Bob Beale Writ Habeas Corpus

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31Dec.07

HAPPY NEW YEAR HEALTH,SAFETY,WELFARE OF BOB BEALE

TO THE STATE OF MINNESOTA, UNITED STATES OF AMERICA ET AL

ALL PRESIDENTIAL CANDIDATES et al

TO:Bruce Anderson Sheriff: Sherburne County Sheriff's Department - Dec 30

763-241-4500 Jail Fax: 763-441-7303 Admin 763-241-4510 Jail. Office Hours: Monday - Friday 8am to 4:30pm (except holidays). sheriff@co.sherburne.mn.us ... www.co.sherburne.mn.us/sheriff/default.htm - 23k - Cached - Similar pages

FROM: Sharon Scarrella Anderson tel/fx 651-776-5835 Preferr Abolish Property Taxes: Bob Beale: Sherburne Co.Jail 30Dec07 Sharon4Anderson@aol.com

With Standing as Candidate MINNESOTA ATTORNEY GENERAL 2006 VOTE SHARON ANDERSON HOMEGROWN ... - 3 visits - Dec 30

shewolfeagle@aol.com Sharon4Anderson@aol.com EagleEyeSharon@aol.com, HOT LINKS: www.defraudingamerica.com/lawsuit reno.html www.quitam.com ... hometown.aol.com/http://www.google.com/search?hl=en&ie=ISO-8859-1&q=Sharon4Anderson@aol.com&btnG=Search

State Attorney General 2006http://www.google.com/search?hl=en&ie=ISO-8859-1&q=Sharon4Anderson@aol.com&btnG=Search http://sharon4staterep64a.blogspot.com/ http://sharon4judge.blogspot.com/

To Whom it May Concern: attent: Bruce Anderson Sheriff et al.

By information and belief Bob Beale is held in your custody

with knowledge that Bob Beale can read,write English, is computer literate has acted Attorney Pro Se, therefore: Sharon as one of many NEXT FRIENDS must fax the 5 page Opinion and Order by Mormon Judge Lawrence J. Block dtd.16Nov05, "without prejudice" for Bob Beale to have some copy's to work off of reconsider and if Beale is DENIED, paper, pencil, computer , 7 pg 28USC22254 Writ HC 5 pgs Dupont appeal

http://www.okwd.uscourts.gov/files/forms/ao241.pdf [PDF]

[PDF]

In The United States Court of Federal Claims - 2 visits - 10:55am

File Format: PDF/Adobe Acrobat - View as HTML Robert B. Beale, apro seplaintiff, filed acomplaint claiming“common law immunity” from. federal income taxes and simultaneously filed an application for a ... www.uscfc.uscourts.gov/Opinions/Block/05/BLOCK.Beale.Finl.pdf - Similar pages

Writs Habeas Corpus - Google Search - 2 visits - 10:5Bob Beale taxes - Google Search 5am

File Format: PDF/Adobe Acrobat - View as HTML Robert B. Beale, apro seplaintiff, filed acomplaint claiming“common law immunity” from. federal income taxes and simultaneously filed an application for a ... www.uscfc.uscourts.gov/Opinions/Block/05/BLOCK.Beale.Finl.pdf - Similar pages

[PDF]

OFFICIAL PROCEEDINGS OF THE COUNTY BOARD WASHINGTON COUNTY ...

IED the use of Computer for Electronic Filings.

found by google search's Judge Lawrence J. Block Mormon - Google Search

Famous Mormon Lawyers and Judges - 2 visits - 10:53am

Famous Mormon Lawyers and Judges. Lawrence J. Block. U.S. Court of Federal Claims, In 1987, Judge Block was awarded the Attorney General's Special ... famousmormons.net/law.html - 33k - Cached - Similar pages

JRCLS Chapters

E.I. Du Pont de Nemours, et al. v. U.S. - Dec 30Judge Lawrence J. Block Opinions Dupont - Google Search

