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Congress REPEALED PMRS in 1993, but that "System" still shows in the current IRM's Delegations of Authority!!!

Subject:
Congress REPEALED PMRS in 1993, but that "System" still shows
in the current IRM's Delegations of Authority !!!


Here are the KEY POINTS to remember:


(1)  Congress initially created the Performance Management and Recognition System ("PMRS")
and Delegations of Authority implementing same were published in the Internal Revenue Manual ("IRM");


(2)  almost immediately, that "system" became so widely abused, EVEN CONGRESS was offended!


(3)  so, Congress REPEALED PMRS in 1993; and, between 1993 and 1998,
the IRM had absolutely no legal force or effect:  WE CHECKED:

http://www.opm.gov/perform/TerminatingGMInstructions.asp

http://www.supremelaw.org/letters/kozinski.htm


(4)  however, the Delegations of Authority which had been placed in the Internal Revenue Manual
were NOT removed after Congress repealed PMRS!!  Here, see for yourself the IRM page which
I just downloaded again today:

http://www.supremelaw.org/irm/part1/irm_01-002-045.html  (search for "to the President" !!! )

Also find in a Delegation Order dated: "(10-16-1992)"

" to approve Performance Management Recognition System Cash Awards for covered employees"


(5)  those facts then implicated the Anti-Kickback Act of 1986, which was still law after 1993:

http://www.law.cornell.edu/uscode/uscode41/usc_sec_41_00000051----000-.html
http://www.law.cornell.edu/uscode/uscode41/usc_sec_41_00000053----000-.html

§ 53. Prohibited conduct

It is prohibited for any person—
(1) to provide, attempt to provide, or offer to provide any kickback;
(2) to solicit, accept, or attempt to accept any kickback; or
(3) to include, directly or indirectly, the amount of any kickback prohibited by clause (1) or (2) in the contract price charged by a subcontractor to a prime contractor or a higher tier subcontractor or in the contract price charged by a prime contractor to the United States.



http://www.law.cornell.edu/uscode/uscode41/usc_sec_41_00000054----000-.html

§ 54. Criminal penalties

Any person who knowingly and willfully engages in conduct
prohibited by section 53 of this title
shall be imprisoned for not more than 10 years
or shall be subject to a fine in accordance with title 18, or both.


[end quote]


(6)  now, for the first time the RRA98 did give the IRM legal force and effect -- in 1998 --
BUT the underlying Act of Congress had already been REPEALED,
thus totally nullifying the Delegations of Authority which originally
implemented PMRS and which had been published in the Internal Revenue Manual
when PMRS was first created
:

THUS, after 1993 there was NO LONGER ANY AUTHORITY TO DELEGATE!



So, if IRS and DOJ are using this REPEALED "AUTHORITY" to award each other to the
tune of $25 GRAND PER INDICTMENT and another $25 GRAND PER CONVICTION
-- and expressly targeting "illegal tax protesters" with these attacks --
they are doing so IN BLATANT VIOLATION OF THE ANTI-KICKBACK ACT OF 1986
and the IRS Restructuring and Reform Act of 1998.  IRS employees can (and should) be terminated
and imprisoned for 10 YEARS!!


--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
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February 8, 2011 in Current Affairs | Permalink