Reply to Order

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.trialforlife.info www.justtalking3.info www.trialoflife.info

United States of America

commissioner of the internal revenue

dated: 2/5/13

Case 11108-12L

Response to: order and order of dismissal and decisions

IT IS, clear deliberate and real: that the foundation of law does not give to any government employee, the right to consider nor the authority to apply his or her own version of rules/ to discard democracy or its foundation which is the constitution of this USA.

If you do not obey the constitution. If you do not protect and defend this people from all attacks. If you suggest that crime in the courts as is consistent with this trial, and the refusal to abide by tax rules that allow depreciation for a work truck. If you use the people as your own slaves, servants, or your personal damn piggy bank. Then you have betrayed the purpose of your work, and corrupted the foundation of your authority.

THE FACTS ARE, when not intentionally covered over by rules:

1. That the United States of America is a democracy, and that means we own the nation as we the people. That means the foundation of our law, and our authority over those allowed to govern us as our employees: is the constitution of this UNITED STATES OF AMERICA.

2. The failure to protect, defend, and obey constitutional law: is betrayal to and of this people. That is the reality called treason, only when it is so prevalent, and so corrosive to the elemental demand of democracy that is WE THE PEOPLE OWN, this nation. That it threatens the very fabric of our ability to rule ourselves by constitutional law. These rules as so stated, are that treason. Because they hide and are intended to hide: corruption in the courts.

3. The elemental truth of constitutional law is: THAT THIS, IS THE FOUNDATION OF ALL LAW, and there are NO JUDGES, and NO RULES that can overrule/ deny/ discount/ or destroy their authority over the judiciary and the court systems of this UNITED STATES. The constitution is law, and must be obeyed as written/ and no rule has a say, no rule has a right, and no judge has an authority to discount, deny, or destroy the essence of our democracy which is constitutional law.

4. Proven by irrefutable evidence, and foundations that cannot be denied, nor have they been in any sense. Are the courtroom cases which build to this test of democracy itself. Both state and federal; some are. US SUPREME court cases are 08-1339; lawyers for the nation 11-100 lawyers for the nation; And this extra ordinary writ; blockade all denied. But not a single word, to undermine or contradict the foundations of democracy used to bring these cases to trial. Each as is this one refused, by such words as "nonsensical writings".

5. The promise to this people that has been applied to nearly every case IS: that we the people, each and every citizen SHALL BE GUARANTEED THE RIGHT: to petition a legal (for every amendment is law, and all law has a courtroom) HEARING. For the purpose of addressing the need for an accounting to the grievances against our government employees: established in trial. Because that is "the right of the people". It is our government. Not yours. Our government means all the people have a say, and all the people have a right, and all the people share in that ownership of society itself. Not yours means: when you are employed, by a job; it is the owner who gets to decide what is or is not proper for you to do. Together we share the responsibility called a wage. Or more clearly IF YOU DON'T do the work that is required of you/ even if you do something else. You DON'T get paid. Because that is not what you were hired for. We decide. We the people did decide, as is constitutional law. We the people DID GIVE INSTRUCTION as to how our government employees should choose the direction of the nation; so that we could go on with our lives. Within the preamble of the US constitution itself.

Again: "That document says, our employees must reach for this, because this is what we the people choose": 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". That is the job you were hired for. The rest of the constitution established what you can and cannot do.

