Wednesday, Feb. 10. 2 days to go before the teleconference hearing with this unconstitutional Kansas Court of Tax Appeals. NOTE: Due to length of this huge brief, I edited some of it on Feb. 12, 2010. Why? Because I can. tdus.
Since this is an important case that impacts all homeowners of residential property in Kansas, I just figured I would publish it in real time so you, a citizen of Kansas can participate in this process also. This is a draft version being prepared for a jury trial case currently docketed for April 30, 2010. This brief must be done 30 days prior to that date.
By effect and affect, this case more than likely, will finally be presented to the United States Supreme Court. This is the only place , where I can finally get impartial justices that are indifferent to the tax methods of the State of Kansas legislature; or alternatively, dumped on the 105 county governments, instruments of the state of Kansas.
Further, it is my hope this case will ultimately also help the citizens of around 47 other states that use this insane real estate comparables nonsense to take our money from us, devoid of fact or reality from us, we the people; without the guaranteed benefit of a jury trial.
Until such time as we restore the balance of power back to we, the people of Kansas, the state legislature of Kansas, through these various country governments will merely continue to raise our taxes until the state has all our money.
tdus
BEFORE THE COURT OF TAX APPEALS
STATE OF KANSAS
_____________________
IN THE MATTER OF THE DOCKET NO. 2009-8036-EQEQUALIZATION APPEAL OF
SCHERER, THOMAS E. FOR
THE YEAR 2009 IN
JOHNSON COUNTY, KANSAS
MEMORANDUM BRIEF OF THOMAS E. SCHERER
Questions presented:
Question 1: Does the Kansas Constitution state clearly, the right to a jury trial is inviolate?Legal Analysis: Absolutely.
Question 2: Is this new court, the Kansas Court of Tax Appeals prepared to conduct a jury trial?
Legal Analysis: Absolutely not.
Question 3: Is the Substitute for H.B. 2018 (2008) constitutional?
Legal Analysis: Absolutely not.
Question 4: Can an attorney merely ignore the Kansas statutes and do whatever she wants pertaining to an entry of appearance despite the requirements of K.S.A. § 60-205?
Legal Analysis: Absolutely not.
Question 5: Did the Johnson County Appraiser err, willfully, and intentionally, in determining the fair market value and residential property tax of Mr. Scherer's property?
Legal Analysis: Absolutely.
Question 6: Does the various counties in the state of Kansas afford and tax residential property owners fairly and by applying equal protection of the law related to residential property taxes?
Legal Analysis: Absolutely not.
Question 7: What are the odds of Mr. Scherer prevailing on Questions 1-6 above?
Legal Analysis: 100% with a margin of error of zero.
Argument Introduction:
Furthermore, this Substitute for H.B. 2018 infringes on Mr. Scherer's guaranteed Constitutional rights broadly including Mr. Scherer's inviolate right to a jury trial on claims of equity as guaranteed by both the United States and Kansas Constitution.
Finally, the real estate tax appraisal by the Johnson County appraiser of Mr. Scherer's residential property is not even close to the fair market value as defined by Kansas statutes.
Conclusion of Argument: Mr. Scherer should be declared to be the prevailing party in this appeal including a correct assessment of his residential property based on Kansas's statutory requirements. Mr. Scherer's prayer for relief and remedy should be granted.
- If this Substitute for H.B. 2018 is unconstitutional, then any subsequent order or decision by this court is moot and has no effect in law or fact……………………………………
- The appraisal of Mr. Scherer residential property by the Johnson County Appraiser is in error and not reflective of the fair market value of Mr. Scherer's residential property………………………………………………………………………………
- Mr. Scherer has met the requirements and demanded his constitutional right to a jury trial to determine questions of fact. That demand is not contested.
Table of Authorities
United States and Kansas Constitution and their respective Bill of Rights
United States Constitution, Art. I Section 2 "apportionment of taxes by the several states"………….United States Constitution, Bill of Rights 5th Amendment due process clause…………………………
United States Constitution, Bill of Rights, 7th Amendment right to a jury trial in claims of equity……..
United States Constitution, Bill of Rights, 10th Amendment, sovereignty of the several states……………
United States Constitution, Bill of Rights 14th Amendment, equal protection of the law clause………..
Constitution of the State of Kansas, Art. 2-Legislative, Legislative Powers……………………………
Constitution of the State of Kansas, Art. 11, Finance and Taxation, 1. System of taxation, (4) Revenue for current expenses: "The legislature (not the county governments as instruments of the state) shall provide, at each regular session, for raising sufficient revenue, to defray the current expenses for the state for two years."
