In US TAX COURT

400 second street NW, Washington DC 20217

 

James Frank Osterbur

2191 county road 2500 E.  St. Joseph, IL 61873

social security #338-46-2535

www.justtalking3.info  www.trialoflife.info

vs

United States of America

 

commissioner of the internal revenue

 

Michael T. Shelton

200 W Adams st. Suite 2300

Chicago IL 60606

William J Wilkins Chief counsel

Thomas R. Thomas, division counsel

Miriam A. Howe Area counsel

Elke E. Franklin, Associate area counsel

 

case docket number   11108-12L

 

 

THE DEMAND

FOR CONSTITUTIONAL LAW, TO BE UPHELD!

The identity of a nation, the preamble of the US constitution/ the bill of rights/ and the declaration of independence: each of  which unites us, and is the FOUNDATION;   CARRIED forth BY LAW:   to its rightful RESPECTED PLACE in the governance of this nation.

 

 

PETITION FOR CLARITY

DEMAND FOR THE RELEASE OF DEMOCRATIC AUTHORITY.

 

 


THE CRITICAL RELATIONSHIP WE SHARE AS A NATION, IS THE DECISION:   that only the constitution shall be ruler over us all.  Everything else, is a decision that we the people assemble and participate within/ because that is our right, under the clause called FREEDOM; and it is, the essence of the constitutional preamble which in and of itself states:   our decision as a people SHALL BE HONORED AND RESPECTED, by these fundamental truths.

So there can be no delusions: the preamble is repeated here.

"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America."

THIS IS, the agreement that culminates and controls the purposes of the governance that is, "the American contract"/ with our employees.  Or more simply the RIGHT, to participate in our interest, and on our behalf, for the furtherance of these particular goals, and decisions; employees are hired, so that these fundamentals become: "the essence of an American life".  Our reality of life and society. 

 

This legal case called 11108-12L is about the difference between what is a guaranteed right,/ a democratic authority;  and its legal definition as is the first amendment of the constitution itself, and its clause called LEGAL redress of grievances.

verus

The assumption by the internal revenue service, that it can demand a payment for what is so clearly:   a betrayal of everything the American contract, which is in the preamble states.   Called frivolous and gibberish, as a cover up/ a betrayal of democracy itself;   the fundamental here is, what is an employee that deliberately tries to destroy the values, security, and participation in governance of us all/ if not "traitor"?

 

 That is    Treason, by its intent to destroy the sanctity and sovereignty of our constitution.  It is a duty to fight against those who deliberately and with clear intent:    expect and demand to dismantle democracy itself.  Those who work to  threaten, discard, and destroy the entire nation with their arrogance and religious expectations (we are like gods/ we know everything: let the people be our slaves).  The reality of this day does prove: those in powerful positions in fact have stolen every security for ourselves, and threatened the future of every child, without a right.  They have degraded America, and disgraced our existence.


That is then,  the fight for life, duty, nation, and world/ the demand for RESPECT as a people, the return of our sovereignty under the constitution/ and above our employees.   This is the right of democracy itself, being reborn/ because it is so badly damaged.  This is the legal right called REDRESS, the foundation upon which democracy defends itself, from employees who have proven themselves to be an enemy rather than friend.  This is the demand for accountability/ the right to expect, examine, and investigate the evidence to be collected:   FOR TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.

Because the enemy among us/ has been participating and funding the terrorists, who threaten our very existence as life on earth.  These being harbored, aided and abetted, and even armed with weapons, they intend to use to destroy us all.  Provided by those in powerful positions:   In our employ; who have gone too far.  Among the elemental threats are:   that we cannot survive the consequences of what it means for energy or genetic experiments that go wrong.  Their theories are not enough to prove safety for the nation or world/ their failure is our death, the mutilation of life, the end of everything we depend upon for survival.  How is that not terrorism/ it is!

 

Therefore this trial is about the resurgence of DEMOCRACY;   or more simply, a redress trial that assembles the people/ BY LAW.  So they can make their own decision, regarding their own futures, and the people who gamble with their nature, their lives, their children,  their nation, and even our entire world.  NOT A GAME.  NOT FRIVOLOUS, nor it is misunderstood; as is the common intent, by our employees:   to cover up all that threatens or deceives us, that decision:  proves and confronts a thief and a liar.  In opposition to lies/   this is the definition of democracy itself, coming to life; in aid of our society:   BY LAW!  By the essence of our authority as owners, in this nation called WE THE PEOPLE, through the law called redress.  Not:  you the employees can do any damn thing/ or take any damn thing  you want.  This is our legal right to intervene as owners, and demand our employees SHALL NOT further destroy what we have built.