6. I asked for a redress of grievance trial as guaranteed to me by the first amendment. I asked for a jury trial, granted under the constitution 7^th amendment because the money they demand/ the penalty they suggest at $25,000. MORE than establishes a right. The amount stolen from me already is roughly $14,000.00. Not owed/ taken by criminal actions that discard section 179 of the tax code (I believe) introduced in 2011, as an improper means of stealing the next years work, for the purpose of an election. Regardless of that. The originating $8500 dollars or so of 2005 tax, withheld to demand redress of grievances. Because I am NOT allowed to be heard, OR to take my government to court/ they must take me. And money is the only thing they worship. Therefore it must be money that demands a courtroom and a trial. That amount is roughly equal to the price of depreciation owed to me for a truck, used entirely for business. As to penalties and interest: I demand that constitutional redress of grievances MUST BE OBEYED. And must nor only work for the law that is owed to me/ spent thousands of dollars demanding the law that is owed to me/ but risk very substantial penalties and more in the process for what is OWED TO ME. That means I owe you nothing, for demanding my rights. Because a court case to demand constitutional rights should not need to exist. That is betrayal of this people, an invading army who changed our nation to suit themselves, "with rules". And lies: they do know exactly what I demand/ and there is NO MERIT to the claim a constitutional law cannot be obeyed. That is fundamental treason, even to suggest it, in a courtroom of law; much less an order of the court. And the clear conspiracy of judges throughout the court system absolutely determined to destroy our law, by pretending it does not exist. Or discarding it with rules.

7. Any assumption that a tax court is not the foundation for a LEGAL CONSTITUTIONAL DEMAND FOR GUARANTEES TO BE GIVEN TO ME. Is a lie. It is the perfect place. Because you want our money/ and we want our constitution to be obeyed, our ownership to be recognized, and our lives to be informed about the various realities that are important to our society, and even our world. There is no law that overrules the first amendment of the US constitution; it is guaranteed. There is no right given in the 16^th amendment: that allows it to overrule constitutional guarantees must come first; or you have committed treason. Because we do grant the authority to collect taxes/ because we demand our nation, and its constitutional law shall come first. You cannot deny to me any law, guaranteed: without committing treason against this people. That is an act of war against this democracy.

8. Any assertion, that the rules of a tax court, the intent to collect without obedience to the constitution itself/ overrules my guaranteed right is a betrayal of this people. I demanded a jury, so that according to the foundation of democracy: when it is clear that our employees have failed, or are unwilling or unable to accomplish the job before them. IT IS OUR RIGHT to assemble peaceably together/ and to build therefrom, the necessary consensus that determines OUR NEED TO INTERVENE IN OUR GOVERNMENT, The legal right to demand an accounting for what is going wrong. We own this nation. We own the right to hold an accounting of our employees that work for us. We own the courtroom, and we hire and we can fire those whose job it is to guarantee: the law of our democracy SHALL overrule "rules, and other nonsensical writings" that bear no merit in contrast with the constitution itself. We own the future of our democracy: WE ARE THE OWNERS, AND WE HAVE RIGHTS. AND WE ARE HORRIBLY THREATENED WITH EXTINCTION. Your children have been raided, and their money stolen; enslaving them. Those who battle democracy itself/ to demand they are the rulers; with, or because of their rules: instead of us. Are found to be traitors, because they are at war with our purpose as a nation so declared: TO RULE OURSELVES, by law! The foundation of all law IS the constitution of this USA. THERE IS NOTHING, that defeats it, unless we the people change that document. It rules/ NOT the court, NOT the judge, NOT any damn rule or other excuse for avoiding the authority of democracy over our employees. Our law rules over you/ you do not rule over us, or our law. The constitution rules over everything in America. And not one single word to the contrary has ever been written in any courtroom case presented by me, or denied by a judge. Which means they know it is true. But conspire to deny our right of ownership, which is democracy revealed as WE THE PEOPLE do rule here.

9. I am fined, penalized, ridiculed, and threatened by those who believe they are the rulers of this nation. In direct defiance of democracy itself which demands WE RULE OURSELVES, by law. That is corruption/ because I demand the guarantees so described shall be given to me; and not only the courts, but the leadership as well say NO. Court after court says NO a constitutional guarantee shall not be given/ nor is ANY FINDING whatsoever applied to that constitutional guarantee to prove it is not so. The court hides the law, never admitting to one single word that is "constitutional". Instead, they hide behind "nonsensical and worse"/ and they remove me from court; many destroying evidence as they go. That too is a crime. Neither is there a single word, denying arguments made by me; instead they hide behind such things as " deluged the court with reams of"; so they don't have to offer the law, or democracy established, or justice revealed.

