IRS SPECIAL AGENT-CRIMINAL INVESTIGATION DIVISION DECLARES IRS IS LYING-TAX PROTESTERS ARE RIGHT!

Ex- IRS Special Agent Joseph R. Banister finds NO LAW THAT REQUIRES ANY AMERICAN TO FILE AND PAY INCOME TAX!

By Robert Kelly

A Special Agent of the infamous IRS has just 'jumped out of the closet... so to speak. That closet has been viewed as holding to a bunch of half truths, lies, deception and even fraud. But when it comes from 'one it's own,' the American people had better take notice!

Meet Joseph R. Banister, employed as a Special Agent for the U.S. Department of the Treasury, Internal Revenue Service, Criminal Investigation Division. Since 1993, his education, training, and experience prior to being appointed as an agent includes; Bachelor of Science Degree, Business Administration, concentrated in accounting, 3 years as a senior tax specialist and staff auditor, 4 to 5 years as Accounting and Tax professional in private industry and later as a self-employed Certified Public Accountant in California.

In 1993, Joe's dream of becoming a federal law enforcement officer became a reality when the IRS Criminal Investigation Division appointed him to the position of GS-1811 Criminal Investigator, more commonly known as Special Agent.

His duties as an IRS Special Agent included investigating violations of the U.S. Code, specifically the Internal Revenue Code (Title 26), money laundering and conspiracy violations under the Criminal Code (Title 18), and violations of the reporting requirements of the Bank Secrecy Act (Title 31).

He was also authorized to execute or serve search warrants and arrest warrants, to make armrests without warrant, to carry firearms, and seize property subject to forfeiture. In addition to his investigative duties. He was also the Asset Forfeiture Coordinator and the Organized Crime Drug Enforcement Task Force Coordinator for the Central California District. He also participated in community outreach and assisted in firearms and enforcement training in his District.

As he has stated, his most important day of his career as a federal law enforcement officer was 'probably' the first day, when "I swore an oath to God to support and defend the Constitution of the United States. I have always taken that oath very seriously," Joe said.

The 'Oath' to Joe was very powerful. He indicated that he always relied on it to guide him in his responsibilities as a federal law enforcement officer. "I have also been mindful of maintaining my ethics and moral standards as a public servant," he said.

Joe stated that, throughout his career in public service, that he had always remained cognizant of the Internal Revenue Service Mission Statement. to wit:

"The purpose of the IRS is to collect the proper amount of tax revenues at the least cost to the public, and in a manner that warrants the highest degree of public confidence in our integrity, efficiency and fairness." . . . which was recently revised to state:

"Provide America's taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all."

The question now is what happened to Joe? What caused him to question the integrity of the IRS, or it's mission statement?

In 1997, Special Agent Joe was presented with an opportunity to determine whether or not he was really serious about abiding by those standards. He said was presented with allegations relating to the very profession that he had chosen and the very agency that he was employed with, namely the public accounting/income tax profession and the Internal Revenue Service, respectively.

Among the allegations presented to Special Agent Joe was that:

(1) the federal income tax is voluntary and the filing of federal income tax returns is not required, and that; (2) the 16th Amendment to the U.S. Constitution was never ratified, and that; (3) federal income taxes are not used to operate the federal government.

Needless to say, these allegations were not only unbelievable to Joe, but they were contrary to everything that he had been taught and contrary to everything that he believed to be true. Notwithstanding the unbelievable nature of these allegations, they came from a source that he had found credible in the past. The credibility of this source was so strong that he felt more investigation was warranted.

Special Agent Joe assumed from the beginning that he would have trouble convincing top officials in the IRS Criminal Investigation Division that government resources should be committed to investigating these allegations, serious though they were. The obvious is that, if they could be proven untrue, then the IRS (CID) could properly extinguish the TAX PROTEST MOVEMENT in America with evidence and fact!

Most people espousing such beliefs about the federal income tax are usually dismissed as being crazy, a racist, a militia member, or a tax protester, yet those pointing the finger or making the unfounded statement, "your required to file!," cannot support their position with facts or law.

Special Agent Joe did not fit into any of those categories and neither did his source. Therefore, in order to both seek the truth and avoid ridicule, Special Agent Joe did what a large segment of Americans have done. He made up his mind to investigate the allegations off-duty and at his own expense. Special Agent Joe sought the truth and the facts...as applied to the so-called law.

