two-count indictment, David Carroll faced a maximum penalty of eight
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years in jail and a fine of $100000.
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MacPherson, a certified tax specialist and certified criminal law specialist,
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has tried over 50 criminal tax cases in federal court in twenty-three
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different states and is author of Tax Fraud & Evasion: The War Stories. War
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Stories chronicles many of his winning cases, and MacPherson states that the
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Carroll case will be an added chapter to War Stories, Part II, which
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MacPherson is now writing for release this summer. The theme of War Stories:
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citizens should not be fearful of their own Government (the IRS); they can
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eliminate fear, and its stepchild intimidation, by coming to an understanding
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of how the criminal tax system works. This can best be done by actual case
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histories.
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Donald MacPherson can be contacted at 3404 W. Cheryl Drive, Suite A-250,
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Phoenix, AZ 85051.
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The above is reprinted from Full Disclosure Newspaper. Subscribe today and
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get interesting articles like the above, plus more... pictures, graphics,
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advertisement, and more articles. Full Disclosure is your source for
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information on the leading edge of surveillance technology. Print the
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following form, or supply the information on a plain piece of paper:
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<div>
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Please start my subscription to Full Disclosure for:
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[ ] Sample issue, $2.00
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[ ] 12 issue subscription, $18.00
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[ ] 24 issue subscription, $29.95
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With 24 issue susbcription include free one of the following:
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[ ] Directory of Electronic Surveillance Equipment Suppliers
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[ ] Citizen's Guide on How to Use the Freedom of Info/Privacy Acts
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[ ] Maximizing PC Performance
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Also available separately:
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[ ] Directory of Electronic Surveillance Equipment Suppliers, $6.00
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[ ] Citizen's Guide on How to Use the Freedom of Info/Privacy Acts, $5.00
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[ ] Maximizing PC Performance, $6.00
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Illinois residences, add 6.5% sales tax on above 3 items.
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Enclosed is payment in the form of:
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[ ] Check/Money order, [ ] Visa, [ ] Mastercard
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Card no:<div> Exp date:<div>
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Signature:<div>
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Phone:<div>
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(required for credit card orders)
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My name/address:
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Name:<div>
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Street:<div>
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City/State/Zip:<div>
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Return to: Full Disclosure, Box 903, Libertyville, Illinois 60048
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</conspiracyFile> |