Judge Lawrence J. Block. United States Court of Appeals for the Federal Circuit. 03-5137. E.I. DU PONT DE NEMOURS and COMPANY, INC.,. Plaintiff-Appellant, ... www.ll.georgetown.edu/federal/judicial/fed/opinions/03opinions/03-5137.html - 106k - Cached - Similar pages

Judge Lawrence J. Block Opinions Dupont - Google Search

Submitted in Good Faith: to insure Due Process's for Bob Beale, research,

THEREFORE: fAX 5 pgs. of Order 5 pages of the Dupont Case which may be comparable 5 pgs

7 pgs Writ HB

/s/ http://sharon4council.blogspot.com/ http://sharon4staterep64a.blogspot.com/

Candidate Profile FCC Complaints - Google Search Times v. Sullvian Libel with malice - Google Search BlogItBabe2007 Candidate profile Sharon4Anderson's Legal BlogBriefs Sharon4Anderson St.Paul City Council Ward2 SA-Blogs2007 Blogger: Dashboard LEGAL NOTICE: /s/Sharon4Anderson@aol.com ECF_P165913Pacersa1299 telfx: 651-776-5835: Document's are based on SEC filings, current events, interviews, press releases, and knowledge gained as financial journalists, Private Attorney Generals, Candidates for Public Office documents expressly forbids its writers from having financial interests in securities they recommend to readers, affiliated entities, employees, and agents an initial trade recommendation published on the Internet, after a direct mail publication is sent, before acting on that recommendations, and may contain errors. Investment decisions should not be based solely on theseSHARON-MN-ECF: Judges-Greylord-Libby-Guilty LUFSKY Scap129FAnokaP2697(1976) Cpl James R. Anderson USMC 11022885 Bio for Sharon Anderson , TAKING DL_AOL Journal Legal Eagle SharonAnderson 1 Journalism Ethics Blogger: 1986 Petition Jane Duchene MN Bull SharonScarrellaAndersonUSBriefs - Buzznet Sharon'sFedCases1973to2006_13pdf Anderson + Advocates http://www.sharonanderson.org/ http://www.sharon4anderson.org/

Bob Beale: Sherburne Co.Jail 30Dec07

Public Notice of the Whereabouts of Humanitarian Robert Beale Sherburne Co. Jail MN - Google Search Sherburne County Sheriff's Department

30Dec07 To Sherburne Co. Sheriff Bruce Anderson tel 763-241-4500 Fax: 763-241-4510

Pursuant to the www.startribune.com Reporter Randy Furst

the undersigned has transferred the incarcaretion of Bob Beale http://taxthemax.blogspot.com

Affiant is duly concerned as her Tenant Steve Quale Sr. died/Murdered at the Sherburne Jail 9Feb05

QUESTIONS: Why is a Federal Prisoner not at the Ramsey County Jail? where his alleged offense of alleged Tax Evasion? By information and belief Bob Beale is Computer literate with a Federal ECF no whether he has a pacer account at this time is unk. However in conformance with Electronic Filings http://sharon-mn-ecf.blogspot.com it would be prudent for Humanitarian/Christian Bob Beale to have complete access. with either word or pdf files to file in Federal Court electronically Samples: www.givemeliberty.org with 4Jan08 US Supreme Court hearings THEREFORE: Please notify Bob Beale that the Public has been aprised of his whereabouts, will assist if needed and as Next Friend. Sincerely /s/ Sharon with standing http://sharon4staterep64a.blogspot.coLEGAL NOTICE: /s/Sharon4Anderson@aol.com ECF_P165913Pacersa1299 telfx: 651-776-5835: Document's are based on SEC filings, current events, interviews, press releases, and knowledge gained as financial journalists, Private Attorney Generals, Candidates for Public Office documents expressly forbids its writers from having financial interests in securities they recommend to readers, affiliated entities, employees, and agents an initial trade recommendation published on the Internet, after a direct mail publication is sent, before acting on that recommendations, and may contain errors. Investment decisions should not be based solely on theseSHARON-MN-ECF: Judges-Greylord-Libby-Guilty LUFSKY Scap129FAnokaP2697(1976) Cpl James R. Anderson USMC 11022885 Bio for Sharon Anderson , TAKING DL_AOL Journal Legal Eagle SharonAnderson 1 Journalism Ethics Blogger: 1986 Petition Jane Duchene MN Bull SharonScarrellaAndersonUSBriefs - Buzznet Sharon'sFedCases1973to2006_13pdf Anderson + Advocates http://www.sharonanderson.org/ http://www.sharon4anderson.org/ m http://sharon4judge.blogspot.com http://richard-bullock.blogspot.com/ Ex-CEO regrets 'mission' to take on IRS

