David J. Edwards - Page 47




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          tax protester gibberish.  It’s much more disturbing when a member           
          of the bar offers tax protester gibberish as a substitute for               
          legal argument.                                                             
               The Internal Revenue Service is an agency of the United                
          States Department of the Treasury.  Secs. 7801(a), 7803.  Section           
          7801 provides that “the administration and enforcement of this              
          title shall be performed by or under the supervision of the                 
          Secretary of the Treasury.”  Section 7803(a) provides for the               
          appointment of a Commissioner of Internal Revenue under the                 
          Department of the Treasury.  Section 7803(a)(2) provides that the           
          Commissioner of Internal Revenue shall, among other things,                 
          “administer, manage, conduct, direct, and supervise the execution           
          and application of the internal revenue laws or related statutes            
          and tax conventions to which the United States is a party”.                 
          Section 7804(a) authorizes the Commissioner to employ, supervise,           
          and direct subordinate persons to administer and enforce the                
          internal revenue laws.  These sections of the Internal Revenue              
          Code dispel any notion that the Internal Revenue Service is not             
          authorized to administer and enforce the internal revenue laws.             
               The Supreme Court recognized in Donaldson v. United States,            
          400 U.S. 517, 534 (1971), that “the Internal Revenue Service is             
          organized to carry out the broad responsibilities of the                    
          Secretary of the Treasury under section 7801(a) of the 1954 Code            
          for the administration and enforcement of the internal revenue              







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