Saturday, October 01, 2005

Trial update from Angela Stark

My notes from Sept 29th

First let me say that we overheard the government attys ask each other if they "caught last nights blog". Duh! Hi guys!

Today, jury Instructions were given re 6331(h) which they said was enacted after Irwin's 96 seizure of his car and some cash so they said it wasn't relevant to his seizure. Irwin reiterated the relevance of the law of 6331 and why congress wrote it into the 1998 R&R Act . Irwin wanted to recall Luddy Tally but the judge said no. The judge told Irwin he may not mention any legal issues or statutes in front of the jury. (so what else is new?)

Irwin wanted to enter the summons tape that occurred between him, agt Tally and Gritis. However, the Judge wouldn't allow the summons tape to be played nor Irwin's criminal complaint against them to be entered. The judge said "it doesn't matter!"

Agt Tally said that he had closed the account file on Irwin as it was getting to the 10 year point. And said that the government objects to litigating cases that are hopeless to collect. He mentioned that if it was under a certain dollar amount... Irwin asked what is the amount, and the judge cut in and said it wasn't relevant (which is par for this judge). Tally said the file never goes away and continues with the penalties and interest, but it goes into suspension. But, Good ole Gritis (they say he is now deceased, but he is probably alive and kicking, they just gave him a new name to avoid being called as a witness) re-opened Irwin's file and went after Irwin's social security. Not 15% but 100% percent. They have been taking it all since 1996. (nice huh?)

CDP Hearings ... Irwin put the governments witness, appeals team manager Mr. Menaugh (who was there to testify against Cindy) to the wall with questions regarding his authority. It was great! Irwin went step by step from the time you get the first letter, up to why a person would ask for a cdph, then adverse determination, to the point where he verified, that "the appeals officer has no authority, which is why you have to go to the tax court!" I thought the jury was going to stand up and applaud. It was a thing of beauty. The judge was pissed. The government got up and objected, but it was too late. I wish you could have been there. Irwin was hot! I believe EVERYBODY GOT IT! Irwin established that the IRS has no authority.

Irwin is making it perfectly clear what his beliefs are. He is so passionate about it. The court appointed lawyers cross examined Mr. Menaugh too.

Chad Bowers is Larry's appointed lawyer and he's Sharp as a whip! He stood up and asked the judge questions about what a levy and continuous levy is. He didn't know the difference and really wanted to know. He was very surprised when it wasn't explained. The judge interrupted and changed the questioning.

Thomas Menaugh Team Appeals manager (33 yrs with the IRS with a staff of six in Las Vegas) now located in Arizona, said that the IRS uses "Choice Point" to get their information. He said they use Choice Point because their info is more current than the IRS's. He participated in CDPH's when Cindy was an advocate for a man named Matthew Diamond. Matthew Diamond was former NYPD and also a bailiff. Mr. Menaugh testified that they used the Pierson case as Notice of the IRS's position to Cindy. Irwin brought out that it wasn't a real case, then it came out that they gave the document to the non taxpayer and not to Cindy. Cindy anticipated this and her lawyer and Irwin got the tape of the actual CDPH played for the jury with a written transcript projected up on a large screen so the jury could read along with the audio. The jury and the defense got a very good lesson from it too. Cindy wasn't allowed to speak at the cdph, but Mr. Diamond did his presentation really well and asked for the required documents. Mr. Menaugh, The poor guy, couldn't clean up his testimony after that. I thought it was glorious! I believe the jury got it.

Irwin asked the witness (I forget which one) if the IRS's web site explains tax court. The witness said no. The jury got it.

Yesterday the judge told Irwin that Bob Schulz's 2nd circuit court decision re summonses wasn't relevant to his court, so today along with the above line of testimony regarding the Pierson case, Irwin asked the judge, well if this court isn't held to 2nd circuit court decisions, how can it be held to tax court decisions? The jury got it.

They got into the 1998 R&R Act and when liability was raised by Irwin and Cindy's lawyer, the government objected. The judge sustained the objection. The jury got it. And it's refreshing to see the defense attys are getting it too. The more they learn the more they are stating their own objections and covering for Irwin' s lack of procedural knowledge. However the judge never sustains their objections. Of course. Judge Dawson is so predictable. But, I have a feeling it's backfiring on them.

It was mentioned by Mr. Menaugh that the NOD requires an assessment and is a DEFAULT. But we already knew that, didn't we.

Next witness Audrey Garder testified that Irwin's business wasn't registered as a seller with the state. Irwin spelled out the Nevada constitution and the fact that it precludes taxes on tapes and records etc... They ultimately changed the locks on Freedom Books and forced Irwin to pay for the registration to get the keys. Irwin made a complaint. He brought up the OSC hearing and had to use the transcript (they didn't know he had) to refresh her memory on it as she couldn't recall it. (These people have terrible memories.) Irwin and the defense lawyers objected to her personal opinions, so the judge gave a jury instruction as to the witnesses personal opinions of what the law meant to her.

Another retired IRS appeals officer Ms. Fisher (she said she also trained newbie's) had meetings with Cindy and the non taxpayer. The government mentioned publication 2105 is what they use to deal with taxpayers questions and of course their web site. Irwin and the defense for Larry and Cindy cross examined Ms Fisher.

Regarding Irwin's poor hearing and eyesight, The judge, toward the end of the day told Irwin to fill out "the form" and give it to the court reporter and they will let him see what the judge sees on his screen. However the governments testimony is almost over, so if Irwin loses, it could still be appealed on that issue alone. This is not a fair trial to say the least. But even then, we would still need to find a fair judge.

Listen to Irwin's audio blogs for this day click just above where it says "posted by David Jahn @ 9/29/2005 10:50:42 PM" and this one "posted by David Jahn @ 9/29/2005 11:50:49 PM" on for more from Irwin that I am not covering in this e-mail.

No court on Friday.

The good part will come when the defense brings their witnesses. I think there is a good chance of Irwin, Cindy and Larry winning, but if the government taints the jury... Would they stoop that low? I wouldn't put it past them...

Just Keep the faith!

The governments attorneys are such characters. Mr. Ingal (I believe his name is) looked so familiar to me. For 4 days I was trying to put my finger on it. And today it dawned on me. Linddie England! Sans the cigarette, He could be her twin brother. Right down to the haircut. I kid you not. If the picture doesn't come thru, email me.

The other, I think his name is Neiman, reminds me of an exclamation point that is always smiling. More of a cartoon character with a perpetual shit eating grin.

There is one that is a bit older and very quiet that sits right behind the governments table. He must be their lead council. He's the tall and handsome one. He is the best dressed in the place and has a lovely smile. If he wasn't married... Yes, I asked him. Actually I wanted to ask him to dinner. Oh well... I believe he is the one that wanted me to remove my Irwin Schiff T-shirt today, because they were "afraid" it would influence the jury. I guess they are worried. I was told by one of the security officers to just turn it inside out. So I did. No biggie. I didn't wear it with that in mind. I wore it to show Irwin support. So much for freedom of speech, eh? I wonder how they would have reacted to my Jail 4 Judges t-shirt?

Everything the government is doing is going to backfire on them. The jury is witnessing the blatant abuse of the IRS along with the judges help and I believe the jury is now looking at Irwin as their grandpa. A grandpa you can't help, but love and be proud of.

Irwin's the odds-on favorite.

Now make your flight arrangements for Vegas.

Have a great weekend!

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