Bruce Bisping, Star Tribune

A photo of Robert B. Beale, founder of Comtrol Corportation, hung in the company lobby last year.

Robert Beale, awaiting a trial for tax evasion, ponders all that he once had -- and lost.

By RANDY FURST, Star Tribune

Last update: December 30, 2007 - 8:51 AM Print this story

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Robert Beale's booking mug

Robert Beale's world is in collapse.

Not so very long ago, he had a wife, a family and substantial wealth. He was a leader of his church and a successful business executive.

Then he decided he had the legal right to stop paying his taxes.

Now Beale wears the orange jumpsuit of a jail inmate, back in custody after 14 months as a fugitive. His wife has divorced him and seized his assets. His son has ousted him from the Maple Grove computer firm Beale founded.

He spends his days in a jail cell, preparing for a trial that could send him to federal prison for a decade or more for tax evasion and unlawful flight.

"The hardest part is thinking about family and friends on the outside," said Beale, 64. "Emotionally, it's horrible ..."

Beale said: "In hindsight, I believe I was not wise. I'm sorry I even took this mission. ... I was very naive."

Regrets taking on IRS

Beale got involved in the tax protest movement years ago. He failed to show up for his federal trial in Minneapolis in August 2006, resulting in a 14½-month manhunt.

Now held at the Sherburne County jail in Elk River, Beale talked about the reasons he went on the lam (he needed more time to prepare his case), his life as a fugitive (he took a cruise) and how he got caught (he said his ex-wife tipped off authorities). He said he regretted taking on the IRS and failing to pay his taxes.

"I never imagined they would take such a hard line," he said. "I assumed if they ended up disagreeing with me, I would just pay the taxes."

While no household name, Beale has been in the spotlight before. He was Minnesota campaign manager for Pat Robertson, the conservative television evangelist who ran unsuccessfully for president in 1988.

For about 10 years until the mid-1990s, Beale said he was a major contributor and board member of Living Word Christian Center, a large Brooklyn Park church where Mac Hammond is senior pastor.

Hammond said through his daughter-in-law and assistant, Kristin Hammond, that he and Beale "had points of disagreement and taxes were one of them." Hammond said "he was very sorry for what has happened to Bob."

Beale, a Massachusetts Institute of Technology graduate, was an engineer with an entrepreneurial touch. A firm called Artist Graphics that he started in the early 1980s had revenue of up to $35 million a year by the end of the decade, according to his eldest son, Theodore Beale, who now lives in Italy.

As the computer graphics industry shifted from computer cards to chips, the firm folded. But Beale had started Comtrol, which makes devices that connect peripherals like printers and modems to computers. Comtrol's revenues rose to about $25 million, and at its peak it had up to 100 employees, Theodore Beale said.

Beale's issues with the IRS surfaced in the early 1990s when he had a dispute with the IRS over an Artist Graphics facility located in Ireland, Theodore Beale said.

Anti-tax crusaders

Beale later began reading books about the tax code. One was by Irwin Schiff, one of the nation's leading anti-tax crusaders. Beale attended one of Schiff's seminars.

In February 2006, Schiff, 78, was sentenced to more than 13 years in federal prison for advising people that no U.S. law requires them to pay income tax.

