Federal Judge Robert P. Ruwe has been charged with corruption.
Seven and a half years after an IRS claim for refund was filed, K. Pat Brady, a colleague and supporter of LawlessAmerica.com, is still waiting for the 15-20K in overpayments the IRS has owed him since September 2004.
‘It was a valid, timely claim when I filed it’ Brady says. ‘After it was impulsively rejected in part, for demonstrably inapplicable reasons, it became an expensive and exhausting case for me in both time and money. I was arbitrarily forced into an emergency tax relief program [the JCWAA] enacted retroactively in March 2002 regardless that I didn’t qualify. ‘The Act’ was intended as a windfall tax benefit to jump start the economy after September 2001. But it was not a benefit to me. I didn’t ask for it and I didn’t even qualify. The IRS essentially said ‘ just take it and SHUT UP
This case began with overt IRS breeches of statute and overt misapplication of Tax Law. It ultimately turned into overt government fraud and nonfeasance. I filed complaints in the following venues but essentially ‘got the finger’ from them all.
- Letters of Protest/Objection to ‘the Service’
- New York Department of Tax and Finance
- Taxpayer Advocate Services
- IRS Appeals Bureau, Richard Monath Deadbeat Agent
- US District Court of WNY, March 2007
- US Court of Appeals, Second Circuit Sept 2007
- IRS Collection Due Process Hearing
- United States Tax Court, May 2007
- US Department of Justice, Tax Division, Civil
- Inspector General, US Department of Treasury [TIGTA]
- US Court of Appeals, Second Circuit [ appeal ]
- US Court of Appeals, Second Circuit [ reconsideration enbanc ]
- US District Court of WNY Dec 2011 [Motion to Re-Open]
- US Tax Court [Motion to ReOpen]
Brady also reports; ‘the US WNY District Court took my application fee and then feigned excuse that it lacked jurisdiction to hear the claim. I was charged again by the Second Circuit Court of Appeals who simply affirmed the excuse albeit clearly without having read the pro se appeal brief.
The case went to trial in the US Tax Court in September 2010. The evidence was so completely in Brady’s favor that IRS attorneys did not even present an opposing case. But by June 2011, when NO DECISION had yet been rendered Brady pressured the Court to do so. He laments, ‘rather than allow a pro se party to prevail, Judge Robert Ruwe resorted to typical judicial fiction. He SUMMARILY DISMISSED the claim as untimely pursuant to 26 USC. § 6532
‘It’s a lie’ says Brady. ‘A bold, in-your-face lie. This case has never been about anything this taxpayer did or did not do.’
Adding insult to offensive governmental injury, the Second Circuit then dismissed Brady’s appeal as frivolous’. He now adds ‘in the final analysis, we’re only talking about FIAT [paper] dollars. Congress gives away a gazillion of them every year. but won’t give back the overpayments taxpayers accrue when complying with estimated tax requirements.
Another plea for justice to the Tax Court was recently denied, again, clearly without having read the pro se papers. [see attached Motion]
I hereby depose under penalty of law that everything contained herein is, to the best of my knowledge, absolutely true and complete unless alleged upon information and belief. I further depose that nothing is intended to be vexatious, harassing, frivolous, offensive and/or sanction able in any manner.
KEVIN PATRICK BRADY
508 Locust Lane
East Rochester, NY 14445
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