FISCHER, CARRILLO & ASSOCIATES

Shulz v. IRS 2005

 IRS LOSES COURT OF APPEAL

This is just a portion of the actual ruling:

U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Federal Court Order

NOT TO BE MISTAKEN AS A IRS SUMMONS

Tax Payers Free To Ignore An IRS Summons

Queensbury, NY – On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order.

Quoting from the decision (Schulz v. IRS, Case No. 04-0196-cv)

“...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order…[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so refusing.”