 


DEMOCRACY MEANS:   I have a right, guaranteed by law, to participate in the governance of my society; by vote/ as the constitution allows.  Democracy DOES NOT mean:   I must or can only vote for someone to vote for me/ on the issues and laws which will affect my own life.   Rather DEMOCRACY means, that I can and will vote on the realities and laws, that will have a direct effect on my life, and my society BY VOTING for that law, creating that definition of law, and establishing the means by law: to become a true democracy unfettered by "a blind vote/ for people who are not me".  To do what I can do for myself, as we the people decide.  Democracy is:   THE RIGHT to participate in governing, by creating the laws: we shall all live by, ourselves!  Democracy is:   the ownership of authority directly under the constitution, and within its direction as is our contractual agreement with each other/ the sovereign people, who shall rule themselves.   NO employee shall be called sovereign/ NO right of any employee shall interpret or control our authority as we the people; (which includes every courtroom).  Rather we the people are sovereign UNDER THE CONSTITUTION as the agreement we cannot alter, but by a vote that constitutes a vast majority.  Therefore it is the constitution that is sovereign, "the government, and the law we build upon"While the people themselves are next in line; and the employee of government shall be as we the people,  direct them to be.  The power to create law, IS THE POWER that controls the nation, and the employees.  Therefore whosoever controls the law, controls the power to direct and establish/ to support and sustain/ to defend and protect OUR LIVES.  While none can claim those employees who have been hired in recent history have done what we needed as a nation to have been done.  Therefore the reality is clear:   WE MUST accept the task of governing ourselves.  WE MUST ACCEPT THE NEED, to become a true democracy for ourselves.  NOT power to the people/ but power to the constitution which controls the people, by establishing JUSTICE, FAIR PLAY, AND EQUALITY as is consistent with our "American contract with ourselves".

 


THE LAW, called REDRESS gives us the right to demand accountability/ presents us with a right to change course, and redirect our employees by changing the law, or creating a new law, or establishing the foundations for a new decision within the law.  Redress is the right to investigate, and fundamentally examine not only the current disgrace that our employees have made for us/ but it also assembles the power, to make a judgment for ourselves:   thereby becoming both judge and jury "is this within the constitutional American contract"/ is this what you swore to do for us?   We hold authority,  over our employees, and this nation, as we the people.  We are not the law of this nation/ WE, are the owners of this nation.  The law is as the agreement within the preamble of the constitution states/ the bill of rights further identifies/ and the declaration of independence establishes, because we are in need;  and have no other functional ability to change course, and defend ourselves, other than by redress or war.  And war NEVER resolves justice/ fair play/ equality/ or respect:   it merely kills, destroys, maims, and dissolves the alliance of one side or the other.  The end result is pathetic/ as history proves it rarely solves little.  To believe starting over is the only answer;  after war, means tremendous heartache first.  IT IS REDRESS, that understands:   we will start over with law, we will identify the trouble through:  investigation, the examination for truth, and the decision that is dedicated to our future: FOR LIFE, instead/ FIRST, not last.   Therefore it is said:   Let the law, be our army, and our weapon.  Let the law we create, for ourselves; be our friend/ NOT our enemy.  Let those who stand in the way of our American contract with ourselves, be treated as traitors/ deserters/ or fools.

 

Fundamental to this legal trial, this determination for the blessings of democracy: to establish a foundation for rebuilding:    what has been disgraced and disrespected in our lives, nation, and world/ by those employees who have sought to rule over us.  Those who have lied, cheated, abused, and stole from us: are employees, that chose themselves, or against us; proving to be enemies.

 IT  IS THE FACT, that democracy belongs ONLY to WE THE PEOPLE.  And NOT to those employees, who are hired to do a specific job, at a realistic level of competency/ THEY ARE NOT sovereign as they pretend.  They are not "the government" as they insist.  The constitution is our government, the employee simply hired to do our will, and protect, defend, and honor or respect our lives and nation and future.  That level of  competency is what is being tested in this trial; that failure which has so drastically affected our lives/ that we are bankrupt as a nation, in disarray as a society due to their failures/ and even threatened with extinction as a planet, the mutilation of all that is nature as life.   DNA IS NATURE.

  This is the foundation grievance that must be addressed/ the critical reality of what this court must correct: by giving power back to the people through redress.  Their option to intervene by law/ NOT the gun.  This is, "the proof of life" that is required by and of democracy itself.  To assemble with each other "united for the common good"/ in respect for our possession, our NEED, OUR FUTURE, our lives, EVERY CHILD in this world;     To honor the contract that is,   the nation called:    The United States of America!  By its original demand, so says the preamble.