10. ABSOLUTELY NONE can argue, that our very world in not in danger by the actions of our employees; and their decision to believe that they can bring the same fire here, as is on the sun. The national ignition facility, is an accurate name; and every day they experiment hoping to ignite that fire. Which means, TIME IS NOT on our side anymore. It is a one time experiment, unless their theory is perfect; and it is absolutely stupid, nonsensical, and without merit; as has been proven by me. NOT with a diploma. With the disciplined understanding that must be achieved in order to accept we can or cannot do this; the risk is too high. THAT IS ACHIEVED, BY CREATING "an ancestry tree" so to speak. Establishing by simple concept, exactly what can or cannot go wrong. In the case of a fire from the sun: the only thing you need to know is/ IF IT DOES NOT extinguish itself. There is absolutely nothing we can use to extinguish or control it: so the entire planet dies. There is absolutely NO REASON OR EXCUSE with merit than can even come close to saying: "We can risk every life on earth/ JUST because we want too". That too is a lie. You DON'T have this right/ or you must let the people decide for themselves. AS IS THE SUBSTANCE AND CLAIM UPON WHICH RELIEF CAN BE GRANTED. The court lies, and the judge hides behind rules and rights he does not own. Legal treason is proven true.

11. The religion called evolution has invaded our government "establishing their own religion". Evolution has no proof other than adaption/ and adaption is the sign of "perfect design" and NOT in any circumstance of thought, or intellect, can it be assigned to purely accidental. That means it is without proof entirely/ and has been made the cause or acceptance of why: THE MUTILATION OF EVERY LIVING THING ON THIS EARTH: OUR ENTIRE NATURE BEING DESTROYED. Is allowed, for their religion. Let them prove, by establishing the reality of life which is: YOU NEED EVERY SINGLE PART AT THE SAME TIME, including the food resources, a brain, and everything else: to survive. Or you die. Let them prove reality/ OR THIS DEMAND IS: they SHALL immediately stop crucifying life on earth, or be condemned as terrorists. How is that not fair: prove you have a right, an no damn shit-hole chart will do. OR STOP.

12. WE ARE CONFRONTED WITH THREATS for an entire world, by the reality of experimentations, and the critical reality of what happens, IF WE DO NOT IDENTIFY AND INVESTIGATE THOSE THREATS, until it is clearly proven we are too late to stop anything now. These are NOT small threats, they are extinction, and extermination for a planet threats that will not go away just because you fantasize you can play god. Or for most who say: "Well I, will be dead by the time these things happen" so I don't care. Judgment says: CONDEMNED. Because you earned it.

13. The excuse, that I have deliberately delayed payment or have no right to demand that threats such as these WILL BE EXAMINED FOR TRUTH, by "a court such as this". IS A DELIBERATE LIE. The oath of office is at its essence, ..."to the best of your ability, you shall preserve, protect, and defend the people of this UNITED STATES through its constitution." That means to demand that threats of extinction, the end of life irregardless of their understanding of physics, biology, or religion: is not substantive and a legal use of this courtroom. When the entire nation is at stake: constructs perjury, and identifies treason. When you know a terrorist is "building death for us all"/ YOU ARE REQUIRED to inform, investigate, and examine that reality for its truth. That is the law/ the judge fails. AS TO; the excuse used "I delayed for the money"/ MY WHOLE LIFE PROVES, it is blatantly not so. Another lie.

