textfiles-politics/pythonCode/personTestingOutput/news.xml

<xml><p>The <ent type='ORG'>IRS</ent> is here to protect our rights
Or the <ent type='ORG'>IRS</ent> finally hears about the Miranda Case.

COPYRIGHT (C) 1991 BY FULL DISCLOSURE. ALL RIGHTS RESERVED.

<ent type='GPE'>Phoenix</ent> businessman <ent type='PERSON'>David Carroll</ent> was acquitted in federal court of two
felony counts of assault on a federal officer. Judge <ent type='PERSON'>Charles</ent> L. <ent type='PERSON'>Hardy</ent>, United
States <ent type='ORG'>District Court</ent> Judge, found <ent type='PERSON'>Carroll</ent> not guilty after hearing the
testimony from the Government's only witness, <ent type='PERSON'>Leo Anderson</ent>, an <ent type='ORG'>IRS</ent> revenue
officer. The case was tried before a jury, but Judge <ent type='PERSON'>Hardy</ent> ruled there was
insufficient evidence for the case to proceed further and granted the Motion
for Judgment of Acquittal made in court by <ent type='PERSON'>Carroll</ent>'s attorney, Mac MacPherson
of <ent type='GPE'>Phoenix</ent>.

<ent type='PERSON'>Carroll</ent> was charged in a two-count indictment in which the Grand Jury alleged
that, on July 10, 1989, <ent type='PERSON'>Carroll</ent> "forcibly assaulted and resisted, opposed,
impeded, intimidated and interfered with'' <ent type='PERSON'>Anderson</ent>, who surprised <ent type='PERSON'>Carroll</ent> at
his home in effort to collect back taxes <ent type='ORG'>IRS</ent> claimed <ent type='PERSON'>Carroll</ent> owed. In Count
Two, the Grand Jury charged that <ent type='PERSON'>Carroll</ent> "by force and threats of force
endeavored to intimidate and impede'' <ent type='PERSON'>Anderson</ent> during the performance of
<ent type='PERSON'>Anderson</ent>'s duties.

According to <ent type='PERSON'>Anderson</ent>, rather than write a letter or call <ent type='PERSON'>Carroll</ent> to schedule
an appointment, he intentionally surprised <ent type='PERSON'>Carroll</ent> at his home early one
Monday morning. "Surprise him at the door - that's the way we do it,''
<ent type='PERSON'>Anderson</ent> testified on cross examination by MacPherson. <ent type='PERSON'>Anderson</ent> explained
that <ent type='ORG'>IRS</ent>' new emphasis is that the collection officer be productive on the
first contact. "One call does it all,'' is our new motto, <ent type='PERSON'>Anderson</ent> stated
proudly.

According to <ent type='PERSON'>Anderson</ent>, as he sat in his pickup truck in front of the <ent type='PERSON'>Carroll</ent>
residence, taking notes about <ent type='PERSON'>Carroll</ent>'s assets, the garage door opened and a
man appeared. <ent type='PERSON'>Anderson</ent> approached <ent type='PERSON'>Carroll</ent>, identified himself and said he
wanted immediate payment of $12000. With this, <ent type='PERSON'>Carroll</ent> began to close the
garage door, bumped into <ent type='PERSON'>Anderson</ent> and continued to push <ent type='PERSON'>Anderson</ent> back several
feet. <ent type='PERSON'>Anderson</ent> did not leave. He kept asking questions and an argument
ensued. The two men walked to the sidewalk, <ent type='PERSON'>Carroll</ent> leading the way. <ent type='PERSON'>Anderson</ent>
testified that at that point <ent type='PERSON'>Carroll</ent> walked toward him 'slowly and
deliberately' and that <ent type='PERSON'>Anderson</ent> was impeded from getting information from
<ent type='PERSON'>Carroll</ent>, such as where he banked, where he worked and what assets he had.

By this time, the men were yelling at one another and <ent type='PERSON'>Anderson</ent> claimed that
he was "provoked, challenged, impeded'' and that he felt <ent type='PERSON'>Carroll</ent> was trying
to "provoke him into hitting him.'' <ent type='PERSON'>Anderson</ent> stated, "And if I was not
working, I would have hit him.''

<ent type='PERSON'>Anderson</ent> testified that, rather than fight, he decided to leave the scene. He
walked to his truck, got in and started it. But before he could close the
door, <ent type='PERSON'>Carroll</ent> followed him and stood between the door and the truck. (Editors
note: Most people close the door first, then start their vehicle) <ent type='PERSON'>Carroll</ent>
was still talking, but <ent type='PERSON'>Anderson</ent> didn't listen. <ent type='PERSON'>Anderson</ent> said, "Back off,''
and <ent type='PERSON'>Carroll</ent> immediately moved out of the way. <ent type='PERSON'>Anderson</ent> closed the door and
drove off.

