heart-shaped stone

I found a heart-shaped stone the other day. I started crying when I saw, and I haven't stopped crying since.



In our culture, the symbol of the heart represents love. To a lesser degree, it also represents "heart," as in the courage of one's convictions. I.E., "To win, you have to have heart."



The "courage of one's convictions" is, I think, a rare thing these days. The people here at SJ have it by the truckload!



I've been battling Big Brother for almost five years. The agents, and agencies, don't matter. Put simply, I, as the rest of you, have been fighting for nothing more than truth and justice.



But to what end? To what purpose?



Here's what I know to be truth, as do the rest of you:

Our "government" is no government at all, but merely a "federal corporation."

There is no "money," but merely "notes of obligation."

We "pay" for nothing, but merely "discharge debts."

And the list is truly endless.



We are, as my nine-year old daughter said to describe all this, simply "playing Monopoloy." And that is the final great truth: All of us have been playing Monopoly all of our lives, pretending to buy stuff, pretending to have money, pretending that there is a government. And on and on, ad infinitum, ad nauseum.



What really changes if, and when, we win our individual battles? Nothing. This agency and those agents might be out of our lives, but behind him is a thousand more. It's an endless battle against endless agents. Only the battle, and consequences for losing, are real. Everything else is a war for, and of, illusions.



When I saw that heart-shaped stone, wedged tightly into the dirt after having been squashed by countless big-trucks, I realized something: To win is to lose, and to lose is to win. (This is an old Zen-thing, a Martial Art maxim I knew as well as my own name. It's something I forgot before drawing a line in the sand.)



This is why Big Brother will always, always win. It's the nature of the beast. It's by design.



Big Brother wins because the time and energy spent in these battles requires "heart," the courage of our convictions. And that's one less moment for "heart," the love we have for friends and family.



Big Brother wins because when we are openly being his enemy, he has our "hearts," our time and energy and attention.



What else could he possibly want? He already has everything else, because everything else is a lie and illusion. It's all just pretend. Our "heart" is truly the one thing Big Brother does not have that it wants more than anything else.



Why else such potential harsh punishments for not paying one's debts? Is it because the debt isn't paid? Of course not. It's because we "promised," and then we break that "promise." It's our allegiance he wants, our devotion, our time, our energy.



And nothing requires more time and energy than fighting these illusions. And every moment I've spent in this battle has been at the expense of time and energy, and love, I should have been giving my family. The heart-shaped stone reminded me of that.



The world of Big Brother is, as we all know, the world of lies.



The love of my family and friends, the sense of oneness felt among those of similar understandings and determinations--those are matters of "heart," of love, and that's the stuff of truth.



The heart-shaped stone reminded me that nothing else in this world is more important than a man's love. To love requires time, energy, devotion, and focus.



This is the one thing Big Brother can not have, not without my willing consent. He'll get no more of it from me.



Big Brother can have all the Monopoly money in the world.



He'll get no more of my love.



The heart-shaped stone reminded me of that.



Randy



So the previous will make sense:



Lisa and I received our "Notice(s) of Lien(s)" from the Viginia Department of Taxation this week. That means "time's up." Yes. It's tacit admission on their part this is no proof of debt, no proof of authority to collect, and everything all that all of us here know to be the requirements of "the law."



I have learned, by experience, what I set out to do, which was "win" this battle.



There were only two possible victories:

1) The agents run away after having been beaten, in a fair fight, in accordance with "the law," or

2) Documented proof that our government is a tyranny and that freedom and justice are just meaningless words.



Seems my victory falls under category 2.



Now it's time to admit defeat and move on.



(Here's the wink-wink: "He who fights and runs away lives to fight another day." They've won this battle. But no, the war is not over, not by a long shot....In fact, I'm grateful to Big Brother for reminding me of the greatest truth of all: Love. It'll be a different enemy Big Brother faces next time.)

Randy,



My prayers are with you, but actually, time is NOT up. I know you have to make your decisions based on your situation, so I am not busting your chops or anything. Just letting you know that it don't have to be over.



HB

[Ice]

Just as soon as they take something without a court order... they will be in the losers box. There is CASE LAW on your side. Ya see, we box with 'em for a few years... they never Prove their Claim... then they just TAKE your property.



That's their mistake.... <u>huge</u> mistake.

[Icesgirl]

That is one very beautiful story.





Hang in there Randy,

Remember what Will Smith said in the Movie

INDEPENDANCE DAY: " It's not over till the fat lady sings".



You got your victory cigar yet?

Folks,



Y'all's (Southern is easier to speak than write) responses ares exactly what I mean about truth verses the lies we know make up such a great preponderance of our lives. People I've never met in "real time" genuinely care. Can life get any better?



We all know the real reason BB is beating up on me, and so many others. It's simple: We dared to stop pretending that he had control over our lives. He doesn't care whether we know these things, or simply believe them. But he hates those whom he perceives dare act in defiance.



So, for him to take me seriously, I'm going to have to go back into his pretend world and play by his pretend rules. That means I'll hire one "brand" of agent (lawyer) to fight another. They'll listen to each other--just not me.



