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  #11  
Old 01-24-2007, 07:31 AM
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Point taken. Thank you.

If you file an appeal with any court the burden of proof shifts from them to you. Since the whole issue is a negative and it is impossible (or at least very very difficult) to prove or disprove a negative that means you loose... PERIOD.
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  #12  
Old 01-24-2007, 08:06 AM
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Quote:
Originally Posted by palani
Point taken. Thank you.

If you file an appeal with any court the burden of proof shifts from them to you. Since the whole issue is a negative and it is impossible (or at least very very difficult) to prove or disprove a negative that means you loose... PERIOD.
Then what is the alternative. If you don't answer the court order you lose. If you file an appeal you lose. I'm not sure if the burden of proof shifts to you. I just think you might just need to know how to deflect the attacks.
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  #13  
Old 01-24-2007, 08:45 AM
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I don't have any really good solutions. If you owe then pay and if you don't owe then don't pay. If you are wrong then someone will likely come along and inform you of this fact.

As a matter of principle always stay in honor. Arguing is not good because it places you automatically in dishonor. If you get a presentment of any sort it might be a good idea to answer it rather than ignore it. Answering is best done with a notary or at least two witnesses and send the reply by registered mail.

I have heard that conditional acceptance of presentments (an offer?) is not a bad thing as opposed to outright refusal to pay (dishonor). The condition could be: on submittal of signed and certified proof that this is a bona fide debt owed and that the person certifying these documents has an oath to a government of which I am a currently a citizen I will gladly acknowledge this debt and will make appropriate provisions to discharge it ... This seems like something a reasonable and prudent man might ask and does not seem unreasonable or argumentative.

I have been generally deemed incompetent to make legal decisions. The decision to pay or not pay a bill would seem to me to be a legal decision. The decision to file an appeal with an IRS or Federal District Court is also a legal decision which I am certainly not competent to decide.
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  #14  
Old 01-24-2007, 09:13 AM
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Outstanding answer

Quote:
Originally Posted by palani
I don't have any really good solutions. If you owe then pay and if you don't owe then don't pay. If you are wrong then someone will likely come along and inform you of this fact.

As a matter of principle always stay in honor. Arguing is not good because it places you automatically in dishonor. If you get a presentment of any sort it might be a good idea to answer it rather than ignore it. Answering is best done with a notary or at least two witnesses and send the reply by registered mail.

I have heard that conditional acceptance of presentments (an offer?) is not a bad thing as opposed to outright refusal to pay (dishonor). The condition could be: on submittal of signed and certified proof that this is a bona fide debt owed and that the person certifying these documents has an oath to a government of which I am a currently a citizen I will gladly acknowledge this debt and will make appropriate provisions to discharge it ... This seems like something a reasonable and prudent man might ask and does not seem unreasonable or argumentative.

I have been generally deemed incompetent to make legal decisions. The decision to pay or not pay a bill would seem to me to be a legal decision. The decision to file an appeal with an IRS or Federal District Court is also a legal decision which I am certainly not competent to decide.
Very good palani. This is more so the answer I was looking for. This is a very honest and truthful way of dealing with this type of situation. Thanks. And by the way I personally do not owe any money to the IRS. Just thought I put that out there. (Smiley face)
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  #15  
Old 01-24-2007, 01:37 PM
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Better Notice to irs

SPECIAL RESPONSE

On submittal of signed and certified proof that this is a bona fide debt owed and that the person certifying these documents has an oath to a government of which I am a currently a citizen I will gladly acknowledge this debt and will make appropriate provisions to discharge it. If the above conditions are not met in 10 days I will accept your default, will accept estoppel of said Claim and consider this matter closed. I remain an Involuntary Litigant in any action. I do not VOLUNTARILY permit anyone to usurp or change my rights, nor am I designating anyone to be a binding arbitrator in any disputes of rights or equity. If you have a Constitutionally valid claim, you must follow the Law, according to the Constitution.

Don't forget, if you go to court voluntarily you agreed to abide by the rules of the court. Among those innumerable rules is one which permits the judge to rule for PUBLIC GOOD. You paying taxes is good for the public.

Not legal advise, for educational use only
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Last edited by Dillon Hunt : 01-24-2007 at 01:46 PM.
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  #16  
Old 01-24-2007, 07:01 PM
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Quite so. Also consider mentioning laches.
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