 


BEYOND the limits of absolute need, that is our reality this day/  comes the essence of our existence as "the authority" under the constitution, called WE THE PEOPLE.  That is our American contract, with each other, and it does give instructions to our employees.  The critical knowledge:   that we own this nation outright/ that we are its power, and its authority, and its legal interpretation, because we are "sovereign under the constitution itself"/ by our agreement with ourselves.  The owners/ not slaves.   IS FUNDAMENTAL.

 At no time, and in no way: DID WE THE PEOPLE surrender any of this authority/ this power to decide for ourselves what a democracy is, or means.  That includes the constitutional descriptions of a job/ for which an employee shall swear, to OBEY; prior to being hired, and controlling the others; as is the supreme court and others.

Because we are owners here/ WE MAKE THE RULES; within the purposes declared by the constitution.  IT IS, a contract with ourselves!  Don't like it, then get out.

Because we are owners here:    WE SHALL consider the following realities as the beginning discussion for a new and different world, as a leader of nations.  Rather than a warrior sent by fools.

 

The foundation presented to us by our employees is: that they must have weapons of mass destruction/ "to save ourselves from war".  Didn't work did it?  As since that decree was established, America has been in the Korean war/ the Vietnam war/ the little wars/ the Iraq war/ the Afghanistan war/ and the Iraq war again.  The nuclear bombs did not stop world war 2; you were at the door/ and they had little left.  BUT IT DID, allow American leadership,  to threaten an entire world, until the Soviet Union threatened back.  The reality of weapons of mass destruction is:   at any moment in time, this world can end because of any nation which holds them, or others which steal/ etc.  Add to that the public menace of people who give lessons in how to make your own.

 

CHANGE MEANS:   THAT WE WILL END weapons of mass destruction/ by creating A WORLD COURTROOM, a WORLD LAW, and a world policing force that is autonomous within itself;   composed of every nation on earth.  And whose job it is, consists of enforcing that world law, by bringing the leaders to court.  Demanding LIFE first.  AND as we the people of this world agree.


That simple change begins the foundation for peace and harmony as a world.  It further removes the demand for military extremes, once this is done/ ending the power of leaders, to betray their people.

That world law shall include:   NOT ONLY will every weapon of mass destruction be eliminated peacefully as possible.   THERE SHALL BE, sections to the law, written as simply as possible:   for protecting women, and establishing they will be equal in this new era of life on this world.  There shall be a COMPLETE and absolute end to all "sexual slavery of women".   This police force shall do its duty, and prove this is true.  Those involved in any foundation, whether by religion or criminal conduct:   whose goal it is/ whose life will prove it is the choice they made:    "to use women for sexual sale or services": reducing them to slaves and worse.   SHALL BE executed, INCARCERATED for life, or sold and chained in a distinct prison, dedicated to homosexual prisoners, rapists, and the like/ for "homosexual purposes",  themselves.   Their "financial worth" confiscated and distributed equally,  to the women they enslaved and abused.

THAT WORLD LAW SHALL INCLUDE:    The needs and realities  of this environment on a global scale,  SHALL BE recognized and enforced. 

  THE FOUNDATION of respect for life, SHALL identify any area in this world that is so plagued by criminal conduct, that people are being mutilated;   forced by slavery; or other true disease or human disgrace.  And this international army shall assist this nation:   in creating peace.  Or these leaders shall be brought to trial. 

There shall be compliance by the people of any and every nation: as THE LAWS, established for "WE THE PEOPLE OF THIS WORLD".   To do what must be done, in accordance with the contractual law we chose for ourselves.  To  have decided by vote, with simple words and truths:  to enforce upon ourselves;  as a world.  Any nation that fails, will prove there shall be punishments:   by the world, as the LAW of this international courtroom applies.  Let there be no doubts, and no room for "favoritism": write the punishments down/ and establish the realities that shall enforce it.  There shall be  NO "special exemptions" for any nation/ all the same, regardless of size or power or other.  Life is life!

 

 

PROOF OF SERVICE

I, James F. Osterbur:   do hereby declare, that a true and correct copy of this first filing has been mailed to the following parties at the addresses so listed:   by certified mail (to the court).   Placing the parcel,  in the US postal service/ as prepaid mail on the date of 6/ 29 / 12

 

US TAX COURT    400 second street NW, Washington DC 20217

 


the internal revenue service Brookhaven appeals

1040 Waverly ave.  Stop 906

Holtsville NY 11742             refer reply to:   AP:FE:LI-BR2: JXS

 

INTERNAL REVENUE SERVICE

BOX 249

MEMPHIS TN   38101-0249                                    

 

INTERNAL REVENUE SERVICE 

CINCINNATI OH 45999-0030

 

Michael T. Shelton

200 W Adams st. Suite 2300

Chicago IL 60606