We have alleged civil RICO against specific IRS employees operating in their individual capacity.  Their dishonest acts against us were not supported by any authority or laws of the Unites States.

RICO is a serious allegation and can result in significant penalties against these individuals.

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Why did we file an IRS tax abuse lawsuit?  (We are not attorneys but we represent ourselves)
Thomas Paine
Defending Ourselves - we are safe when we defend ourselves.
Defending-Ourselves-from-IRS-tax-abuse.com
Disclaimer: 
We are not attorneys.  We do not offer the information on these pages as advice.  Instead, we hope
you take it as encouragement to fight on behalf of yourselves.  After all, we must all defend ourselves from IRS tax abuse.
RICO against specific IRS employees
        In 2000 fraud was committed against us by our accountant, in league with several attorneys and financial advisors.  The entire story of their fraud is complicated, but it can be boiled down, in part, to this:  the legal firm set up a tax scheme, and paid our accountant without our knowledge, in order to look the other way when filing our taxes.  Their scheme was a sham tax shelter not allowed by the IRS.  Since we would never have agreed to using a tax shelter, they conspired to hide this from us, which they did successfully for several years.   We didn't realize the fraud until 2006, when the IRS and California Franchise Tax Board had assessed taxes against us. 

        In the years between 2006 and 2009 we waged a court battle against our former financial managers, and we ultimately established their fraud.  The lead attorney for the tax shelter actually fled the country, and now lives in Portugal, beyond the reach of the long arm of American justice.  These were tough years, in which we learned a big lesson: don't trust advisors without a healthy dose of skepticism.
 
        The origins, causes, and magnitude of our tax obligation for that period are no longer in dispute.  In 2009, using congressionally established laws, we sought a compromise payment strategy with the IRS, on the grounds that our attorneys, accountants, and financial advisors had defrauded both us and the IRS, and that it would be unjust and inequitable (26 § 301.7122 (b) (2) & (3)) to financially bankrupt and destroy us for the fraud, malpractice, and breach of duty perpetrated on us by those professionals, when we had engaged in no wrongdoing. 

        Several IRS agents violated their own laws to prevent acceptance of our Offer in Compromise, even while taking all of the funds in our possession.  We justifiably sought to protect our rights to due process, and discovered a dirty little secret of the IRS:  IRS employees have been given de-facto total immunity from prosecution for violations of laws, if their lawless behavior is in an effort to assess or collect taxes (check out section 7433 of the internal revenue code).   Such immunity for even intentional violations of the law can foster a pattern of employee lawlessness with respect to taxpayers.  It happened against us.  It could happen to anyone.

        RICO is systemic lawlessness within an organization, and appears to be a unique exception to IRS employee immunity.  We sued IRS employees individually under RICO.  The fate of this lawsuit is presently pending at the 9th Circuit Court of Appeals.  The Department of Justice, while defending the IRS employees in our appeal, argued to the Court that all employees of the government should have immunity for systemic intentional violation of the law so long as the federal government is the beneficiary.  Here's the actual quote:  "We nevertheless maintain that the language in Wilkie, as well as the principles underlying that decision, are broad enough to bar a RICO suit against government employees in any situation where the employees are acting for the financial benefit of the United States." Deputy Assistant Attorney General Tamara Ashford, 9th Circuit Appeal, pg 31, ¶2).  Federal employee Immunity for the intentional violation of a law undermines a fair system of taxation and encourages IRS employee crimes against taxpayers. 

        Total federal employee personal immunity for the intentional violation of laws will eventually undo, or already has undone, the due process rights of all Americans.  We are attempting to pursue our due process rights in federal court.  As one can imagine, there is some resistance to our claim within the federal justice system.  Nevertheless, this dispute stands between us and a just resolution of our tax liabilities.

Brian and Kathleen Kenner


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