|June 23, 2005
Former IRS CID Special Agent Joseph Banister Acquitted of Tax
Fraud And Conspiracy
Government Unable To Prove U.S. Law
Requires Income Tax Withholding or Filing
Sacramento California -- On
Thursday June 23, a federal jury found former IRS Criminal
Investigative Division (CID) Special Agent and CPA Joseph
Banister not guilty of all counts alleging criminal tax fraud
and conspiracy related to actions he took on behalf of a
California business owner who had openly defied the IRS over
several years by stopping withholding of all income and
employment taxes from the paychecks of his workers.
During the trial the Department of Justice was
unable to put forth any evidence that Banister had either
engaged in a conspiracy or had acted unlawfully when he shared
legal research with business owner Al Thompson concluding that
he had no legal obligation to withhold taxes from his workers or
when he (Banister) prepared corrected tax returns for Thompson
claiming his taxable income was, under U.S. law, zero.
During the trial, Banister's former supervisor at IRSís San Jose
CID office, Robert Gorini (who testified via video recording)
when pointedly asked, was unable to cite any U.S. law that
required Banister to pay income taxes.
Banister, who was forced to resign in 1999 after questioning IRS
officials about their legal authority, gave Thompsonís workerís
a presentation in 2000 which reviewed his detailed investigative
research of U.S. tax law which concluded that not only did the
IRS lack any authority to impose income taxes on the workers,
but there was no legal requirement for the business to withhold
any taxes from the worker's paychecks.
Banister is part of a nationwide effort seeking to force the
U.S. Government to respond to a series of detailed legal
Petitions for Redress of Grievances directly challenging the
authority of the IRS. Last summer, the We The People Foundation
initiated a landmark lawsuit with 2000 plaintiffs against the
government because it has refused to answer the Petitions.
The Right-To-Petition lawsuit, of which Banister is a plaintiff,
is the first time in history that U.S. courts have been asked to
define the meaning of the final ten words of the First
Court documents for the RTP lawsuit and scholarly research
regarding the Right to Petition can be downloaded from the
Lawsuit Information Center on
Following the verdict, Banister was greeted by a throng of WTP
supporters and members of his family.
Tomorrow, WTP will publish additional details of this important
news and stream video of post-verdict interviews of Banister &
several of the jurors.