And that's okay because, at that very moment, eveything I've written, all the documentation--everything--starts to become matters of legal and judicial record. They will be confronted by one of their own. And they will have to listen.



The lawyer's job, as we all know, is to do nothing more for me than "cut me the best deal" she can. That's acceptable, for now, simply because even during that process, she's going to have to acknowledge their blatantly illegal means and methods, and they're going to have to do the same.



No, the ol' fat lady ain't sung yet, no way.



Again, thanks y'all, very much.



Oh, I gave the heart-shaped stone to our younger daughter....



Randy

[Ice]

Randy,

Check your e-mail.

Randy,



Everybody has defeats like this. It is part of what we do. Your feelings are valid and they are not wrong. However, I refuse to believe that somebody with your ambition and willingness to go this far, is going to give up now. In your post you said that it was a "notice" of tax lien. That is different then a lien itself, as I am sure that you know. We ca deal with this. We can still win.



I'll be thinking of you and your family.

Sara-Jane

Here's the way it works in Virginia:



1) This is the section which allows for the "Notice of Lien":



§ 58.1-1804. Collection out of estate in hands of or debts due by third party.

The Tax Commissioner may apply in writing to any person indebted to or having in his hands estate of a taxpayer for payment of any taxes assessed under § 58.1-313 or § 58.1-631,....



2) Both sections referened refer to "jeopardy assessments." I.E., without providing any documentation or proof, it has been determined by the Tax Commissioner that mine is a "jeopardy assessment," meaning I'm getting ready to skip town, sell all our stuff, etc.



3) VA Courts have made their position quite clear:



Present: All the Justices

FIRST VIRGINIA BANK v. Record No. 950149

OPINION BY JUSTICE BARBARA MILANO KEENAN

March 1, 1996 FRANCIS X. O'LEARY, ETC., ET AL.

FROM THE CIRCUIT COURT OF ARLINGTON COUNTY

Paul F. Sheridan, Judge



[T]he Department, pursuant to Code 58.1-1804, issued a "notice of tax lien and demand for payment" to the Bank to satisfy unpaid taxes owed by two taxpayers.



In contrast, judicial action is not required for the issuance of a "Notice of Tax Lien and Demand for Payment" under Code 58.1-1804 and -3952. These tax liens are administrative process issued by authority of the Tax Commissioner, under Code 58.1-1804, or by the "treasurer or other tax collector of any county, city or town," under Code 58.1-3952.



In these statutes, the person owing the tax is referred to as the "taxpayer," not the "defendant." Thus, while Code 6.1-125.3(D) requires the petitioning creditor to provide the clerk with a copy of the documents originally served on "the original defendants or judgment defendants," there is no party in Code 58.1-1804 and -3952 who can be identified by these terms.



4) And HERE is the so-called "remedy." THIS is the source of my rage and why even talking about this any more is like pulling teeth. Throw "burden of proof" out the window. Throw "due process" out as well. It doesn't exist, not here in VA...



§ 58.1-1825. Application to court for correction of erroneous or improper assessments of state taxes generally.

A. Any person assessed with any tax administered by the Department of Taxation and aggrieved by any such assessment may, unless otherwise specifically provided by law, within (i) three years from the date such assessment is made or (ii) one year from the date of the Tax Commissioner's determination under § 58.1-1822, whichever is later, apply to a circuit court for relief. The venue for such proceeding shall be as specified in subdivision 13 b of § 8.01-261. The application shall be before the court when it is filed in the clerk's office.

B. Except as provided in subsection C, the court shall require the applicant to pay the assessment before proceeding with its application upon granting a motion by the Tax Commissioner seeking to compel such payment and showing to the satisfaction of the court that the Department is likely to prevail on the merits of the case, that the application is (i) not well grounded in fact; (ii) not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (iii) interposed for an improper purpose, such as to harass, to cause unnecessary delay in the collection of the revenue, or to create needless cost to the Commonwealth from the litigation; or (iv) otherwise frivolous.



This is so damned unbelievable to me!

I am "allowed" to petition the court BEFORE paying, yes, it says that.

BUT

The Tax Commissioner has the legal "right" to go to court, BEFORE there is a hearing/trial/whatever, armed with the information and documentation *I* have supplied, in MY defense, and ask the judge: "Pssst. Hey, Dude. What are the chances we'll win?"



Is there one of us here who's battling tax-agents who has not been labeled a "tax protestors," that our actions are meant to "delay justice," and so on and so forth?



So then what happens?



The judge, already KNOWING my "defense," says, "Sure, little man, come on in here and sue those bad, bad tax-agents. Oh, but BEFORE I CAN HEAR YOUR CASE YOU HAVE TO PAY THE ALLEGED DEBT. Then, IF you win (wink wink fat chance in hell since I've talked to the Tax Commissioner), THEN you can TRY to get the money back from them."



I'm not an illiterate man and I have a decent vocabulary, but no words come to mind to describe this type of "law," one which requires the "punishment" (paying of an alleged debt) BEFORE there is a determination of "guilt."



Now, would you believe I can make this whold sordid thing even better? Watch.



