Liberty and justice for all United States persons abroad

The Isaac Brock Society

We are now preparing for the 2016 FATCA IGA Charter trial in Canada Federal Court

Posted on by Posted in Issues regarding US persons abroad 2,207 Comments

UPDATE SEPTEMBER 19, 2015: SEE ALSO DISCLAIMER AND LITIGATION UPDATES.

[This post, which began in May and having over 1000 revisions and 2000 comments, is being retired from service and updates. It lived through the success of reaching a total of $500,000 in donations from our kind, dear supporters who had little money to give, the hope and disappointment with the summary trial decision, and the certainty that we are now finally moving on to the Charter trial.]

CANADIAN CHARTER TRIAL UPDATE:

— We have instructed the Arvay team to prepare for the “Constitutional-Charter” trial. This means that our focus now, as it was in the beginning of our lawsuit, is on the Charter trial.

Unless there is a new expense in the future that we have not anticipated, the monies from your donations will be sufficient to take us through the “constitutional-charter” trial in Federal Court. However, to pay other legal bills we will need additional donations from our supporters, and a request for donations will appear on another post soon.

OUR LITIGATION HISTORY:

One year ago, on August 11, 2014, Litigator Joseph Arvay filed a FATCA IGA lawsuit in Canada Federal Court on behalf of Plaintiffs Ginny and Gwen, the Alliance for the Defence of Canadian Sovereignty (en français), and all peoples.

Because of a Government delay we initiated a “summary trial”, using a portion of the arguments, which offered the possibility of preventing private banking information from being turned over to the IRS before September 30, 2015. See Alliance’s Claims, our Alliance blog, and AUGUST 4-5 SUMMARY TRIAL FILINGS in LITIGATION UPDATES.

2,207 thoughts on “We are now preparing for the 2016 FATCA IGA Charter trial in Canada Federal Court”

  1. “I know that you are tired and more than maxed out because of your constant support. I will not ask for any further donations unless it becomes necessary and not until after we have the summary trial decision. Only then can we determine the next steps to be taken, and the costs that might be involved” I understand this statement but let me say this. I am not tired and will not rest until human rights, and full justice for the innocent are completely restored in Canada. My father in law became a Canadian over 6 months ago and was lied to when he attended his “citizenship” ceremony. A Canadian RCMP officer told him that as a Canadian, he had full protection provided by our Charter of Rights and Freedoms. This is a complete LIE as his protections cannot be enforced as the government stripped him and everyone in Canada of their rights when the “court challenges act” was abolished. Stephen Harper has Committed TREASON and I so wish we could enforce the punishment for that. I will not rest until we are CANADIAN again!

  3. @ NativeCanadian

    And we will all be Truckin’ right along beside you dear one.

    We can all rest the day after the victory champagne party in Past Beyond!!! (You’re all invited….I am planning on it for next summer).

  5. Thanks for letting us know, bubblebustin, and giving us the link that tells us more about his life and contributions. The news of another gone before knowing the outcome of his and our contributions in the fight for justice for *US Persons Abroad*.

    Rest in Peace, Mark Pinetree / Marcio Pinheiro. You would have been glad to see us reach this milestone.

  6. @bubblebustin, I am so sorry to hear of the death of Markpinetree. I had wondered for a very long time how he was. I miss/ed his posts, and those of others who are no longer with us – Arrow, and Roger Conklin and probably others whose names I never knew. I used to look for specific icons and my heart would lift when I saw they too were posting or online – their presence, among that of many others here like yours, kept me company during very dark hours and into the night – and kept me going when things looked bleakest. I owe him and the rest of those here a debt. I hope these issues did not weigh so heavily on him in the end as they did at the first. If so, that is yet another useless and undeserved injury that the US is responsible for.

  7. @ Bubblebustin
    That is sad news about Markpinetree. Thank you for finding that wonderful tribute to him. For someone who gave so much comfort to so many it is utterly shameful that the U.S. FBAR/FATCA would take so much peace of mind away from him. This is Dr. Marcio Pinheiro’s submission to the Ways and Means Committee (April 2013):

    I am a dual citizen. I lived and worked in the USA thirty years and I am very proud of being an American Citizen. About ten years ago I decided to come back to my country of origin. Now, 80 years old and with failing health I regret having become an US citizen.
    I had an USA CPA doing my US taxes until 2008. He never told me about FBARS. I learned about them by chance when visiting my two daughters and son who live in the USA. Since then my life has become a nightmare. I have spent sleepless nights trying to comply with the demands being placed on me and the threats of stiff penalties that do not apply to Americans living in the mainland. I have spent a lot of time and money trying to find out what I should do to comply.

    My situation has become so impossible that I don’t know what to do.

    I have no representation. Because my country of origin has neither a tax treaty nor a Social Security equalization treaty with the USA I am required and have been paying SS Self employment Taxes to both countries, earning nothing in return. I cannot claim a credit on my USA tax return for the double Social Security tax I pay in my country of origin. Also I have a pension in my country of origin from my working here. In this country this pension is not subject to tax so I don’t pay income tax to my country on this pension. But the USA taxes me on this pension. In this country I also have some savings, the earnings on which are not subject to tax so do not pay tax here on this income. Yet I have to pay taxes to the USA on this income.
    It seems to me that I have now three possibilities: return to the USA with my failing health using my Medicare and Supplemental Insurance, renounce my citizenship or stop work altogether. I can’t afford to pay this much tax to two countries.

