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1040 Checkmate

On May 12, 2006 in Peoria, Illinois, the attorney for the U.S.
Department of Justice (DOJ) begged the court to dismiss all charges
against IRS victim Robert Lawrence in federal District Court.

The motion for dismissal came on the heels of a surprise tactic by
Lawrence ?s defense attorney Oscar Stilley.

The tactic threatened exposure of IRS?s on-going efforts to defraud
the public. The move put DOJ attorneys in a state of panic that left
them with only one alternative: beg for dismissal, with prejudice.

Stilley?s tactic paid off. Sixty days earlier, the DOJ had indicted
Lawrence on three counts of willful failure to file a 1040 form,
and three felony counts of income tax evasion. The federal Judge
dismissed all charges with prejudice, meaning the DOJ cannot charge
Lawrence with those crimes again.

The trial was to have started on Monday morning, May 15th.

On Wednesday, May 10, Stilley mailed a set of documents to the DOJ
in response to DOJ?s discovery demands. The documents revealed to
DOJ for the first time that Lawrence was basing his entire defense
on an act of Congress, 44 U.S.C. 3500 ? 3520, also known as the
"Paperwork Reduction Act" (PRA).

In Section 3512 of the Act, titled "Public Protection," it says
that no person shall be subject to any penalty for failing to
comply with an agency?s collection of information request (such as
a 1040 form), if the request does not display a valid control
number assigned by the Office of Management and Budget (OMB) in
accordance with the requirements of the Act, or if the agency fails
to inform the person who is to respond to the collection of
information that he is not required to respond to the collection
of information request unless it displays a valid control number.

In Section 3512 Congress went on to authorize that the protection
provided by Section 3512 may be raised in the form of a complete
defense at any time during an agency?s administrative process
(such as an IRS Tax Court or Collection and Due Process Hearing)
or during a judicial proceeding (such as Lawrence?s criminal trial).

In sum, the PRA requires that all government agencies display valid
OMB control numbers and certain disclosures directly on all
information collection forms that the public is requested to file.
Lawrence 's sole defense was he was not required to file an IRS
Form 1040 because it displays an invalid OMB control number.

Government officials knew that if the case went to trial, it would
expose the fraudulent, counterfeit 1040. They also must have known
that a trial would expose the ongoing conspiracy between OMB and
IRS to publish 1040 forms each year that those agencies knew were
in violation of the PRA. That would raise the issue that the Form
1040, with its invalid control number, is being used by the
Government to cover up the underlying constitutional tort -- that
is, the enforcement of a direct, unapportioned tax on the labor of
every working man, women and child in America .