Final Finding of Facts

15 10 2013

Here is the Filing that the UNITED STATES OF AMERICA is suing me over:

 

Neil Schloss, CPA

 

v.

 

Internal Revenue Service

Kiera Whitaker

Randall Gardner

Steven T Miller

Timothy Geithner

William J. Wilkins

 

Jointly, individually and personally

 

_______________

 

 

Verified Declaration of Findings of Facts and Conclusions at Law in this Cause as a Natural Consequence of Default Judgment

 

 

Neil Schloss, sui juris and competent to testify with first hand knowledge herein claims at law default judgment for want of a plea based upon:

 

Having sent Agent Whitaker ID 0209358 a document request demonstrating federal jurisdiction contrary to my opinion, on or about October Twenty Fourth Two Thousand Twelve, Certified Mail # 7011 1570 0002 9926 0525, addressing the understanding that Article I Section Eight Clause Seventeen defines the legal definition of jurisdiction of the federal government and its agencies and to demonstrate this Clause to have been superseded, suspended, or abolished for any reason.

 

Agent Whitaker  failed to respond to the original request causing the Undersigned on or about December Nineteenth Two Thousand Twelve, Certified Mail # 7011 1570 0002 9926 0419 and Certified Mail #7011 1570 0002 9926 0587, to draft First Amendment Complaint for Redress and Demand.

 

Internal Revenue Service (hereinafter “IRS’) again fails to respond and causes Undersigned, on or about January Twenty Third Two Thousand Thirteen, Registered Mail # RE 564126594US sent to Agent Randall Gardner and RE564126585US sent to Agent Whitaker and RE564126577US sent to Department of Treasury in Cincinnati, Ohio and RE564126617US sent to Secretary of Treasury Timothy Geithner and RE564126603US sent to Commissioner Steven Miller, to draft an Emergency First Amendment Complaint for Final Default with Ten Day Notice to Cure.

 

Again the IRS fails to respond causing the Undersigned to draft, on or about February Thirteen Two Thousand Thirteen, Registered Mail # RE564127095US sent to Chief Council William Wilkins and RE564127127US sent to Department of Treasury in Cincinnati, Ohio and RE564127113US sent to Agent Kiere Jacobs Whitaker and RE564127135US sent to Secretary of Treasury Timothy Geithner and RE564127144US sent to IRS Commissioner Steve Miller and RE564127100US sent to Agent Randall Gardner, a second First Amendment Default Complaint for Final Default with Ten Day Notice to Cure.

 

The IRS sent no response.  The lack of response shows a lack of respect for due process and a lack of respect for redressing an individual’s grievance shocks the conscious and is an example of the continuing mixed war and intentional irreparable injury made upon the Undersigned and clients by the IRS.  The subject matter of the Undersigned’s Request for Documents was to show, All Documents demonstrating any United States (hereinafter “US”) or United States of America (hereinafter “USA”) and/or state venue/jurisdiction/authority and all such interests in or over the being or property of the undersigned (requester) and clients he represents, not the interpretation of the Internal Revenue Code.

 

Thus, the Undersigned, having not received replies, the IRS therefore intentionally defaulting by neglect or refusal of ministerial duty to reveal a source of jurisdiction/venue/authority/duty and therefore judgment falling as a natural consequence of an at law want of a plea,

 

And knowing the US Attorneys Manual states on criminal jurisdiction that there must be a nexus tied to unlawful use of interstate commerce, 18 U.S.C. § 2314, federal insurance,  18 U.S.C. §  2113, foreign affairs (e.g., 18 U.S.C. §§ 659, 2113, 2314), or mail, 18 U.S.C. §  1341, if the crime is not committed upon federal ceded soil,

 

And having never been appraised of any such nexus, nor have any verified filings or affidavits showing any civil/criminal jurisdiction/venue/nexus/authority/duty after repeated attempts to find some thread of jurisdiction/venue/authority/duty by administrative means,

 

