MÉXICO: EL BOTÍN

  

CASE STANLEY COHEN (FINAL PART)

 THIRD HYPOTHESIS:

DIFFERENT WAYS TO DEMONSTRATE THAT THE IRS IS AN INDEPENDENT POWER, with unit itself to issue laws; other apparatus for punishment and punish tax evaders; another unit itself to replace a jury to accuse tax evaders alleged criminal and found that the four times out of legal procedure:

A). TAX ADMINISTRATIVE PROCEDURE, 2006-54. "AUTHORITY". While a case is under the jurisdiction of the Division of Reviews, Simultaneous Appeals Procedure encourages taxpayers to seek help from a competent authority, and the participation of the department of Appeals. There we learned that the jurisdiction is in the tax administrative procedure 2006-54. 

Section 8 of Revenue Procedure 2006-54 specifies the circumstances under which the simultaneous appeals procedure / competent authority may request, and describes the role of the department of Appeals.

 B). INDEPENDENCE OF THE DEPARTMENT OF APPEALS. Another moment is found when the request of the department of Appeals, the Treasury Inspector General for Tax Administration (TIGTA, for its acronym in English) completed a thorough audit of independence department of Appeals. This audit examined all internal processes, quality control measures and the results of surveys on customer satisfaction. In addition, the TIGTA made ​​inquiries outside the department of Appeals and interviewed lots of tax professionals to learn more about their experiences with regard to the independence of the department of Appeals. All agreed the high level of independence of the Appeals Department.

C). INTERNAL REVENUE SERVICE (IRS). This third time, obviously, when the Internal Revenue Service (IRS) issued laws on taxation, as the Act Restructuring and Reform of 1998 (RRA, for its acronym in English), which as we discussed is not the only law issued by them; which undoubtedly is illegal because the Internal Revenue Service (IRS) invades own unique features and US Congressional powers, according to the provisions of articles 1 and 18 of the Eighth Section of the Constitution US, which mandates that "Congress shall have power to lay and collect taxes on incomes, from whatever source derived," however, the Internal Revenue Service (IRS) ignore the above and the provisions of the Sixteenth Amendment, and does so with the deliberate purpose of marking the independence that holds the Appeals Department, under in recent years, concerns have been expressed about the structure and processes of the modern department of Appeals and if they met the standard independence that the Restructuring and Reform Act of 1998 (RRA, for its acronym in English) of the Internal Revenue Service (IRS) intended.

D). THE IRS IS A DECREE PROSCRIPCIÓN.- No doubt other time outside the legal process is found here, where the lawyer Stanley Cohen, the IRS as a direct tax NO proportional applies exclusively to the census ordered before practicing, being in fact the IRS, a decree of banishment pursued and punished with imprisonment accusing the lawyer Stanley Cohen in the absence of a jury, false tax evasion, trespassing unique features of the US Congress, causing very deep grievances to him and his family, to deprive him of his freedom and keep him in prison illegally for 18 months due to his political ideology to develop their work as a public defender to seek justice for the poor and discriminated people and the political system applied the IRS as decree proscription violates what estatuyen articles 2 and 3 of Section Nine of the Constitution of the US, from the time ordering that "no direct tax or capitation is laid, unless in Proportion to the Census or Enumeration herein before was ordered to practice "Consequently no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.; nor shall any State deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction within the protection of the laws, equal for all. [Fourteenth Amendment]

Under such conditions, the proposal or negotiation made ​​by the IRS attorney Stanley Cohen to plead guilty under pressure from the deprivation of liberty to the detriment of his family heritage to be 18 months out of work, subject to criminal prosecution, it is illegal and unconstitutional because "no one shall be held to answer for a crime punishable by death or otherwise infamous if a grand jury or indictment, (...) nor shall be compelled to testify against himself in any criminal case; nor be deprived of life, liberty or property without due process of law; "[Amendment Five]..

It is clear then that the charges against the attorney Stanley Cohen is illegal and unconstitutional to be shown that the IRS is an independent power of the judiciary, the executive and the legislature, using his power to pursue and punish the lawyer Stanley Cohen in a manner that is contrary to the provisions of the Constitution of the US and therefore are facing a SPURIOUS POWER, an illegal power whose determinations are illegal; consequently there is no crime to pursue tax against the attorney Stanley Cohen and all criminal proceedings against him is still NULL from the beginning, being insufficiently founded, and violate the amendments one, four, five, six, seven, eight, fourteen and sixteen, Bill of Rights of the Constitution of the US that have: Congress shall make no law (...) abridging the freedom of speech or of the press, or the right of the people peaceably to assemble, and to petition the government for redress of grievances. [First Amendment].

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and arbitrary arrests, shall not be violated, and no Warrants shall issue, not rest on probable cause, are supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized. [Amendment Four].

"No person shall be held to answer for a crime punishable by death or otherwise infamous if a grand jury or indictment, (...); nor shall be compelled to testify against himself in any criminal case; nor be deprived of life, liberty or property without due process of law; nor shall private property for public use without just compensation "be responsible. [Amendment Five].

"In all criminal prosecutions, the accused shall enjoy the right to be a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; as well as to be informed of the nature and cause of the accusation, to be confronted with the witnesses who testify against him, to have compulsory process for obtaining witnesses in that favor and enlist the help of a counsel for his defense. "[Amendment Six]

"The right to be aired before a jury trial in common law, where the value exceeds twenty dollars shall be preserved, (...)" [Amendment Seven]

  "Excessive bail shall not be required, nor excessive fines (...) be imposed" [Amendment Eight]

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction within the protection of the law equal for all. "[Fourteenth Amendment]

"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration" [Amendment Sixteen].

Therefore be put to the accused Stanley Cohen released immediately and leave reserves its rights to timely asserting against the STATE (US) and repair the wrongs caused to the defendant and his family to keep him in prison for 18 months impairing their homestead and subject to its good reputation with the American public community.