He believed that his background in the areas of income tax law, income tax compliance, and income tax enforcement would enable him to separate fact from fiction. The results of his personal investigation were extremely far from what he expected.

In short, based on his education, training, and experience, Special Agent Joe believed that the allegation regarding the voluntary nature of the income tax does have merit and it is therefore immoral and illegal to fine, prosecute, or otherwise penalize those who do not volunteer. He also believes that, contrary to public perception, the income tax is not used to supply the federal government with needed operating revenue. He fully realizes that his conclusions regarding these issues may have far-reaching consequences. However, based on the obligations and duties that Special Agent Joe described previously, he believes that he must bring these matters to the attention of the American people.

Special Agent Joe's plan was to send a letter to his officials in the IRS Criminal Investigation Division, along with his 90 page report and requesting that department to conduct its own point by point answer/analysis of the allegations and evidence set forth in his report. Due to his 'oath,' and his personal understanding of integrity, his decision was that if the IRS did not respond to his letter and his 90 page report, in addressing the allegations, that he would have no choice but to re-sign form the service of the IRS!

Special Agent Joe would rather of remained in service for the IRS, because he felt sure that the C.I.D. would and could address the allegations in respect to his 90 page report, entitled, "Investigating The Federal Income Tax: A Preliminary Report, which summarizes the allegations and the evidence supporting them."

Special Agent Joe requested that his letter and report be reviewed by his superiors up to and including Commissioner Rossotti. He requested that the Commissioner or his designee respond to the evidence in his report within 30 days.

On February 11th 1999, the Chief of the IRS Criminal Investigation Division met with Special Agent Joe to make sure he understood what exactly what Joe wanted to do. After explaining that, the report went through the channels to Washington.

On February 17th, Special Agent Joe was called into the 'Chiefs' office and given a memorandum that included the following statement:

"The Internal Revenue Service will not be responding to your request and will provide you with the necessary paperwork to tender your resignation. You will be placed on administrative leave effective upon receipt of this memorandum for a period of seven calendar days to consider what actions you wish to take."

Special Agent Joe then spent from February 18 through the morning of the 25th on "administrative leave" which basically means to stay at home with pay. Rather than wait until the February 26 deadline, Special Agent Joe decided to resign on February 25th, on principle, which coincidentally was his birthday as well as the 86th anniversary of the alleged ratification of the 16th Amendment (the so-called in-home tax amendment).

On February 25th, 1999, Special Agent Joe submitted his resignation letter and in part, said:

"I am very confused about the treatment I have received for a number of reasons. The first re-sign is because, on April 28, 1998, you sent out a memorandum to all IRS employees regarding "Reporting of Misconduct, Fraud, Waste and Abuse." In the memorandum, you stated that "[a]ll Internal Revenue Service (IRS) employees have an obligation to report misconduct, fraud, waste and abuse. The IRS has a stringent policy that guarantees employees freedom from reprisal when they report such action." You further stated that "[e]very employee should take proactive steps to report wrongful actions." Apparently, I was mistaken to have relied upon your memorandum as a commitment to protect me from reprisal or other adverse treatment."

"I used to believe that the Internal Revenue Service, as an agency, "scrupulously observes taxpayer rights." I used to believe that the Internal Revenue Service administers the federal income tax fairly and legally. I used to believe that the Internal Revenue Service would not knowingly trample on the rights of innocent Americans just to preserve the income tax system. It is with great sadness that I say I no longer hold any of those beliefs."

In a telephone interview, now private 'citizen' Joe sated that "From the allegations, as a CPA and a 'Special Agent,' that I'd be able to prove all this stuff wrong and the only thing I proved to myself is that the IRS, as an agency, is lying to the taxpayers."

"Back in 97' when I found out the truth, I knew what I had to do, I had to confront them and say, look, if you can set me straight, show me the error of my analysis, then I'll be your spokesman for the rest of my career and keep people from getting in trouble. But if you can't show me, then I'm going to assume that I'm right and that all those so-called tax protesters are right and they have been right all along."

Joe Banister will be speaking at the 1999 FREEDOM RALLY in Newport Beach, California to be held on March 13-14 at the Sheraton Hotel. For information call Freedom Law School at 714-838-2896.

-- Snorky Dorky (snorkydorky@aol.com), June 20, 2000

Answers

Folks,

Be sure to read that final paragraph carefully.

-- No Spam Please (nos_pam_please@hotmail.com), June 20, 2000.