14. These courts and these judges ridicule: my legal demand "for constitutional law to be upheld". Yet they file not one single word, in recognition of a constitutional guarantee, and why I shall not receive that guarantee. Because in so doing: they open the door for all manner of litigation/ that shall attack and become the avenue of making redress of grievances: a true democracy for this United States of America. By taking the power to govern/ the power to control our employees: and giving it to ourselves. Instead of ruled/ we then become democracy unleashed: within the confines and meanings attributable to the constitution itself. That is clearly and without doubt: the decision to deny WE THE PEOPLE, our democracy. That is a conspiracy examined and proven throughout the court system of this USA and this state of IL; and it is traitorous. We own the nation. We bought and built this nation with our lives, and our sacrifice, and our money. WE ARE THE GOVERNMENT HERE! And those who deny that fact, are traitors, to democracy itself; and to this people.

Signed JAMES FRANK OSTERBUR

ENTERED: FEB 05, 2013.

The reality of "the rich/ the proud/ and the powerful" NOT wanting to allow democracy for this nation, or this world: Will prove "the gestapo" is at the door. Because this does challenge their money, their pride, their power to control, and their future to be "enormously rich"; and they hate that!

Remember this: I am irrelevant, to these threats: they are yours, and you must fix them.

But YOU ARE, "millions to one"/ and CANNOT BE STOPPED. If you use the law: you will own democracy for yourselves. Only you, can change what must be changed. USE THE LAW, fight with more only when absolutely necessary. Let the women decide, because they know, "the law is their only true defense". Accept what is true, identify what is true, establish what is true: and take control over your world. It is "the only way to survive"/ because this is the best both men and their universities did do: and we are one step away from extinction. But remember this: we are so many people on earth today, that neither life, nor nature, not even the planet; will not allow for games anymore. No more "winner or loser"/ no more money rules everything. CHOOSE JUSTICE, DEMAND LIFE MUST COME FIRST; or you will die, far sooner than you think.

Regardless, The people are warned: IF YOU FAIL TO ADDRESS THE THREATS that clearly establish your extermination from this planet: "the gestapo, will seem like friends/ HELL (insanity unleashed) is coming. Armageddon(chaos in nature) is coming. The biblical "lake of fire" is the same fire as is on the sun here on earth. The apocalypse: bloodshed beyond belief/ will arise, as insanity increases in a nation filled with guns. "Who is on your side/ the answer is, trust no one"; or "shoot them all". Because bankruptcy and the treason of hiding inflation by calling it debt: is a sinister crime, that allows the few, to rob the rest, "with nothing more, than counterfeit money". You cannot compete with that, as is clearly proven true today.

This is your last, and only chance to change the future that your own evidence provides. Not because I say so/ because the evidence proves it is true. Search and understand: USE YOUR OWN BRAIN, and verify what you are told, as best you can. Wake up or die.

YOUR EMPLOYEES OWE YOU A JURY/ AND REDRESS TRIAL:

To decide for yourselves, what the future shall be!

GO GET IT! The rights and the law and the reality are here.

CHOOSE!

This court, hides behind closed doors. This court denies my due process of law, to contest and demand the constitution must be obeyed. This court removes the constitutional demand of amendment 7; a jury trial; and calms itself enough to remember, "the amount matters". Judge for yourselves, if the law as is democracy in action; was obeyed. If the people were protected. If the nation was defended against all attack.

Remember this as well: all judges, particularly at the upper levels, are given their positions because they protected the rich and powerful/ NOT because they choose for the people. That means "someone else, behind closed doors" pulls the strings. I am now done with this courtroom, and will pay the extortion when it comes do/ reminding "you the people": it is your debt now. They are NOT, worthy of any more time, money, or effort. You have your chance to do better.

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:. Placing the parcel, in the US postal service/ as prepaid mail on the date of 2/06 / 13

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

the FBI the Federal Bureau of Investigation 935 Pennsylvania ave NW Washington DC 20535-0001

THE PRESIDENT OF THIS UNITED STATES Barrack Obama 1600 Pennsylvania ave NW, DC 20500

the US ATTORNEY GENERAL OFFICE US dept of justice 950 Pennsylvania Ave NW DC 20530-0001