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[HEADER OF COURT]

Upon the annexed affidavit of [your name], dated ______, and the papers annexed thereto,

LET [name of IRS Agent] SHOW CAUSE BEFORE THIS COURT, at the courthouse
thereof, located at _____, on the ______ day of __________, 20_____, at 10:00 o’clock in the
forenoon of that date, why an order should not be made and entered:

Staying any further collections against plaintiff due to the fact:


1. That tax payers cannot be compelled by the IRS to turn over private and personal
property to the IRS, absent a federal court order.1
Defendant contends that the plaintiffs are a corporation or a small business and are
seizing private assets without a federal court order.
2. The Plaintiff is barred by United States Constitution from appearing as a sovereign
because the Plaintiff cannot recover in the capacity of a sovereign.2

If the IRS is attempting to collect an alleged tax owed then it is entering into the world of
commerce and it nor the United States can claim sovereign immunity. 3 The agent had a
legal moral duty to respond to the plaintiff’s correspondences and pleadings and by such
silence can only equate to fraud.4

3. The agent is in default of plaintiff’s administrative remedies, Id.

And, Granting such other and further relief as to the court may seem just and equitable/

ORDERED that service of a copy of this order to show cause and the papers upon which it was
made upon [name of IRS Agent] by first class mail with certificate of mailing at the Post Office
on or before __________________, 20_____, shall be deemed sufficient service thereof and it is
further;

ORDERED that opposition papers, if any, must be served by personal service at least two (2)
days prior to the return date herein and it is further;

ORDERED that pending the hearing and determination of this motion and entry of an order
hereon, LET all proceedings on part of the respondent(s), or any person acting on behalf of the

1
Robert L. SCHULZ, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE and Anthony Roundtree,
Defendants-Appellee, Docket No.04-0196 (2005)
2
Albert Lynn BARCROFT, Appellant, v. COUNTY OF FANNIN, State of Texas, et al., Appellees No. 06-03-00021-
CV, Decided: October 27, 2003
3
Bank of U.S. v Planters Bank [Wheaton 22 U.S.) 904; 6L. Ed. 24, and Clearfield Trust Company v U.S. 318 US
363 (1943)
4
United States v Burr 309 U.S. 242
respondent(s) including the attorney(s) and agent(s) of the respondent(s) and, if applicable, any
marshal or sheriff BE STAYED.

Dated: [date]

___________________________
[your name]

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