Mr. <ent type='PERSON'>Carroll</ent> had a different story to tell, which was related to judge and
jury through MacPherson's opening statement: <ent type='PERSON'>Anderson</ent> clearly violated the
new Taxpayer Bill of Rights, a law enacted by <ent type='ORG'>Congress</ent> in November of 1988 as
a result of abuse from <ent type='ORG'>IRS</ent> agents such as <ent type='PERSON'>Anderson</ent>.

Under the new federal law, agents are required to give to taxpayers an
explanation of their rights and make sure the citizen understands their
rights by way of Publication 1. "As a taxpayer, you have the right to be
treated fairly, professionally, promptly and courteously by Internal Revenue
Service employees. Our goal at the <ent type='ORG'>IRS</ent> is to protect your rights so that you
will have the highest confidence in the integrity, efficiency and fairness of
our tax system. To ensure that you always receive such treatment, you should
know about the many rights you have at each step of the tax process.''
<ent type='PERSON'>Anderson</ent> did not give to <ent type='PERSON'>Carroll</ent> Publication 1, nor mention <ent type='PERSON'>Carroll</ent>'s rights,
which include the right to tape record proceedings, the right to have copies
of <ent type='ORG'>IRS</ent> documents and the right to enter into an installment payment agreement
with <ent type='ORG'>IRS</ent> when the taxpayer cannot afford to pay the tax in full.

Nothing was explained by <ent type='PERSON'>Anderson</ent>. Instead, he kept demanding that he would
accept full payment of $12000 and nothing less. Through his tactics of
surprise, fear and intimidation, <ent type='PERSON'>Anderson</ent> attempted to coerce money from
<ent type='PERSON'>Carroll</ent> and get into the <ent type='PERSON'>Carroll</ent> home without a court order. "What will you
settle for?'' <ent type='PERSON'>Carroll</ent> kept asking. "Full payment,'' was <ent type='PERSON'>Anderson</ent>'s repeated
response.

But <ent type='PERSON'>Carroll</ent>, a man who has his own retail business and was not about to be
pushed around, was not phased. He shut the garage door to protect his privacy
rights and, as he did so, <ent type='PERSON'>Anderson</ent> stepped forward and the two men -
<ent type='PERSON'>Anderson</ent>, 260 pounds, and <ent type='PERSON'>Carroll</ent>, 220 pounds - merely bumped stomachs.

Repeatedly, <ent type='PERSON'>Carroll</ent> asked to see the documents which showed he owed the tax,
and repeatedly <ent type='PERSON'>Anderson</ent> refused. When <ent type='PERSON'>Carroll</ent> threatened to eliminate any tax
debts by filing bankruptcy, <ent type='PERSON'>Anderson</ent> began his yelling tirade witnessed by
<ent type='PERSON'>Carroll</ent>'s son, Callen, age 19, and two neighbors.

But it was not the Taxpayer Bill of Rights that caused Judge <ent type='PERSON'>Hardy</ent> to find
<ent type='PERSON'>David Carroll</ent> not guilty; it was <ent type='PERSON'>Anderson</ent>'s own admissions on cross
examination by MacPherson.

"You're a pretty big fellow, Mr. <ent type='PERSON'>Anderson</ent>, and when the stomach bumping
occurred, you weren't in the least bit afraid of Mr. <ent type='PERSON'>Carroll</ent>, were you?'' To
this, <ent type='PERSON'>Anderson</ent> replied, "No, I wasn't at all afraid.'' <ent type='PERSON'>Anderson</ent> went on to
admit that when he and <ent type='PERSON'>Carroll</ent> left the garage for the sidewalk, it was
<ent type='PERSON'>Carroll</ent>, not <ent type='PERSON'>Anderson</ent>, who led the way, despite <ent type='PERSON'>Anderson</ent>'s previous testimony
that he "retreated'' to his truck. Given these facts, Judge <ent type='PERSON'>Hardy</ent> ruled that
there was no assault, nor did <ent type='PERSON'>Carroll</ent> attempt in any way to impede <ent type='PERSON'>Anderson</ent>.
The jury was thanked and dismissed.

On the two-count indictment, <ent type='PERSON'>David Carroll</ent> faced a maximum penalty of eight
years in jail and a fine of $100000.

MacPherson, a certified tax specialist and certified criminal law specialist,
has tried over 50 criminal tax cases in federal court in twenty-three
different states and is author of Tax Fraud &amp; Evasion: <ent type='EVENT'>The War Stories</ent>. War
Stories chronicles many of his winning cases, and MacPherson states that the
<ent type='PERSON'>Carroll</ent> case will be an added chapter to <ent type='EVENT'>War Stories</ent>, Part II, which
MacPherson is now writing for release this summer. The theme of <ent type='EVENT'>War Stories</ent>:
citizens should not be fearful of their own Government (the <ent type='ORG'>IRS</ent>); they can
eliminate fear, and its stepchild intimidation, by coming to an understanding
of how the criminal tax system works. This can best be done by actual case
histories.

Donald MacPherson can be contacted at 3404 W. <ent type='PERSON'>Cheryl Drive</ent>, Suite A-250,
<ent type='GPE'>Phoenix</ent>, AZ 85051.

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