Remember that we are dealing with an "administrative lien," no court action necessary, just a "letter" written by the Tax Commissioner. (I know, I know. "Tax Commissioner" means, in VA Code, the TC himself OR his delegate. Like THEY care abou that little detail. Been trying for four years to get proof of delegation....)



Back to "administrative lien."



This from the "Administration of Gov't" section of VA Code. Guess who is NOT bound by the law in this part of VA law?



§ 2.2-4002. Exemptions from chapter generally.



B. Agency action relating to the following subjects shall be exempted from the provisions of this chapter:



1. Money or damage claims against the Commonwealth or agencies thereof.



See? On the one hand, they have the "administrative" power to write a "notice of lien." On the other, and with full legal sanction and approval, they are not bound by any "adminstrative" remedies.



There's my dilemma. There's my enemy. I've got to concede this battle in order to continue the war.



Okay. Let's call it a day, right?



Randy

[Ice]

I really don't care what Virginia law states. Virginia recognizes the Constitution as the Supreme Law of the Land. Now, you either believe that your liberty, freedom, rights and property are protected and guaranteed by the Constitution or you don't.



If you do believe -- then FORCE Virginia to recognize. Are the tax laws of Virginia "Constitutional"? Who, if not you, will challenge the constitutionality of those laws? Either the law is within the framework of the constitution or it is not.



Don't get me wrong, I do understand where you're coming from. I've been there. Sometimes it seems like an effort in futility. Only you can determine your fate. Only you can make the choices put to you. We all must choose the road we walk.



But, remember this: A notice of lien does not give anyone the right to take your property. They will still need a court order or your permission to take your property (like your wages). And any party that turns over your property to them without your permission or a court order can be held liable for damages.



Having said that, think on this: If we can't beat them directly then maybe we can limit their reach. If employers and banks are consistently held accountable for turning over wages/funds when no court order or permission is in place -- maybe, just maybe, the employers and banks would not be so cooperative with these tax collectors. And that would FORCE them to prove their claim in court... which has its costs. How much money are they willing to spend to collect the little bit they claim is owed? How many employers/banks will have to be sued to get to the point that employers/banks stop cooperating with the tax collectors? Who knows. But, if it happens more than once -- the tax collectors will start having problems. Oh yeah, they could change the law and make it a mandatory thing -- more unconstitutional law -- and they could make people think twice about living there -- and businesses might think twice about being there. It may take time, but Virginia can only hurt itself if it keeps going in the direction it seems to be going.



But you're the only one that can make this call. This is your battle. But let me give you this advice: If you ain't happy with the tax laws in Virginia -- MOVE TO ANOTHER STATE. You can be a driver anywhere -- lots of good company's to work for... even got a few good ones out this way.



'Nuff said.

Hey, Ice....



You'll love this (I won't post it--it's in my files somewhere, so make this a "trust me"):



Found out that '99, VA Tax hired a firm in Fairfax, VA (yeah, 'round here, that's the same as DC) to provide hardware and software for new computers and "system," AND consultation.



Here's how it was paid for:



VA Tax agreed that ALL "income tax revenues" collected for '99, '00, '01, '02, and '03 would go to this "outfit."



So, here we are, watching and hearing our governor whine and moan about VA's "budget crisis." And NOW we know why: For FIVE YEARS, ALL "income taxes" go for the tax-agents' computer system....



Anyway--here's an update:



Guess what I learned from IRS?



I don't exist! Right. I'm not in there computers. Okay, I was, sort of, and just as I expected, under a "business entity." Guy at the IRS said he'd never, ever seen anything so "screwed up." Me: "Duh."



Now, VA Tax: The Commissioner of the Revenue (to whom I was advised to go see, years ago, and did, and who admitted I had no business being in her office) learned something. She stood there as one of her people started digging around for information about me.



Knowing I hadn't filed for those years, Commissioner was shocked to see an "assessment." She learned, right there, that "her" agency and the IRS routinely "share" information. And, of course, she agreed with me that that was a big NO NO, NOT without written request by THE Tax Commissioner.



Victory? No. Except, as previously stated, I'm going to spend more time letting my family know how much I love them rather than battling a bunch of lawless dumbasses. (At least for now until both agencies have made written committments which I can challenge later!)



Vindication? Oh, how sweet it is! To have both agencies admit they were wrong and I was right. And for Lisa to sit there and witness it all.



The damnable part, of course, is that it doesn't matter. Okay, Ice, it matters to you and to me and to everyone else here.



But again. It ain't over. Trust me.



Oh, and this:



The "lawyer"? Yeah, "typical" lawyer. But y'all will love this. Okay, I did.



In her office is a poster of a painting of Clarence Darrow with a quote from him (which I haven't yet found online). Something to the effect of:



"If you think you'll find innocence and justice in court, you're wrong. A court is an arena where the only thing that matters is winning."



I told the receptionist I wanted one of those. She called for her boss (the lawyer) to come out. I asked the lawyer if she agreed with what was on the poster. She looked positively heartbroken--really! "Yes," she said. "I do. And that's a shame. But the only thing that matters any more is winning."



Oh, I'm rambling. Y'all go have a good evening. Gotta be up by 0400 tomorrow.



Randy