Not a defeat, but not exactly victory

[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

[weishaupt1776]

[color=black][b]Awesome job, Donna. I would like to know more about your research material of which you derived some of your ideas. You don't sound like the same Donna we heard from a few weeks ago. I don't believe I would've handled it as well. Sounds like the Lord was with you the whole time, He's the best defense attorney money could NEVER buy.

[husky2kawi]

BRAVO, DONNA!!!!!

I applaud you!!

Pam

(P.S.--I got my green card back from the reply letter I sent the IRS, we'll see what comes next.)

[wirlwind]

Weishaupt,

Thanks. I agree, I feel my best defense was the Lord being with me (and I know that this isn't the religion section, but i feel that the Lord's presence was a big part of this). Most of my research material came from here and lawwork. The thing that Ice (thank you Ice) had on objections was very helpful. I don't think that they were prepared for me to object to anything, and also the FROE here on SJ were very helpful. I objected to all of their evidence because it didn't meet the FROE. So if the judge is fair, he will have to throw out their evidnece(all of it) and rule on what is left which are my letters, CPN, and the letter that I sent this past week which was something I found by Clyde Hyde on lawworks. So we will see. It was a motion for dismissal. Anyone that would like a copy of what i used (motion for dismissal )can PE me.



Pam,



Good luck on your letter to the IRS. That is my next thing to deal with I gues (ugh!). I think I'm going to try to get myn land patent filed this next week. It seems like it never ends.



Donna

Wow, GREAT READ. I am so proud of you!!!!!



WAY TO GO! I am so inspired!



HB

[suijuris]

Donna,



Thank you for making use of the resources available here and sharing your results. Keep up the good fight and keep us posted please.

[charlesa6]

Donna

Good job! Keep us posted.

[wirlwind]

Something else that I thought about yersterday, is that the lawyer for the Alabama dept of revenue didn't object to anything that I had submitted as evidence such as the CPN and the motion for dismissal. If he doesn't object, doesn't that mean that it stands? And if I objected to all of his evidence, then doesn't that mean that the only evidence that the judge can make a decision by is my evidence? I may be wrong, but I got to wondering about that. It makes sense. Just a thought....



Donna

[wirlwind]

Another thought- when I made the objections to the states evidence, the lawyer didn't argue with my objections except to say that although the evidence from the IRS was hearsay that he thought it might meet the rules for the exceptions. Any thoughts?

[Ice]

Your observation that it was "hearsay" ... the fact that you brought this issue before the court makes it an "appealable" issue... if the judge allows it then object all the way to "interlocutory appeal".



Good job.



Ice