[wirlwind]

Just thought I would update everyone about my husbands tax hearing that we had today. We didn't get a decision, but we definitely got some responses. We met with the Administrative Law Judge and the lawyer for the AL Dept of revenue, the court reporter and I think someone from the IRS. The judge started by clarifying that we didn't think that we had to pay taxes, and wanted to know why. I sited the facts that we didn't see anything that we felt made us liable for income taxes. The ;lawyer then asked us how we got there and of course we said we drove ( and I knew where he was going with this- why does everyone who wants to justify income taxes always site roads as being the reason for income taxes?) and he asked how we think the roads were built, anmd I said not by income taxes but by exise taxes, property taxes and sales taxes, and he scratched his head. He then said, so you aren't against all taxes just income taxes and I said no that we paidproperty and tage taxes and sales taxes, but we had never volunteered to pay income taxes. I then pointed. The judge didn't seem to know too much about the case. I then said that I wanted the evidence of the dummy return struck as it didn't meet FROE, and then the judge started shuffling through papeers and galncing at the lawyer who continuesd to scratch his head with a ballpoint pen. The judge then asked me how it didn't and I pointed out that the tax return had not been signed by anyone, and therefore wasn't a valid contract and couldn't be admitted as evidence, and by this time judge is glaring at lawyer and lawyer is about to dig grey matter out of head with a ball point pen. Judge is then asking lawyer about where he got the evidence for the figures used on the dummy return, and lawyer says from the IRS. I object to evidence from IRS on the grounds that it is hearsay because there is no notarization, no signature, no affadavit, or deposition, and that those figures could have been pulled out of thin air and they didn't meet the FROE. Judge glaring and lawyer digging. Then lawyer says,"Well, the information from the IRS was hearsay (YES!), but maybe, well it might meet be admitted under the rules of exception." More glaring and digging. " I then pointed out to the Judtge that CPN for full amount was tendered on 4/26/04, and there had never been a response to that. I had to point it out to the judge- more glaring and more digging- and then I asked if he had gotten my motion to dismiss, and he hadn't- lawyer had it and gave it to him then- more glaring and digging. Judge then said he had a lot of information that he had to go over, and he would review it and we would hear something in about 3 weeks. We stood up and I thrust my hand at the Judge, looking him right in the eyes, and he thanked us for coming and then I turned around and did same thing to lawyer and he would not look me in the face. My cousin and her husband went with us and she said that that lawyer dug in his head the whole time with a ballpoint pen. I'm sure they will rule it as frivolous, but I did get my evidence admitted. We all felt it went pretty good , and actually it went better than I anticipated. I want to thank every one here-Ice, Jerseee, SJ, KT, weishaupt and all the rest that have offered suggestions and prayer. It's not over, but I feel that we may have made some progress. And in this one step forward is somewhat of a success.



They may come back at us the next time loaded for bear. But I'm going to be studying more and try to be ready for them.



Donna