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Old 03-29-2004, 10:19 PM
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rushpat rushpat is offline
Mental Jujitsu
 
Join Date: Oct 2004
Location: Georgia
Posts: 722
Re:California FTB (franchise theft board)

Hey Tora,

Could you repost your original comment about the Privacy Act? It seems to have gone blank.


Anyway, here is something to look over concerning silence from the taxing agencies when we ask for authority or verification. Found this one in another forum:




"Silence can be equated with fraud where there is a legal or moral duty to
speak, or where an inquiry left unanswered would be intentionally
misleading. . . We cannot condone this shocking behavior by the IRS. Our
revenue system is based on the good faith of the taxpayer and the taxpayers
should be able to expect the same from the government in its enforcement and
collection activities."
U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden, 424 F.2d 1021,
1032;

"`Silence' is specious of conduct, and constitutes an implied
representation of the existence of facts, in question... When silence
is of such character and under such circumstances that it would
become a fraud...it will operate as an estoppel."
Carmen V Bowen 64 AT.932 or 64 A. 932 ???????????

I suspect this last one is the Atlantic Reporter, but not sure.



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