Meanwhile, Beale read more books like Schiff's, and said he concluded that the federal income tax "applies to a profit from business that's related to the federal government and it also applies to any employee of the federal government."

He began filing annual tax statements, he said, claiming he did not think his income was taxable because he was not a federal employee. He said he believed he was on a mission.

The IRS had different ideas. In January 2006, Beale was indicted by the U.S. attorney's office for tax evasion. His passport was confiscated.

Prosecutors declined to comment for this story. In court filings, they indicated Beale did not want Comtrol to pay him directly for his income in 2000, so he and company President Lee Stagni had Beale paid through a shell company, "Chayil."

It functioned as a pass-through entity for concealing Beale's income from the IRS, and Comtrol documents were then backdated, Assistant U.S. Attorney Timothy Rank alleged. Beale filed no federal or state tax returns for 2000 to 2004, even though he received at least $5,696,574 in income, Rank wrote. He also said company employees were told by Beale and Stagni not to file normal payroll documents for Chayil with the IRS.

"It wasn't hidden from anyone," said Beale. "The accounting department knew what my income was. The government could have called me or written my company and found out what my income was."

Beale chose to represent himself in court. Motions he filed early in the case were rejected by U.S. District Judge Ann Montgomery shortly before the trial was to begin on Aug. 14, 2006. Such eleventh-hour rulings are not uncommon, but Beale said he was unprepared for them, and rather than seek a continuance, he fled. "I didn't believe I would get a fair trial," he said.

On the run

Beale said he moved in with a friend. The friend turned out to be Martin Chapman, a tax critic who had a mobile home near Balsam Lake, Wis. Officials raided it on Aug. 29, 2006, but Beale was gone. Chapman, who says he did not know Beale was a fugitive, was not charged.

Beale said he moved in with "someone else" -- he won't say who -- and stayed in the Twin Cities area until that following Christmas, researching his tax case.

"I rode my bicycle and I went jogging daily," he said. One weekend while riding his bike, he said, he stopped at a fruit stand, and a man at the stand sold him some watermelon and told Beale he was a full-time police officer. "I just decided to eat quickly and be gone," Beale said.

Around Christmas, he said, he moved to Orlando, Fla., rented a room under another name and continued to work on his computer. He obtained false identification, he said. He declined to say where he got money to live on.

During this period, he said, he made a couple of trips by plane -- one to attend a tax seminar in New York-- and also took a one-week cruise to the Bahamas, which he called "just a vacation."

He said he made a "really dumb mistake" using the same cell phone for 11 months.

"I started calling my family," he says. "My ex-wife found out I was making these calls and she called the police. They subpoenaed the phone records from family... and found out where I was calling from."

He was arrested without incident in the parking lot of an Office Depot in Orlando on Nov. 1.

Beale was originally supposed to stand trial with Lee Stagni, Comtrol's ex-president, who was charged with helping Beale evade taxes. Stagni was convicted of aiding Beale and sentenced to three years and seven months in prison.

"I thought he was totally innocent," said Beale. "He was just doing what I told him."

In the meantime, problems were multiplying at his company. In an affidavit filed in Hennepin County District Court in May, Bradford Beale, another of his four sons and vice president of Comtrol, said many company decisions couldn't be made because his father was a fugitive.

Comtrol's bank terminated the company's line of credit. The court removed Robert Beale as CEO. Beale's personal life was also in a shambles. Even before he fled, Rebecca Beale, his wife of 40 years, who had tried to dissuade him from battling the IRS, left him and moved to Florida.

After he disappeared, she divorced him and initiated a separate legal case against him in Ramsey County District Court to obtain his assets, accusing him of attempting to create illegal trusts and an illegal corporation to hide income and property and to defraud the U.S. government. She also claimed he had gold and other funds valued at more than $775,000 in Swiss banks.

The courts stripped him of his $5.6 million in Comtrol stock, the couple's $1.9 million home in Naples, Fla., and $2 million home in North Oaks, awarding it all to his wife. Court papers say she will have to pay about $2.5 million to the IRS in tax, penalties and interest.

