Summary of "Fmr. IRS Agent REVEALS "I haven't PAID income taxes in 28 years" it's UNCONSTITUTIONAL | Redacted"
Overview
This summary presents Joe Banister’s account and interpretation of IRS practice and law as discussed on a program hosted by Clayton Morris. Banister is a former IRS criminal special agent who says he stopped filing and paying the federal individual income tax beginning in 1999 after finding what he characterizes as systemic illegality in IRS enforcement.
Timeline / Background
- December 1996: Banister heard talk-show guest Devvy Kidd claim that the income tax requirement for average Americans lacked proper statutory authority.
- 1996–1998: Off duty, Banister researched the issue, reviewed case law and materials, and compiled a roughly 95‑page report. He presented that report to IRS supervisors.
- February 25, 1999: Banister says IRS supervisors effectively forced him to resign.
- 2004: The government indicted Banister on felony charges (conspiracy and false returns). He says he was acquitted but spent about $250,000 defending himself.
- Since his resignation and prosecution, Banister reports facing civil audits and assessments.
Central technical claim — the “1040A scam”
Banister alleges a recurring IRS practice he calls the “1040A scam.” His core points:
The IRS frequently fabricates or miscodes records (using a 1040A code) to show that a taxpayer “requested” the IRS compute a tax on their behalf, enabling the agency to enter assessments against nonfilers.
He argues that:
- Signing a Form 1040 under penalty of perjury is effectively a voluntary self‑assessment that gives the IRS statutory authority to collect.
- Without a signed return, the IRS lacks that self‑assessment and therefore resorts to irregular practices (such as creating or miscoding records) to manufacture assessments.
These claims are presented as Banister’s interpretation of how IRS systems and procedures are misused.
Legal framing
- Banister distinguishes between the text of tax statutes (which he says are constitutional as written) and the IRS’s enforcement practices, which he calls ultra vires (beyond legal authority) and illegal.
- He presents the misuse of IRS systems and procedures as systemic and longstanding.
- He frames his contention as a challenge to enforcement practices rather than an outright attack on the statutory text of the Internal Revenue Code.
IRS response and legal history
- According to Banister, IRS supervisors did not answer his questions and effectively forced his resignation.
- He reports criminal prosecution and subsequent civil enforcement actions were used against him in an effort to silence or punish his challenges.
- He claims an acquittal on the felony indictment but substantial legal costs and ongoing civil assessment activity.
Practical advice and warnings (per Banister)
- He urges people to research and understand the issues thoroughly before acting.
- He does not give a blanket instruction to refuse to file or pay taxes; instead he emphasizes:
- The risks and complexities involved.
- That outcomes vary widely depending on personal circumstances (assets, visibility to the IRS, prior filings).
- The need for caution and homework before making decisions.
- He cites resources such as Freedom Law School and stopthefed.com for information and assistance.
Political and legal remedies (Banister’s view)
- Banister reports limited helpful engagement from Congress; he notes past interest from figures such as Ron Paul.
- He suggests the executive branch, as chief executive, could stop unlawful IRS practices by exposing and halting them.
- He characterizes some prosecutions and enforcement actions against him as attempts to silence critics.
Resources, collaboration, and reach
- Banister runs agentfortruth.com.
- He collaborates with or references people and groups that promote similar arguments and assistance for those challenging IRS practice (e.g., Paymon/“Peymon”, Freedom Law School, stopthefed).
- He references other practitioners and cases when discussing recent tax enforcement and alleged fraud.
Presenters and contributors
- Clayton Morris — host/presenter
- Joe Banister — guest; former IRS special agent
Other people referenced
- Devvy Kidd — talk-radio guest whose statements prompted Banister’s inquiry
- Paymon / “Peymon” — affiliated with Freedom Law School / stopthefed resources
- Nick Shurly — referenced in discussion of recent tax enforcement fraud cases
Note on claims
The assertions above are presented as Joe Banister’s account and interpretation of law and IRS practice. The hosts and guest repeatedly advise viewers to do their own homework and to consider risks before taking action.
Category
News and Commentary
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