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Show Page 6 The UTAH INDEPENDENT SPOKANE, -- September 8, 1.972 The Paper That Dares to Take a Stand functions of these two offices. WASH. Washington Man Challenges On August 28, 1972, U.S. District Court Judge Charles L. Powell Granted Robert E. Leiske of Spokane, .Washington a y continuance in response to an order to show cause for 14-da- enforcement of Internal Revenue Summons. Mr. Leiske, who is defending himself in this civil action, says that he attempted to procure proper counseling to defend his constitutional rights, only to be turned down. One of the attorneys stated he wouldnt touch this case with a forty foot pole, as he has five children to support and couldnt afford to take the harassment and intimidation the IRS would levy upon him. On July 6, 1972 Mr. Leiske was confronted by IRS agent C.G. Bryan, who served him with a summons to produce his books and records for the taxable years 1970 and 1971. Summons IRS Before anything else was said, the IRS agent was leaving. When does a citizen begin to resist tyranny? asks Leiske. One of the most precious rights we have is the of a court appear on the form, nor was the signature of the clerk of the court apparent. Mr. Leiske stated that according to four of the Federal Rules of Civil Procedure it is quite explicit who may issue a law-abidi- seizures. Circuit Cummings When IRS agent Bryan questions. The agent refused to answer any further questions. Bryan laid the summons on the front steps and said, Consider on July 28, 1969, Leiske special yourself as being served. agents explanation as When Leiske picked up the summons to challenge its without some to the different cooperation The average citizen, moreover, believes that the government prosecutes only the liability. recalcitrant, uncooperative individual who is unwilling to pay what he owes. If we continue to allow the IRS to confiscate our property without due process of law, then we have no right to freedom, says Leiske. SILVER BULLION validity, the agent stated, you realize of course what will happen if you ignore this at low rate any size or amount 99.9 fine polished Don Staker Silver Agency WANT ADS Pfcou vs. Dickerson, 413 F. 2d 1111 said: Only the rare taxpayer would be likely to know that he could refuse to produce his records to IRS agents. Nor would he be likely to make any distinction between revenue agents and incompetent to handle judicial functions as outlined in the separation of powers. pressures on the uninformed taxpayer to cooperate with the agents are considerable: First, there is always the fear of incurring a civil tax liability that hopefully might be avoided by cooperation. Also, a .taxpayer may conclude that lack of will result in Judge unwanted publicity about a tax cited as United States is proceeded to ask Bryan ng right against and unreasonable search and summons. He claims that since the IRS is a part of the executive appeared on the property of Mr. Leiske, he was confronted with several friends and relatives of Mr. Leiske. To ascertain that he was an IRS agent, Mr. Leiske Criminal Tax Investigations, 45 F.R.D. 323, 336 (1968), the summons. Leiske noted that the IRS summons was not issued from any court of law, nor did a seal branch of government, it noted in Lipton, 'Constitutional Rights in As or 571-163- 2 Box 36, Sandy, Utah 84070 4(6-191- 3 LITERATURE X X X X X X X X Send 10 cents for "Cliches of Zoning." 10 or more copies 5 cents each. Raymond Buker, Route 1, Leaf River, Illinois 61047 WANTED Men and women who will work and who want to make money. Whether you have sold or not, our business and selling can be mastered by the average. If you will work and want to make money, see Mr. Doerfler at the UTAH INDEPENDENT, 2459 Major St. 8 a.m. or 1 p.m. Saturday or Monday. When you. seek . . . the best books," thaj is QUALITY! 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