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Federal District Court, Order on Governments Motion in Limine Re Internal Revenue Services Authority to Collect Personal Income Taxes

Federal District Court, Order on Governments Motion in Limine Re Internal Revenue Services Authority to Collect Personal Income Taxes

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Published by briley

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Published by: briley on Feb 16, 2008
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09/27/2012

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UNITED STATES DISTRICT COURTDISTRICT OF NEW HAMPSHIRE
UNITED STATES OF AMERICAv. Criminal No. 07-189-GZSDANIEL RILEY, JASON GERHARD andCIRINO GONZALEZ,Defendants
ORDER ON GOVERNMENT’S MOTION IN LIMINE RE: INTERNALREVENUE SERVICE’S AUTHORITY TO COLLECT PERSONAL INCOME TAXES
The Government has filed a Motion in Limine requesting that the Defendants beprevented from introducing evidence that the Internal Revenue Service (“IRS”) does not have thelegal authority to collect personal income taxes. (Docket # 157.) In its Motion, the Governmentstates that at trial it will offer the testimony of Deputy United States Marshal Jamie Berry to,among other things, describe the prosecution of Edward Brown and Elaine Brown and thecircumstances under which federal warrants were issued for the Browns’ arrests. TheGovernment further asserts that Deputy Marshal Berry will explain that the Browns allowed anumber of people, including the defendants, who shared their belief that the IRS lacks theauthority to collect personal income taxes, to enter and remain in their home for varying periodsof time while they (the Browns) were fugitives. This testimony is admissible and necessary toprovide factual background to the offenses that are charged in this case. Defendants haveobjected to the Government’s Motion to exclude them from offering evidence on the IRS’sauthority to collect personal income taxes, stating that they will seek to introduce such evidencegoes to Defendant’s state of mind or legal position with respect to the “legal authority to collect

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