Charles C. Cook v. Raymond A. Spillman, Internal Revenue Service, the Federal Reserve Bank Corporation

This matter is another of the many suits, prosecuted by disgruntled taxpayers, that neither advances the law nor serves any purpose save to clog the court’s dockets, waste judicial time and cause protracted delays in worthy litigation.

Cook, the appellant, is no novice in the field. Thrice previously, as well as this time, his dogged efforts to defeat and over turn the income tax laws have been judicially declared frivolous.

The keystone of Cook’s principal argument, that the Sixteenth Amendment was never ratified by the requisite number of states and that the Secretary of State committed fraud by certifying that the Amendment had been duly ratified and adopted and was last repudiated by this court in United States v. Stahl, 792 F.2d 1438 (9th Cir.1986); thus, Cook’s numerous variations on the fraud theme are, in consequence, totally unfounded.

As to Cook’s attack on the Federal Reserve System and his argument that notes so issued do not constitute taxable income, a reading of this court’s decision in United States v. Schmitz, 542 F.2d 782 (9th Cir.1976) (a criminal appeal), clearly shows that his contention is wholly frivolous.

Cook’s resort to the First Amendment of the…