Theodore Beale said the Swiss accounts, long since depleted, were set up years ago when his parents considered moving to Switzerland. Beale's ex-wife and her lawyers could not be reached for comment.

'Going to be a hero'

Beale said he had no money and can't hire his own lawyer. He said he'll represent himself at trial, although the court has appointed a lawyer, Dean Grau, as "standby counsel."

Dan Pilla, a Stillwater tax litigation consultant, said that the views of tax protester Schiff are "nonsense," but that Beale might be able to convince a jury that he believed Schiff's writings and that he acted in good faith when he failed to pay income taxes. Such jury decisions are rare but do happen, he said.

"He has something that is going to hurt him bad, and that's the fact that he ran," Pilla said. Prosecutors will argue it proves he knew he was wrong.

Dan Scott, Beale's former stand-by attorney, said Beale could get 9 to 12 years in prison under U.S. guidelines.

From jail in Elk River, Beale said he is struggling to assemble his case. No date has been set for the trial.

"The saddest part of the story is I thought I was going to be a hero, not a pariah," he said. "I wish I could turn the clock back. ..."

Staff researcher Roberta Hovde contributed to this article. Randy Furst • 612-673-7382

Continue to next page

http://www.whistleblowersblog.org/12.13.2007.Murphy.Cert.Pet.pdf

No. _________

================================================================

In The

Supreme Court of the United States

---------------------------------

♦

---------------------------------

MARRITA MURPHY,

Petitioner,

v.

INTERNAL REVENUE SERVICE

and UNITED STATES OF AMERICA,

Respondents.

---------------------------------

♦ ---------------------------------

On Petition For A Writ Of Certiorari

To The United States Court Of Appeals

For The District Of Columbia Circuit

---------------------------------

♦ ---------------------------------

PETITION FOR A WRIT OF CERTIORARI

---------------------------------

♦

---------------------------------

D

AVID K. COLAPINTO

*

S

TEPHEN M. KOHN

K

OHN, KOHN & COLAPINTO

, LLP

3233 P Street, N.W.

Washington, D.C. 20007

(202) 342-6980

*

Counsel of Record

================================================================

COCKLE LAW BRIEF PRINTING CO. (800) 225-6964

OR CALL COLLECT (402) 342-2831

i

QUESTIONS PRESENTED

(1) Can Congress tax “make whole” personal injury

or sickness damage awards that are solely intended

as compensation for a loss (or restoration

of human capital), as opposed to income or any

accession to wealth, in accordance with this

Court’s holdings in Comm’r. v. Glenshaw Glass

Co., 348 U.S. 426 (1955) and O’Gilvie v. United

States, 519 U.S. 79 (1996)?

(2) Is the tax on Ms. Murphy’s compensatory damages

permitted by the Sixteenth Amendment to

the Constitution, by 26 U.S.C. § 61(a), or by any

other section of the tax code?

(3) Should compensatory damages awarded to Ms.

Murphy based on evidence, including, among

other physical injuries, permanent damage to her

teeth and physical manifestations of stress resulting

from the violation of her legally cognizable

federal statutory rights, be excluded from

gross income based on Internal Revenue Code

(“IRC”), 26 U.S.C. § 104(a)(2)?

PARTIES TO THE PROCEEDINGS

The following is a list of all parties who have

appeared before the D.C. Circuit:

Petitioner

Marrita Murphy and Daniel J. Leveille, Plaintiff-

Appellants.

Respondents

Internal Revenue Service and United States of

America, Defendants-Appellees.

Amici Curiae

The following amici curiae parties were admitted:

No Fear Coalition, The National Employment Lawyers

Association, Andrew Jackson Society, National

Taxpayers Union, Liberty Coalition, and Innocence

Project.

