Libertarians Asking 'Anti-IRS' GOP Candidates If They Would Give A Presidential Pardon To Imprisoned 87-Year-Old Tax Protester Irwin Schiff
By Martin Hill
October 6, 2015



Irwin Schiff, 87 year old tax protester who is currently serving a long term in federal prison, was featured in Arron Russo's documentary America: From Freedom To Fascism.

With several of the GOP candidates such as Ted Cruz saying "we should abolish the IRS" and Rand Paul talking about "Ending the IRS," libertarians are asking presidential candidates such as Cruz and Paul if they will promise to pardon the feisty octogenarian, who isn't set to be released until 2017.

Robert Wenzel of wrote: Another Question to Ask Rand Paul: "A comment by Laurence Vance leads me to suggest another question to ask Rand Paul on the campaign trail. Peter Schiff's father, Irwin (87), is a tax protester,who is serving a 13 plus federal sentence for tax crimes. Most recently, his projected release date has been changed from October 7, 2016 to July 26, 2017. Ask Rand, if he would pardon Peter's father."

Rand Paul's father Ron Paul, you may remember, was featured in Freedom to Fascism along with Irwin Schiff. So this would be a great question to ask Rand, who talks of the IRS often, and in his newsletters advocated "Ending the IRS with my 14.5% Fair and Flat Tax that will slash taxes for all Americans as everyone pays one low rate." In another e-mail, Rand wrote "I want to abolish the IRS and slash taxes for all Americans with my 14.5% Fair and Flat Tax Plan. "

In June, Wenzel, who is widely regarded in Austrian economic and libertarian circles, wrote a critical analysis of Rand's proposal: [EXPOSED Rand Paul's Call for a Value Added Tax (In addition to a Flat Personal Income Tax.]

Laurence Vance at wrote wrote: "In his speech at the recent Values Voters Summit, Ted Cruz said that after he is elected president, he will go to Congress and pass fundamental tax reform where every American can fill out his taxes on a postcard. "And when we do that," he says, "we should abolish the IRS." But Ted, if we abolish the IRS, why bother to fill out the postcard? Why bother to pay your taxes at all? If there is no IRS then who is going to make sure the taxes are collected? Will Cruz pardon Irwin Schiff and release him from prison? Don’t hold your breath."

Schiff is the father of Peter Schiff, one time failed Senate candidate and economic pundit. While promoting libertarian style economics, when he ran for U.S. Senate in the GOP primaries, Schiff took a decidely 'mainstream Republican' position when it came to Israel, Iran and foreign policy- very similar to Rand Paul's pathetic positions today. In 2010 I wrote an article on Schiff which went viral and angered some of Schiff's loyal supporters: Peter Schiff unravels on Alex Jones show, advocating preemptive strike on 'nuclear' Iran (audio of contentious Infowars interview included.) [Also see: Peter Schiff shows true colors, endorses zealous Israeli-firster for Congress 7/14/10.]

On Irwin Schiff's website, the 87-year-old federal inmate writes: "But remember we are now dealing with the Federal Mafia and my website may be in danger, so download and save as much material as you can." Schiff is the author of The Federal Mafia: How the government illegally imposes and unlwafully coklects income taxes. Schiff writes "The Federal Mafia exposes every facet of the government’s illegal enforcement of the income tax – and will convince you that Organized Crime in America begins with The Federal Government – which is why the federal government has enjoined me from selling the book, so now I'm posting it for FREE! The government doesn't want you to know what's in this book, so now you can download it for FREE! Just right click the button below, to save it on your computer. Please share it with everyone you know who will read it. Right click the link above to download the entire book for FREE."

Wikipedia notes Schiff's multiple tax convictions:

Convictions for 1997 through 2002 tax years - On October 24, 2005, Schiff was convicted in the U.S. District Court in Las Vegas, Nevada, on multiple counts of filing false tax returns for the years 1997 through 2002, aiding and assisting in the preparation of false tax returns filed by other taxpayers, conspiring to defraud the United States, and (for his own income taxes for tax years 1979 through 1985) tax evasion, and he is again serving jail time.

Despite Schiff's age (he turned 78 years old on the day of sentencing), on February 24, 2006, Schiff was sentenced to 151 months (12 years and 7 months) in prison and was ordered to pay over $4.2 million in restitution to the Internal Revenue Service; Schiff was also sentenced to 12 additional months for contempt of court. On December 26, 2007, the United States Court of Appeals for the Ninth Circuit affirmed Schiff's convictions except for the criminal contempt convictions. The Court vacated the contempt convictions because of the failure of the trial court judge to file contempt orders under rule 42(b) of the Federal Rules of Criminal Procedure. The Court of Appeals indicated that the trial judge could file the appropriate paperwork and re-sentence Schiff on the contempt convictions. On September 5, 2008, the trial judge re-sentenced Schiff to eleven months in prison in connection with the contempt of court, effectively lowering Schiff's overall original sentence by one month.

