Francis Burns v. United States
SocialSecurity DueProcess FourthAmendment FirstAmendment CriminalProcedure Securities JusticiabilityDoctri
Whether the Internal Revenue Service violated the Petitioner's constitutional rights by failing to follow proper tax assessment procedures and disclosure requirements
1. Was Petitioner, Francis Burns denied his Common Law right under the Taxpayer Bill of Rights where the UNITED f . STATES OF AMERICA , ,hereinafter known as the Respondents, has converted the rights of the TaxPayer into a privilege? 2. Was the Petitioner, Francis Burns denied due process of law hy the Respondents wherein the Respondents ignored the Common Law principles of a crime and prosecuted the Petitioner under Statutory Rules that , circumvent the United States Constitution and the Common Law? 3. Were Petitioner ’s First,Fourth, Fifth, Sixth, Eleventh, Fourteenth Amendment, and Bill of Rights violated by the Respondents trial and criminal conviction for not following tax payer policies? The Respondents Statutes and Tax Code requires tax payers to follow all tax laws under the protection of the TaxPayer Bill of Rights. The Probate Laws for Estates & Trust, protected by the "Foreign S Sovereign Immunity Act”, prevent all third party intervenor such as courts and private corporations. The Joint Committee for Taxation (JCT), consisting of ten members of Congress, who prohibit the interference of the Internal Revenue Service and the Department of Treasury on accounts of Taxpayers with Large Refunds operating under Trust. The Federal Tax Law require that any tax liability a "Method of assessment" (26 U.S.C.S. § 6203) the assessment shall be made by recording the liability of the taxpayer in the office of the Secretary in accordance with rules or regulations prescribed by the Secretary. Francis Burns Estate as taxpayer made the request to the SecHetatiy to fuHnish the taxpayeW a copy of the tiecoUd of the assessment. Which all parties have failed to comply with. 1 4. Was the Petitioner denied Due Process of Law under color of law by the Unites State Territorial Courts trial and criminal conviction without jurisdiction by lack of a sworn statement by a victim to a crime or judicial power? 5. Were Petitioners rights violated by the Internal Revenue Service Agents and Prosecutors for failure to comply with Title 26 U.S.C.S § 6203, to obtain the required authorization by the Secretary of Treasury, and” ?’ comply with Titles:26 U.S.C.S. § 6304(b)(1)(4), 15 U.S.C.S. § 1692(d) (1)(3)(5), 15 U.S.C.S. § 1692e(l) 15 U.S.C.S. § 1692f(3)$6)(B), 15 U.S.C.S § 1692g(l) (2) (4) (5) (b) (c)‘? As well as compliance with the Reform and Restructuring Act and Tax Payer Bill of Rights; which clearly states in: Internal Revenue Code IRC 7803(c) requires TAS employees to inform customers of the independence of the Taxpayer Advocate Service and the reporting requirements to Congress through the National Taxpayer Advocate. "The Taxpayer Advocate Service organization operates independently of any other Internal Revenue Service office and reports directly to Congress through the National Taxpayer Advocate." 6. Were Petitioners rights violated by the Internal Revenue-Service Agents and Officials failure to comply with Federal Tax Laws ordered by the Federal Tax Courts requiring "letters of delinquency and deficiency" to a taxpayer that alleged a debt, which would accompany a Proof of Claim by the Secretary of Treasury pursuant to Title 26 lb U.S.C.S. § 6203 Method of assessment, itemized forensic audit. Which is required .on the mandatory form 4340, IRC Form,2866, and IRC Form 3050. 7. Were Petitioners rights violated by the judge and prosecutor for failing to comply with the Federal Rules of Criminal Procedure and the Brady Rule, when the judge refused to compel the prosecutor to disclose material exculpatory information in the government ’s possession. Brady material or the evidence the prosecutor is required to disclose, such as the certification of the charges on the record sworn under penalty of perjury that a liability exist. The sworn testimony in a written complaint or one or more affidavits of essential facts constituting the offense charged, establishing probable cause to draw a grand jury or executing original warrants for arrest, which al