TABLE OF CONTENTS

Page

QUESTIONS PRESENTED .................................. i

PARTIES TO THE PROCEEDINGS..................... ii

TABLE OF CONTENTS......................................... iii

TABLE OF AUTHORITIES ................................... v

OPINIONS BELOW............................................... 1

JURISDICTION ..................................................... 2

CONSTITUTIONAL, STATUTORY, AND REGULATORY

PROVISIONS INVOLVED ................. 2

STATEMENT OF THE CASE................................ 6

REASONS FOR GRANTING THE WRIT............. 11

I. WHETHER PERSONAL INJURY DAMAGES

AWARDED SOLELY TO COMPENSATE

FOR A LOSS (OR RESTORE

HUMAN CAPITAL) ARE TAXABLE AS

GROSS INCOME IS AN IMPORTANT

QUESTION OF FEDERAL LAW THAT IS

EITHER NOT SETTLED BUT SHOULD

BE RESOLVED BY THIS COURT, OR

HAS BEEN DECIDED BY THE D.C.

CIRCUIT IN A WAY THAT CONFLICTS

WITH RELEVANT DECISIONS OF THIS

COURT AND OTHER CIRCUITS .............. 11

A. Whether Damages Awarded Solely to

Compensate for Personal Injury Losses

(and Not for Wages or Liquidated or

Punitive Damages), Are Taxable Income

Needs to be Resolved...........

iv

TABLE OF CONTENTS – Continued

Page

B. The D.C. Circuit Failed to Follow Glenshaw

Glass............................................. 15

C. Implying A Tax Conflicts With Supreme

Court and Circuit Precedent ..... 22

D. Congress Did Not Enact An “Excise

Tax” on Compensatory Damages and

the D.C. Circuit’s Interpretation of the

Catchall Phrase of Section 61(a) To

Imply Such A Tax Conflicts with Cases

of Other Circuits and of the Supreme

Court ...................................................... 26

E. The D.C. Circuit’s Decision Conflicts with

the Supreme Court’s test in Schleier ....... 31

II. THE QUESTIONS PRESENTED ARE

IMPORTANT AND THERE IS NO REASON

TO DEFER REVIEW.......................... 33

CONCLUSION ....................................................... 36

APPENDIX

CIRCUIT COURT OPINION (07/03/2007).......App. 01

CIRCUIT COURT OPINION (08/22/2006).......App. 39

CIRCUIT COURT ORDER (12/22/2006) ..........App. 68

CIRCUIT COURT ORDER (12/22/2006) ..........App. 70

DISTRICT COURT MEM. OPINION

(03/22/2005) ....................................................App. 72

DISTRICT COURT ORDER (03/22/2005) ........App. 93

CIRCUIT COURT ORDER (09/14/2007) ..........App. 95

TABLE OF AUTHORITIES

Page

CASES

America Online, Inc. v. United States, 64 Fed.

Cl. 571 (Ct.Cl. 2005)................................................23

American Bank and Trust Co. v. Dallas County,

463 U.S. 855 (1983).................................................24

Ark Las Vegas Rest. Corp. v. NLRB, 334 F.3d 99

(D.C. Cir. 2003)..........................................................9

BedRoc Ltd., LLC v. United States, 541 U.S.

176 (2004) ................................................................32

Bhd. of R.R. Trainmen v. Balt. & Ohio R.R.

Co., 331 U.S. 519 (1947)..........................................25

Bowers v. Kerbaugh-Empire, 271 U.S. 170

(1926).......................................................................20

Bromley v. McCaughn, 280 U.S. 124 (1929) ..............29

Brown v. United States, 890 F.2d 1329 (5th Cir.

1989) ........................................................................31

Burk-Waggoner Oil v. Hopkins, 269 U.S. 110

(1925).................................................................16, 17

Christensen v. Harris County, 529 U.S. 576

(2000).......................................................................19

Commissioner of Internal Rev. v. Brown, 380

U.S. 563 (1965)........................................................30

Commissioner of Internal Revenue v. Schleier,

515 U.S. 323 (1995)...............................11, 31, 32, 33

Commissioner v. Banks, 543 U.S. 426 (2005) ............12