    Mind you that I have never invested one cent of what I earned in the USA in my country of origin. I have savings and tax shelter plans the USA which I will never bring to my country of origin. They will stay with my son, daughters and grand daughter who are Americans and live in the USA. On the contrary I frequently send money earned where I am now to them in the USA.
    When I heard about Amnesty to Americans living abroad who did not know about FBARS I thought that I needed to do was to start sending my FBARS to the Treasury Department. But this was not the case. I was being threatened with penalties for not knowing about them. I felt that the amnesty was a trap set for me which was very unfair. I am glad to know that Nina Olson, Tax Payer Advocate, does feel the same way.

    I think that the USA, as all other countries in the world, should not tax its citizens who live and work in a foreign country. We are not the same as Americans who live in the mainland who hide investments in foreign countries to avoid paying taxes. Yet we are being placed in the same category: one size fits all, when it does not.

    If the USA continues to tax Americans living and working abroad, which no other country does to its citizens abroad and which I do not recommend be continued, they must simplify the paper work, give more support for us, allow us to have representation in the US Congress. They should not tax our tax free pensions received from working in the other country (as it is now they tax in certain countries unless there is a tax treaty which specifically excludes them from taxation, and not in others if there is no treaty). They should allow these Americans to chose to contribute or not to SS self employment taxes to one or both countries but not obligate those living in another country to this double Social Security taxation. And there are more suggestions to be made so that we all can remain proud Americans living and working in another country.

    Thank you
    M. Pinheiro

  8. Hats off to all the Brockers. We did it! Raised 100,000. and it was no small feat. I have positive vibes for the outcome. I just know we’ll do well. Martineau will get this monkey off our backs!

  9. May you rest in piece Mark Pinetree / Marcio Pinheiro. We will carry the torch now for you my friend. You will always be with us. May the IRS stay out of your family’s affairs.

  10. @ nervousinvestor
    RE: Wild Coot — I got a link here to your comment posted there. Maybe it was too long and it would get through in 2 or 3 parts.

  11. I’m very sad about Marcio. But, I’m angry too.

    Marcio told some of us in an e-mail a couple of years ago when he was in the hospital that he felt many of his health challenges were caused by the IRS issue,

    How horrendous that this wonderful man was robbed of joy, health and peace of mind in the final years of his life after giving so much to so many in two countries.

  12. I have been away from home for days on end, so I haven’t had a chance to say anything about this amazing milestone we have hit. This is a load off my mind and congratulations are in order for all of us who have been fighting for so long to get this far. Thank you everyone in Canada and around the world for sticking together and digging into your pockets in support of Ginny and me and the ADCS team in this endeavour. Whatever happens next, we cannot give up the fight!

  13. I feel the same as you, Blaze, about Marcio. He shared so much of himself with us.

    Marcio Pinheiro took the time to make his heartfelt submission to the Ways and Means Committee. US legislators didn’t then and still don’t care what this is doing to people (or care about their other priorities more!) — all in the name of the US unjust citizenship based taxation law. It is similar to our country, Canada, agreeing with the US definition of our local Canadian financial institutions, for us as *FOREIGN financial institutions*. As far as I’m concerned, the effects of FATCA and US CBT shortened, stressed and devalued the lives of Marcio Pinheiro, Roger Conklin and Don Whiteley’s (Arrow).

    How many other lives have been or will be shortened in the agony of this EXTRA-TERRITORIAL IRS ISSUE in their / our final years?

  14. Whatever happens next, we cannot give up the fight!

    And, we won’t, Gwen and Ginny, for you — and, today, in honour of the lives of Marcio Pinheiro, along with Roger Conklin and Don Whiteley before him.

  15. If our lives are shortened by this, it’s “self-inflicted”.

    I believe you and Ginny deserve a great amount of the thanks here, Gwen. Your role continues.

  17. Scroll to the very bottom of any Brock page, and just above the CyberChimps counter is a list of links to profiles on some Brock participants.

    Markpinetree is one.

    The post it links to is a good read. Extensive 2012 discussions between markpinetree and Roger Conklin.

  18. Thanks, for pointing us there, Shovel — both those who were around then as a review of that discussion and for newcomers who never saw the commenter, *markpinetree*.

    The rage upon reading this will be real.

  19. This is amazing! Although it was bound to happen. Just like the birth of a baby. The rest of the life has yet to come.

  20. Congrats to all and warmest thanks to those in the thick of this fight who offer both treasure and time to the cause. I agree about a press release and suggest a full court press on NDP and Liberal candidates who just might have to govern in an NDP minority. Murray Rankin, Charlie Angus, Nathan Cullen, Scott Brison and others whose names escape me, should know about our victory and the summary trial proceedings. If pigs take flight in October, and the NDP form a minority gov’t. then I can see some very sympathetic MPs getting cabinet positions…Nathan Cullen for sure and probably Charlie Angus. We can hope, and lobby! For you international folks, there is more than a good chance for a change in gov’t. in Canada, and maybe someone who actually listens to us , the mouse that is beginning to roar!

  25. @CBTisLARCENY I have done just that. I have made appearances at the NDP and the Liberal campaign offices here in St Thomas and have appointments to go over my issues. I just saw on the London news last night that Conservative signs are being set on fire on people’s lawns in the area.I guess the cons appaer to have others angry at them, sheesh!

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