Tag Archives: Discovery Motion

Motion to Dismiss – Update 9-14-2015

The Defendant Moved to Dismiss the Tax Evasion Indictment based upon False Evidence deliberately Fabricated by the IRS

The Government Opposed the MTD.

The Defendant Replied to the Government’s Opposition.

Both the Government’s Opposition and the Defendant’s Reply documents may be downloaded (on donation basis) by clicking on the Button below.

Here is the Defendant’s Table of Contents in his Reply:

TABLE OF CONTENTS

Summary of Argument……………………………………………………………………1
A. The Government, in Its Response, Discloses that the IRS Engaged in Constructive
Dishonesty by Continuing a Civil Audit of Dr. Bailey after Finding Firm Indications of
Fraud; Consequently, these Criminal Charges Must be Dismissed. ……………………………… 1
B. Illusory Conflict between the Courts and the Commissioner’s “Needful Rules” ……………. 4
C. The Other Cases Cited by the Government, Do Not Contradict Dr. Bailey’s Arguments
Here… …………………………………………………………………………………………………………………. 9
D. If the TC 150 represents an SFR, the IRS cannot summarily Assess the Tax ………………. 10
E. The IRS’s Own Revenue Officer Training Coursebook Supports Dr. Bailey’s Claim. …. 11   F. The False-Return Scheme by The IRS Is What Directly Led Dr. Bailey To File His Tax
Returns for 2004-2011 Because He Was Led To Believe That, if He Did Not File Tax
Returns, the Government Would [Fraudulently] Do So And Claim a Deficiency. ……….. 12
G. 2004-2011 Consent and Waiver Induced by 1998 Fraud ………………………………………….. 13
H. Deference to the Commissioner’s Rules and Regulations …………………………………………. 14
I. Dr. Bailey Has Easily Met His Evidentiary Burden for an Evidentiary Hearing ………….. 19

Conclusion……………………………………………………………………………….20

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Glenn Ambort on Al Adask Radio Show

Al Adask has invited me as his guest on his radio show, today, August 4th, 2015.

TIME: 9-11 pm EDT (Eastern)

            8-10 pm CDT (Central)

            6-8 pm PDT   (Pacific)

WHERE: http://americanvoiceradio.com/

CALL-IN #: 800-932-1980

LINK to Al’s Blog: https://adask.wordpress.com/

AL ADASK BIO:

*I started studying law after my divorce in A.D. 1983. I’ve been involved in legal reform issues for 32 years.

* One thing led to another and I started publishing the “AntiShyster” news magazine in A.D. 1990.

*In A.D. 1992, I ran for the Texas Supreme Court (which is supposed to be illegal and received 201,000 votes).

*I continued to publish until A.D. 2002 when I was arrested without warrant and extradited without warrant based on two alleged felony counts of non-support of a child. The allegations were fraudulent. I was never actually charged with a crime. I was held for 344 days in a Level-5 Maximum Security Jail and then released.

*The IRS has come after me twice (A.D. 1991 & A.D. 2008). I stopped them both times with the grace of God and a couple of letters filled with relevant questions.

*The Dallas Bar Association came after me for Unauthorized Practice of Law back about A.D. 2000. I stopped them with the grace of God and an eleven-page letter filled with questions.

*In A.D. 2006, I was added as the last of seven defendants in case that started in A.D. 2001 and was based on the manufacture and distribution of a controlled substance (colloidal silver) and prosecuted by the Texas Attorney General. The first three defendants had spent $160,000 on one of Texas’ better law firms to defend them and achieved nothing. Each defendant (including me) was individually threatened with fines of $25,000/day ($9 million/year). I read the relevant law concerning the definitions of “drugs” in both the Texas and federal statutes and realized, with the grace of our Father YHWH ha Elohiym, that the drug laws only applied to animals.     I drafted a freedom of religion defense arguing that I cannot be an “animal” since I am a “man made in God’s image and given dominion over the animals” as per Genesis 1:26-28. The Texas AG, after investing six years and nearly $500,000 in pre-trial investigations and pre-trial hearings, dropped the case.

* I currently co-host two radio shows (American Independence Hour Tuesday nights from 8PM to 10PM Central; and, Financial Survival, Mon-Fri., 3PM to 4PM central.

If you want to read about the Motion to Dismiss based upon the IRS’s False-Return Scheme, filed in the Tax Evasion case, click HERE

ARCHIVE: If you’d like to receive a LINK to the archive of this show, please fill the form below, let me know, and I will send the LINK as soon as it becomes available.

