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  This page last edited: August 02, 2002
 

Evidencing the Official Record

Evidencing the Official Record is using discovery to obtain the agencies records that reveal what evidence they may have or not have. This evidence is critical to developing specific remedies provided under the law.

My name is Greg Galaski and I started to develop this strategy in 1983. This is my story.

In November of 1993, I was indicted along with 7 other defendants in one of the largest tax case in the nation's history also known as "The Pilot Connection" case.

After 3 indictments and 2 trials I was one of the 2 defendants that were acquitted by the jury.

During the course of my second trial, I successfully entered into evidence through the witness from the IRS, and YES by my skilled attorney, letters and requests for information with responses MADE UNDER THE FEDERAL FREEDOM OF INFORMATION (FOIA) AND PRIVACY ACTS (PA).

Interestingly, before the open of the second trial, the government provided us with written notice that the very same records maintained by the IRS had been destroyed. It is a mystery that copies of the records entered into evidence disappeared the next day. This presented no problem for I had made at least three additional copies of the evidence package. (Important Note: Maintain copies of your requests for information along with the agency's response in an orderly and sequential fashion)

This was just the beginning. During the first indictment, I initiated a 5th Amendment presentment in the form of a lawsuit to make an appearance before the federal grand jury. You could say that I brought a lawsuit against the grand jury. The purpose of my lawsuit was to present the same evidence and to present my research including a plethora of IRS manuals, procedures and publications to show there are certain rights, privileges and immunities involving the tax laws that were being violated by the Internal Revenue Service.

Fortunately, the judge understood the relief sought by my complaint, and issued declaratory judgment finding my complaint to be a proper grand jury reporting. This was AFTER I had properly amended my complaint and AFTER the government refused to show some reasonableness involving its conduct.

I could have pursued my presentment, but I was in the middle of fighting for my liberty, family and future, and had to take care of business by standing trial involving the indictment.

During the Trial my attorney presented my book, now titled, "Boston Tea Party" into evidence. My book explained the use and processes for FOIA and PA.

In the second trial, the IRS brought in their tax case, which was not part of the original indictment, in which the prosecution presented a case alleging that I had an outstanding tax debt based on some deficiency notices. I countered with my evidence, and on cross-examination my prepared attorney asked the IRS witness where on their Individual Master File Transcript did it show anywhere that the IRS issued deficiency notices. For some of you out there this is Transaction Code 494 -- notice of deficiency issued.

The witness responded that no such transaction code exists supporting the government's claim!

The jury found me "not-guilty" of the 17 felonies of which I was charged. This was due to my skilled attorney, with my research, and the application of my research through the Freedom of Information and Privacy Acts. I spent hours at my attorney's office reviewing the government's evidence, and putting everything in writing about all of my knowledge concerning both federal and State tax laws.

It was my position then, as it is today, that everyone should look into the tax laws and enforce them instead of running away on some grandiose and unfounded principle.

Now it is your turn to begin to learn the processes of evidencing your case, and to continue in the knowledge that you obtain by just picking up the books and talking to your friendly law librarian. I implore you, no.... I challenge you, for example, to look at the old Treasury decisions, like Treasury Decision 2313, and ask yourself how that applies today. If you have come this far, its time for you to ask yourself, how far will you open your mind to an alternative way of thinking aside from the conjecture and the baseless conclusions drawn by others that you have listened to or followed?

This Treasury Decision specifically applies to the infamous case of Brushaber v. Union Pacific Railway Co. cited by the IRS in its form letters.

This nation was built upon the notion of self-reliance, self-determination including the Right to pursue life, liberty, and happiness, and in consideration of the same notion you are responsible for your own learning, and your own education.

As a matter of legislative history, the roots of administrative procedure sprang from the Elihu Root as an experiment. Professor Kenneth Culp Davis on Administrative Law, 1965 Edition states, on page 7: "In 1916 Elihu Root, in an address as President of the American Bar Association, made a statement that could hardly be improved upon with the hindsight of half a century later: 'There is one special field of law development which has manifestly become inevitable. We are entering upon the creation of a body of administrative law quite different in its machinery, its remedies, and its necessary safeguards from the old methods of regulation by specific statues enforce by the courts.

* * * The necessities of our situation have already led to an extensive employment of that method.

* * * Before these agencies the old doctrine prohibiting the delegation of legislative power has virtually retired from the field and give up the fight. There will be no withdrawal from these experiments. We shall go on; we shall expand them, whether we approve theoretically or not, because such agencies (SHOULD) furnish protection of rights and obstacles to wrong doing which under our new social and industrial conditions cannot be practically accomplished by the old and simple procedure of legislatures and courts as in the last generation." (Emphasis added) [Vol. 41 A.B.A.R. 355, 368-369 (1916)]

It is incumbent upon YOU to make sure that the administrative body such as the Internal Revenue Service has furnished protection of rights and has removed obstacles of wrong doing within the agency.

In today's world, knowledge is power, how YOU can harness and give respect to that knowledge will require persistence, a tempered attitude and dedication are within your reach, click here for tools that you can utilize. See 'Evidencing the Official Record' course materials explaining how to use the disclosure laws to obtain the official record government is keeping about you. Click here

Late in 1998, through a mutual acquaintance, I met John Hecht who explained to me his conflict created by the Internal Revenue Service, and showed me the record that he had accumulated from the IRS. They not only mailed the notice of deficiency presumably deliberately to the wrong address, a common practice, but failed to answer his legal questions concerning their determination and assessment of tax.

John had all the evidence, submitted the proof of this wrong doing by the IRS to his Congressman and Senators but to no avail. They never informed him of his administrative remedy for IRS abuse. The solution was to identify the remedy based on his accumulated evidence, and it was suggested that John authorize a Senate Task Force Investigation (STFI) asking that the IRS justify its taxable source of income claims or abate the entire amounts of taxes involving at least 3 years.

Four days after the STFI received John's authorization to conduct an investigation, the IRS Problem Resolution Officer previously assigned to John's case by his senator, sent a letter to John a few days before Christmas. The letter stated that the IRS was fully abating all the assessments of tax, penalties, and interest. In short, they could not absolutely demonstrate that John had a tax return filing requirement for the years in question due to the fact that their records did not reveal any taxable sources of income under his assigned social security number. (Click here for this letter)

Sure enough, the IRS abated all taxes, penalties and interest given the fact that John could evidence THEIR official record and established a remedy ALL WITHOUT RESORTING TO CONJECTURE, THEORY, OR BY TAKING SOME SORT OF ARGUMENTATIVE POSITION! Yes, it's that simple if you just know how to take the evidence, and present it in a clear, no-nonsense manner.

This is an example of evidencing the record at the administrative level.

In conclusion, Congratulations on your journey for knowledge, seeking TRUTH and reasoned logic to once again reform this nation in the vision once conceived in its beginnings. -- Greg Galaski

Prolog:

Greg Galaski and John Hecht provide litigation support for attorneys, and are assisting attorney Noel Spaid in various tax issues. Greg Galaski has a CAF# and has represented clients in tax court. John Hecht is certified by American Conflict Resolution Institute which is sanctioned by the State of California in the following disciplines: Arbitration (qualified to judge), Mediation, Negotiation and Advocacy.

 

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