Kansas Bill of Rights, 1. Equal Rights are a good thing, except in Kansas not so much, per horrible Senator Tim Owens.
Kansas Bill of Rights, 5.
Right to a jury trial . . . "the right to a jury trial is inviolate"………………..
Kansas Bill of Rights, it is the function of the legislative body to ensure funding………………..
Kansas Statutes and Bills Relied Upon
Substitute for House Bill 2018 (2008), amending various Kansas statutes……………………….K.S.A. § 60-205 Mandatory requirements for service of pleadings
K.S.A. § Fair Market value
Relevant Other Citations of Authority
Fisher, Glenn, "History of Property Taxes in the United States" , Glenn W. Fisher,Wichita State University (Professor Emeritus), @t http://eh.net/encyclopedia/article/fisher.property.tax.history.us (September 30, 2002). (accessed Feb. 3, 2010).Fisher, Glenn, "The Worst Tax? A History of the Property Tax in America" Studies in Government and Public Policy by Glenn W. Fisher,Wichita State University (Professor Emeritus), Regents Professor of Urban Affairs, Emeritus, at Wichita State University (KS) (excerpt from
Taxes and Politics: A Study of Illinois Public Finance and the Kansas Property Tax: A Citizens Guide @ http://www.kansaspress.ku.edu/fiswor.html. er 30, 2002). (Last accessed Feb. 3, 2010).
Federer, William J., The Interesting History of Income Tax, Amerisearch Inc. (Publisher, Copyrighted 2004). (Permission to use his book as a reference was obtained by Mr. Federer Jan. 23, 2010 at Edison College, Ft. Myers, FL, Lee County Florida GOP convention).
Statement of Facts
Stipulated facts agreed to by both parties:- Mr. Scherer was the residential property owner of the real estate property located at 7916 West 60th St., Merriam (Johnson County), Kansas.
- The legal description of that property is as follows:
- Mr. Scherer is a filed candidate for United States Congress, 3rd Congressional District for the election of 2010 with the Federal Election Commission.
- Mr. Scherer is a 100% disabled veteran, both honorably discharged and service decorated; based on both the standards of the Veterans Administration and the Social Security Administration.
The Kansas Bill of Rights, 5 provides that the right to a jury trial clearly states on its face the following:
6. Johnson County, Kansas is one of 105 county governments in Kansas.
Facts asserted and to be decided by a jury demand (Exhibits in support of facts alleged are marked where relevant, in each fact asserted in bold letters:
7. The county government is merely an instrument of the state of Kansas.
2. The Johnson County Appraiser's assessment stating the fair market value of that residential property was $97, 400 is wrong.
Summary of Argument
Argument Introduction (restated):
The Substitute for H.B. 2018 (2008) amending various Kansas statutes including the creation of this Kansas Court of Tax Appeals does not meet the constitutional requirements. Therefore, this Substitute is unconstitutional based on both the United States and Kansas Constitution and their respective Bill of Rights.
Furthermore, this Substitute for H.B. 2018 infringes on Mr. Scherer's guaranteed Constitutional rights broadly including Mr. Scherer's inviolate right to a jury trial on claims of equity as guaranteed by both the United States and Kansas Constitution.
Finally, the real estate tax appraisal by the Johnson County appraiser of Mr. Scherer's residential property is not even close to the fair market value as defined by Kansas statutes.
Conclusion of Argument: Mr. Scherer should be declared to be the prevailing party in this appeal including a correct assessment of his residential property based on Kansas's statutory requirements. Mr. Scherer's prayer for relief and remedy should be granted.
REQUESTED RELIEF AND REMEDY
- Mr. Scherer requests this court to declare itself and the Substitute for H.B. 2018(2009) as unconstitutional.
- Mr. Scherer requests this court to concur with Mr. Scherer's legal analysis as stated herein.
- Mr. Scherer requests this court to award Mr. Scherer costs incurred in appealing this ridiculous tax appraisal of his real estate property and find that this comparables nonsense is absurd.
- Mr. Scherer requests this court to grant this prayer for relief and remedy.
- In the alternative, Mr. Scherer requests that if this new court does not concur with the analysis herein, and determines this case should be either remanded or sent to the court the United States Constitution states explicating as having original jurisdiction, then this court should do that and not require Mr. Scherer to do so.
Thomas E. Scherer, Pro Se and as the Applicant
Candidate, United States Congress
3rd Congressional District
8000 Via Sardinia Way, Unit 5202,
Estero, Florida, 33928
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