Thanks,

Glenn

Update on Discovery Hearing

Update on Discovery Hearing

The first actual hearing on discovery in the tax evasion case was held on Thursday, March 26, 2015. I spoke with an individual who attended the hearing, and here is what I gleaned from that conversation:

  • The hearing was mostly about discovery of the Master File Source Code, which the judge denied, at this stage of the proceedings;
  • The judge left the door open to additional specific discovery requests based on the discovery which the Defense has already received, including those items provided by the Government at the hearing;
  • The Government provided some additional items of discovery;
  • The Government offered to set up an appointment with the Defense to go over all the discovery which it has already provided, in order to help the Defense locate specific items which the Defense claims not to have received; and
  • A status hearing was scheduled for May 29, 2015.

Discovery Briefs

I have combined the last four discovery briefs of both the Government and the Defense into a single file, a total of 119 pages. The Government actually included a copy of some of the materials on this website in its latest brief with the court.

In its last brief, the Government included, as an Exhibit, a picture of this very website and informed the Court that many of us were watching this case very closely.

The Sixth Amendment reads, in part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” In today’s electronic world, many people choose to follow such “public trials” via the Internet. I shall do my best to keep you informed of the proceedings in this trial, as it appears to be following a course of events which I have never seen before in any criminal tax prosecution.

The briefs are available directly from the court for electronic download if you have a PACER account. I think the rate is 10 cents per page.

You may also download all 119 pages on a DONATION basis, by clicking on the button below.

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Supplemental Discovery Motion – Tax Evasion Case

The Supplemental Discovery Motion for the Tax Evasion Case in San Diego, was filed on Saturday, February 14, 2015.

The main focus of this Motion was to identify to the Court, in easily-understood concepts and language, why the Court should ORDER the IRS to produce the source code (computer program) used to generate the Individual Master File and TXMODA transcripts used by the IRS to generate deficiency proceedings which lead to assessment and collection of income taxes.

For those familiar with the work of John Benson and Michael Ellis, you will see how the research of both men contributed so importantly to the essence of the Motion.

If the Court orders the Government to produce the source code and its accompanying system documentation, the Defense will be afforded a view into the actual computerized means by which the IRS uses false and fictional entries into its Master File computers to make it appear to the courts, the legal profession and the public that those who do not file returns actually did file returns.

The Combined Discovery Motions are available on a DONATION basis by clicking on the button below.

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Motion to Compel Discovery – Tax Evasion Case

I (Glenn) have not posted anything for some time, because the attorney have been consulting with Dr. Bailey intensely, and I did not want to post anything which might in any way prejudice his case.

I have not felt free to post most of the drafts so as to respect the right of the defendant to private deliberation and consultation with his counsel so necessary in such matters.

However, the Motion to Compel Discovery has now been filed and posted on the court’s public docket, so I feel I can now post it on this blog for you all to view, if you are so inclined.

You will note that the attorneys are bringing to the court’s attention many issues which should be familiar to those of you who have read much of the materials posted on this website. Some of those materials are similar to issues John Benson raised in his eBook, based upon the 40-some years of his research and summarized in his eBook, Taxation by Misrepresentation.

The attorneys have, of course, framed the issues in more modern-day court lingo in order to present their issues in a manner easily comprehended by the government, the defendant, the court, and, ultimately, by the jury.

The most interesting aspect of the case, at this stage, is the presence of several unusual features in a criminal tax defense:

  • A defendant who appears to be familiar with John’s research and who is willing to pursue it in the case;
  • Attorneys who are willing to advocate the defendant’s issues; and
  • The presence of highly technical materials from IRS records and transcripts which are woven into the fabric of the case and which, the defendant believes, will demonstrate that the IRS procedures themselves will show that he is innocent; and

This is an excellent case in which to observe how competent attorneys go about melding the computerized IRS processes with the modern IRS Internal Revenue Manual and fashion a motion under today’s rules of court and thereby frame a very powerful defense.

The Motion to Compel Discovery, as with all materials on this site, is available on a DONATION basis. All donations go directly to John and are used to rebuild his health. I do not partake of any of the donations.

On that topic, I will tell you that John is doing better, although he is not back to the condition he was in several months ago, before he spent a week in the VA hospital for what we thought might have been another heart attack. Turns out he was suffering from acute dehydration, apparently a common malady of folks who suffer from congestive heart failure.

He is doing better, and he has asked me to thank all those who have so generously supported him in the past.

Click the button below and adjust the suggested price to whatever amount you like, including zero, update the cart, then check out.

John W. Benson (1934-2014) My Mentor and Great Friend for 23 years, passed into the Eternities on July 4, 2014, the same day on which Thomas Jefferson and John Adams passed! 

Rest in Peace, my Great, Good and Innocent Friend! I will see you again, John!

All proceeds will go toward furthering John’s great research!

March 28, 2015, UPDATE: I have combined the four (4) latest discovery briefs of both the Defendant and the Government into one file (119 pages). It is available by clicking on the button below.

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