...Convictions of Schiff's followers - Other individuals who have been convicted of federal tax crimes after following Irwin Schiff include Warren J. Burdett; Christopher and Pamela Harrison; Scott D. Haynes; Kenneth Heath; Joseph Letscher; David Middleton; Robert L. Mosel; James C. Payne; David G. Pflum; and Steven A. Swan.

Below is some additional information and excerpts from Irwin Schiff's website, including an injunction forbidding him and his cohort from doing a long list of things. The judge also demanded that Schiff post a copy of his order prominently on his website, where a pdf copy of the order is indeed posted.

In this interview from 2008, I asked Joe Bannister's tax attorney some questions about if an average American watched a movie such as 'Freedom to Fascism' and decided that they didn't want to file their income tax anymore, what would he recommend to them. I also interviewed Joe Bannister. Article here: Joe Bannister's tax attorney Jeff Dickstein gives advice to potential non-filers: "BE PREPARED TO LOSE EVERYTHING YOU HAVE"

Here is Freedom To Fascism in full:

Here is an interview with Peter Schiff being asked about his father's conviction:

Here is an interview with Irwin Schiff from 2004:

Transcript of Irwin Schiff Kangroo court "trial"
Important Notice - Please Read:
On October 14, 2008, Las Vegas Federal Judge, Lloyd D. George pursuant to to a summary judgment (i.e. no hearing) gave the United States a permanent injunction, barring Cindy and myself from doing things we don't do anyway and asking me to remove from my website material that is also not there. (No I'm not kidding). On November 24, 2008 I filed a 23 page motion requesting Judge George to stay his injunction pending a review by the Ninth Circuit.

It is extremely important that you read both documents below, since they will provide you with unique and overwhelming proof the the U.S. Justice Department knowingly enforces the "income tax" in violation of law, while Federal judges, knowingly do the same thing. More proof that organized crimes in the U.S. begin with the Federal government.

... Case 2:03-cv-00281-LDG-RJJ Document 251 Filed 10/15/2008 Click for the PDF version.

Findings of Fact. Based on the evidence and the parties’ arguments, the Court finds as follows:

(1) Defendants Irwin Schiff and Cynthia Neun promote abusive tax schemes including Schiff’s "zero income" tax return scam, which incites and assists customers to file false federal income tax returns claiming they received zero income and owe zero taxes. The defendants promote their schemes through seminars, radio shows, and advertisements, and charge customers for products and services related to their abusive tax schemes;

(2) Schiff and Neun also have interfered with the administration of the internal revenue laws by appearing with customers at IRS appeals hearings and encouraging their customers to raise frivolous arguments, by inciting and assisting customers to file frivolous lawsuits and Tax Court petitions and by inciting and assisting customers to send frivolous correspondence and other documents to the IRS;

(3) Schiff and Neun and their Freedom Books associates and employees have continually and repeatedly prepared and filed federal income tax returns (IRS Forms 1040), falsely claiming that their customers have no taxable income based on Schiff’s frivolous theories and arguments;

(4) The returns that Schiff and Neun and their associated entities have continually and repeatedly prepared are based on unrealistic positions, namely Schiff’s claims that paying taxes is voluntary and that wages and other income are not subject to taxation, and result in a gross understatement of their customers’ tax liability;

(5) Schiff and Neun knew or should have known that their representations regarding the "zero income" tax return scheme and the tax benefits to be derived from participation in their scheme are false because (1) the "zero income" tax return scheme is frivolous on its face, (2) there are numerous judicial decisions rejecting this and similar "zero income" schemes, (3) Schiff has been convicted twice of tax crimes for asserting these and similar arguments, (4) at least four people who followed Schiff’s program have been convicted of tax crimes, and (5) Schiff, individually and through Neun, and Freedom Books advertisements, holds himself out as an expert in tax law;

(6) Absent this permanent injunction, Schiff and Neun will continue to promote the abusive tax schemes;

(7) Schiff’s "zero income" tax return scheme and the "payment of income taxes is voluntary," "there is no law requiring Americans to file tax returns or pay income taxes," and "the income tax only applies to corporate profits" arguments on which the "zero income" tax return scheme is based, are frivolous and without merit; and

(8) The public is served by granting this injunction. This permanent injunction will help stem the spread of and protect the public from defendants’ fraudulent tax schemes. To the extent that any of the factual findings above can also be construed as legal conclusions, the factual findings shall also serve as conclusions of law.

