Wednesday, April 6, 2016

Kelley Lynch's Electronically Transmitted Letter to the 9th Circuit Court Re. Their "Opinion" That Fraud Upon the Court Is Frivolous: SOBEIT

To the 9th Circuit,

Case Name:
Kelley Lynch v. CIR
Case Number:  

Thank you for your opinion.  I wholeheartedly disagree.  This is egregious fraud upon the court, theft, self-dealing, embezzling and so forth but I appreciate your insights.  I didn’t file the appeal document so it would be impossible to discern if it was “frivolous” or not. 

My opinion, on the other hand, is that our court system condones fraud, perjury, and criminal conduct. 

I won’t be appealing this matter.  There’s no point in addressing individuals who refuse to hold others accountable for their actions.

I do want to thank you for posting my fee waiver application online and exposing me to the ongoing criminal harassment by Bay Area lawyer, Stephen Gianelli.  Very generous of the 9th Circuit.

Kelley Lynch

P.S.  Please see the Sharmapa’s welcoming suggestion to individuals who view his own works as inaccurate or “evilly written.” 

If it is deemed by scholars to either be inaccurate or it is considered to be evilly written, then you are most welcome to treat my book in either of the previous ways mentioned. That is to say, you may ban the publication completely or parade it on the neck of a dog throughout the city.”

Docket Text:

Filed order (WILLIAM C. CANBY and EDWARD LEAVY) Appellant’s motion to proceed in forma pauperis is denied because we find that the appeal is frivolous. If appellant wishes to pursue this appeal despite the court’s finding that it is frivolous then, within 21 days after the date of this order, appellant shall pay $505.00 to the tax court as the docketing and filing fees for this appeal and file proof of payment with this court. Otherwise, the appeal will be dismissed by the Clerk for failure to prosecute, regardless of further filings. See 9th Cir. R. 42-1. No motions for reconsideration, clarification, or modification of the denial of appellant’s in forma pauperis status shall be entertained. Because the court has found that this appeal is frivolous, the tax court order may be summarily affirmed even if appellant pays the fees. If appellant pays the fees and files proof of such payment in this court, appellant therefore shall simultaneously show cause why the order challenged in this appeal should not be summarily affirmed. See 9th Cir. R. 3-6. If appellant elects to show cause, a response may be filed within 10 days after service of appellant’s filing. If appellant pays the fees but fails to file a response to this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. If the appeal is dismissed for failure to comply with this order, the court will not entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees and a response to the order to show cause. Appellant’s motions for an extension of time to file the opening brief are denied as unnecessary. See 9th Cir. Rule 27-11(a). Briefing is suspended pending further order of this court. [9930099] (WL)

Notice will be electronically mailed to:

Miss Kelley Ann Lynch
Mr. Gilbert Steven Rothenberg, Deputy Assistant Attorney General
Mr. William J. Wilkins, Chief Counsel
Sherra Wong

Case participants listed below will not receive this electronic notice:
Commissioner of Internal Revenue
1111 Constitution Ave., NW
Washington, DC 20224 
Robert R. Di Trolio
Clerk, U.S. Tax Court
400 Second Street, N.W.
Washington, DC 20217 

The following document(s) are associated with this transaction:
Document Description: Main Document
Original Filename: 16-70335.pdf
Electronic Document Stamp:
[STAMP acecfStamp_ID=1106763461 [Date=04/06/2016] [FileNumber=9930099-0] [a0d83d12b81e071a514cbe9a6e60af6172cca859d8e248e091b976bb8a85a9a255e9721d0d37769810e57bbd574edc37b9231f17726828ed1f8a7e381cf64ae7]]

This is a description of why it is appropriate for Buddhist teachers to write books and involve in any social work which is deemed good for society.

From the Time of Buddha until now, the curriculum of Buddhist study has been language (including all known spoken languages such as Sanskrit etc.), art (including painting, carving sculptures etc.), logic, natural sciences, social and political ethics, medicine, mathematics, world history, philosophy, mind science and meditation.

When one completes these subjects they were expected to write a book on any one of these topics. Then, other scholars would examine and critique the views espoused in their master thesis. Once one had passed the critique of other scholars, they would get the degree of a Mahapundit.

Accordingly, depending on how many subjects one had mastered, they would then receive particular umbrellas respectively. When one received an umbrella of peacock feathers, it indicated that they were a qualified pundit. When one received a gold painted umbrella, this meant they were considered a Mahapundit (a great Buddhist scholar).

All of these subjects were studied in order to write books or teach to the public for the good of the people. If a book was deemed a particularly evil book, then the government would put that book on the neck of a dog and the book would have been paraded throughout the city. If a book was considered to be not so accurate, they would just ban the publication.

The parading of the book on the neck of a dog has not been used for quite some time. However, the tradition of receiving criticism from other scholars has still been practiced up to the present day. 

According to the Buddhist view, writing a book is for the benefit of others. Therefore, they say your book must be logically accurate. If it is just your own thinking, and it is uncertain that it is beneficial for others, they say it is good to write in your own notebook but not fit for publishing, as it may mislead others. Otherwise, one can publish with the intent to have it scrutinized and validated by others for its accuracy.

Buddhist teachers can write books on politics, ethics etc., if it is deemed good for society. Buddhist teachers are not merely Tantric gurus who hold ritualistic bells in their hands and stand next to statues. 

Therefore, I wrote the book "Creating A Transparent Democracy: A New Model" for the good of society and only after I was certain myself that it was logically flawless and was needed for the world today did I decide to publish it.

If it is deemed by scholars to either be inaccurate or it is considered to be evilly written, then you are most welcome to treat my book in either of the previous ways mentioned. That is to say, you may ban the publication completely or parade it on the neck of a dog throughout the city.

Best wishes,
Shamar Rinpoche