And having seen the jury instructions for willful failure to file, which is not the case, which has no instruction of jurisdiction/venue/authority, thus assumes jurisdiction upon the Undersigned which is an error in law, and as such assumes a duty, which is also an error in law as there is or is not a duty, clearly defined as a matter of law,

 

And where lack of duty and jurisdiction is fatal to a case unless shown upon the record, and no such record exists or the IRS would surely come forth with such record, to keep this Man from error,

 

And a Man has a clear right not to live a perpetual state of mixed war and for this cause has sought remedy administerially and been frustrated without end,

 

And where, Art. 1, Sec. 8, Cl. 17 defines the limits of Congress specifically and gives no room for latitude, and the IRS has not shown this Man to be within those limits or to have such duty to file,

 

And where the code is not the law of the Sovereign and the Sovereign is not named in the codes except as for His protection, as explicitly shown in the Man’s filings by quote of Yick Wo v Hopkins,

 

And where Hale v Henkle declares that the unenfranchised man has no duty to government and only has a right to be protected by such government in his private affairs,

 

Where Federal was defined in Constitutional Convention as only having power to act upon the several states and not the People in the several states and the federal government having never denied such and the Supreme court upheld such fact in US v Lopez and Hagans v Levine,

 

And where the 16th Amendment has no words of enlargement of jurisdiction and clearly defines the subject as the “several states” in keeping with the only true “subjects” of Congress as a “federal” government.

 

And where “Silence can be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading. . . We cannot condone this shocking behavior by the IRS. Our revenue system is based on the good faith of the taxpayer and the taxpayers should be able to expect the same from the government in its enforcement and collection activities.” U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden, 424 F.2d 1021, 1032; Carmine v. Bowen, 64 A. 932. 

 

Therefore IRS having shown no such jurisdiction/venue, and IRS having defaulted at all times relevant to this case, to declare or prove jurisdiction upon the record or to make a record of such, and time now past to do so, absent an immediate administrative determination to the contrary,

 

Therefore, this is an at law default declaration by the Sovereign, that He or his clients will not be subject to unlawful jurisdiction or future tax returns except to claim a refund, and demands a return of all funds paid in prior years for the same, as he was coerced to sign financial instruments and file out of threat, duress, and coercion of prosecution for such failure which is a fraud.

 

Further, non notorious acts of IRS notwithstanding, this is a default judgment upon the IRS for want of an administrative determination. As the IRS is required by ministerial duty to the Sovereign, and the IRS having shown strong and persistent bias against the Man in his effort to obtain a true remedy and offering no remedy, therefore, this flesh and blood Man being the Creator of the Constitution, artificial entity governments, it’s courts and Superior to and not subject to his creations in every respect by right of law for want of a plea, 

 

Hereby declares as the Founders did by Declaration, and orders that by the silence of the IRS, in default and for want of a plea, have affirmed that this Man and his clients are indeed Sovereign and Superior and in the words of Justice Matthews in Yick Wo, “is not subject to law”, other than as a source of natural law of His Creator, and as such has a right to recoupment and a right to be left alone in his Being and Property.

 


 

 

 

 

JUDGMENT

 

Findings of facts clearly show Neil Evan Schloss, CPA and his clients are not subject to the Jurisdiction of the Internal Revenue Service by lawful judgment for want of a plea in default.

 

So declared as a matter of law, 

and submitted this ______ Day of _______________, 2013.

 

 

 ________________________________________

Neil Schloss

 

109 Mercer Street

Hightstown, NJ 08520

 

 

I, Neil Evan Schloss affirm that the facts stated in this Finding of Facts and Conclusions at Law for want of a plea are true to the best of my knowledge and belief and not meant for any improper purpose.

 

 

____________________________________________

Neil Evan Schloss

 

           

We, the undersigned, witnesses this          day of                              ,2013, that the one known to us to be Neil Evan Schloss, did personally appear before us in Mercer County, State of New Jersey, and upon affirmation execute and affix the above signature.

 

___________________________________                           ____________________________                                                               

(Witness Signature)                                                                 (Address)

 

 

___________________________________                           ____________________________                                                               

(Witness Signature)                                                                 (Address)

 

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