Conclusions of Law
The Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1340 and 1345, and 26 U.S.C. §§ 7402(a), 7407, and 7408. Based on the evidence presented by the United States and the defendants, the Court finds that Irwin Schiff and Cynthia Neun, individually and doing business as Freedom Books,, and, are engaging in conduct subject to penalty under 26 U.S.C. §§ 6694, 6695, 6700, and 6701. Accordingly, the court finds that Schiff and Neun, and their associated entities and websites should be permanently enjoined under 26 U.S.C. §§ 7407, and 7408. The Court finds that the United States and the public will suffer irreparable harm in the absence of this permanent injunction and that Schiff and Neun will suffer little, if any, harm if the permanent injunction is granted. The United States has shown that Schiff’s and Neun’s tax positions are frivolous. Further, the United States has shown the public interest will be served through granting this permanent injunction.

Finally, the evidence presented by the United States and the defendants show that absent this permanent injunction, Schiff and Neun will continue to violate 26 U.S.C. §§ 6694, 6695, 6700, and 6701 and interfere with the enforcement of the internal revenue laws. Accordingly, the Court finds that a permanent injunction under 26 U.S.C. § 7402 is necessary and appropriate for the enforcement of the internal revenue laws. Order Based on the foregoing factual findings and for good cause shown, the Court ORDERS that defendants Irwin Schiff and Cynthia Neun, individually and doing business as Freedom Books,, and, and their agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of this Order are permanently enjoined from:

(1) Engaging in activity subject to penalty under 26 U.S.C. § 6700, including organizing or selling a plan or arrangement and making a statement regarding the excludibility of income that they know or have reason to know is false or fraudulent as to any material matter;

(2) Engaging in activity subject to penalty under 26 U.S.C. § 6701, including preparing and/or assisting in the preparation of a document related to a matter material to the internal revenue laws that includes a position that they know will result in an understatement of tax liability;

(3) Making false or misleading statements when marketing or advertising any tax-related products or services, including books, videotapes, audiotapes, seminars, packages, and consultation sessions;

(4) Making any statements, whether written or oral, that, in light of the situation, are likely to incite others to imminently violate the law, including to evade the assessment, payment, and collection of taxes;

(5) Assisting or aiding others to violate the law, including to evade the assessment and payment of taxes, through any means, including through giving in-person advice, posting information on the Internet, or selling books, tapes, CDs, that instruct or explain how to fill out fraudulent or false tax returns or other documents to be filed with the IRS;

(6) Providing any tax advice or services for compensation, including providing consultative services, "witness" services, or other tax advice to, or purported representation of, customers;

(7) Engaging in other activity that hinders the enforcement of internal revenue laws, including instructing and assisting others to file frivolous lawsuits or to disrupt and impede IRS audits and IRS or judicial Collection Due Process Hearings;

(8) Preparing or assisting in the preparation of any federal income tax returns for any other person;

(9) Engaging in any conduct subject to penalty under 26 U.S.C. § 6694, i.e., preparing any part of a return or claim for refund that includes an unrealistic position;

(10) Engaging in any conduct subject to penalty under 26 U.S.C. § 6695, i.e., failing to sign and furnish the correct identifying number on tax returns that they prepare; and

(11) Engaging in any other activity subject to injunction or penalty under 26 U.S.C. §§ 7407, 6694 or 6695, including fraudulent or deceptive conduct that substantially interferes with the proper administration of the internal revenue laws; Further, pursuant to 26 U.S.C. § 7402, the Court ORDERS that, within ten days of the date of this order, Schiff and Neun must place this order, in its entirety, on the, and "Home" pages (i.e., the first page seen when accessing the websites at the listed addresses), prominently featured at the top so that it is easily visible and readable without further action. The defendants must also remove from their websites and others signs and advertising all information that violates this order, including false commercial speech, speech that violates 26 U.S.C. §§ 6700, and speech that assists or is likely to incite others to violate the law.

Further, that the United States be permitted to engage in post-injunction discovery to monitor Schiff’s and Neun’s compliance with this and any other order entered by this Court.

SO ORDERED this _______ day of _____________, 2008. _________________________________ LLOYD D. GEORGE Senior United States District Judge
Prepared by: s/MICHAEL J. ROESSNER MICHAEL J. ROESSNER Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 7238 Washington, D.C. 20044 Telephone: (202) 305-3227 Attorney for Plaintiff United States

NOTE: The 'DISQUS' feature has been added to this site so you can leave your comments below. No login is required, you can post as a guest.

[Facebook does not allow links to my site. To post this article on Facebook, use this link:]

Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise,,,,, Economic Policy Journal,, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association,,, WorldNetDaily,,,,, Dr. Kevin Barrett's Truth Jihad radio show,, Pasadena Weekly,, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640,, Redlands Daily Facts,, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report,,,,, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze,,, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer,, From The Trenches World Report, and many others. Archives can be found at and DontWakeMeUp.Org.

FAIR USE NOTICE: The above may be copyrighted material, and the use of it on may not have been specifically authorized by the copyright owner. Such material is made available on a non-profit basis for educational and discussion purposes only. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in 17 USC S. 107. For more information go to: If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

You can follow on Twitter and re-tweet this article here.
Tweets by @LibertyFight

comments powered by Disqus