State Taxes Again

wirlwind · #1 11-16-2004, 01:03 PM

Got a letter from Alabama Dept of Revenue. It was notice of intent to lein ro levy if we don't pay by the 11/21. Is there anything that can be done at this time? We have had a hearing and we have tendered a CPN (which we still have never received an answer about). We didn't appeal the hearing because we had to file a bond for the amount in question in order to file the appeal. There doesn't appear to be any judgement other than the answer that the Judge gave to our hearing stating that we failed to prove our case (that they hadn't proved jurisdiction and that the information that they used to make the assessment was hearsay from the IRS (an unsigned document with an amount on it). I don't have much time, and I don't know what else to do. I'm so sick of this I could puke. Any ideas would be greatly appreciated. I'm about ready to cave on this issue. I don't think that there is any way to win this. They are going to do whatever they want. I'm thinking about tendering another CPN, but I think they would totally ignore that just as they did the other one, and still garnish my husbands wages, or clean out his bank account.

Donna

weishaupt1776 · #2 11-16-2004, 02:32 PM

Check out one of my threads HERE Download the links & use as exhibits. Use the outline & omit whatever you need to & send it certified to the county recorder certifiede w/an affidavit of mailing. Show the difference between a lien & a notice of lien. Title it Notice of potential felony. find the misprison of a felony statute in title 18 & say that you are reporting a felony. Get their oath & bond number & send a copy as an attachment. The pointy is to tell them that they will erroneously be filing a notice of lien/levy as a an actual levy. First find out who records IRS liens, then set up an appointment with them the day that you send the docs to their office. Bring a Court reporter & make it look intimidating. Find out who their boss is. Send the stuff to the Clerk. All I know is that there are no wins, just damage control. Make an affidavit testifying as to the facts, also with the mailing. Put them on notice that you are fully prepared to take action on their bond if they record the notice of levy as a levy. Inform them of potential class action from the past 5 years of their misfilings

wirlwind · #3 11-16-2004, 04:13 PM

W1776,

thanks for the info. Got to get busy.

Donna

#4 11-16-2004, 04:40 PM

I was asking an attorney at work the other day about bonds and county clerks and he told me the county clerks have no bonds. I didn't ask about the county recorder, but my impression was that the County Recorder doesn't have one either. So you'd better find out if they have bonds before you start threatening to do something with respect to a "bond" that may not even exist.

weishaupt1776 · #5 11-16-2004, 04:48 PM

Appreciate the heads up, but I did say to get the bond number, so if there wasn't one in existence, then it would be pointless.
But the Clerk should have a bond, so if you submit the paperwork to them, you could hit 'em hard..

rushpat · #6 11-16-2004, 05:05 PM

KenG's IRS videos mentions that, in the case of those that do have bonds, and you inform them of the scam and threaten their bond, then you can sue for a small amount (less than $10k), and they'll usually settle out of court. Just a thought.

wirlwind · #7 11-16-2004, 05:44 PM

thanks to all for the info. Ifound some stuff on Robert Clarkson's website. Does any one know anything about him, or has anyone had any dealings with him or his group?

#8 11-17-2004, 04:59 AM

I have Robert Clarkson's book, and while everything in that book is true, none of that information will make IRS go away. There is probably one or two good sample letters in his book you could use regarding jurisdiction, and I did send one to IRS, but I wasted my money sending it certified mail - they ignored it.
Go to www.losthorizons.com and study Rick Henderickson's method. From what others are saying, it works.

File the kind of returns he recommends to the state of Alabama... even if you are not getting a refund he still recommends to file returns.

weishaupt1776 · #9 11-17-2004, 09:58 AM

Sister Tora, I disagree with filing returns of any kind. I forgot which case I read, but when one files a return, they are considered to admit a liability or waive jurisdiction. The Privacy Act on a 1040 gives the option of filing a statement. If you are playing "hit & miss" anyway for refunds, you might as well file a statement if at all. I plan on filing a letter of non-liability this Apr 15.

#10 11-17-2004, 04:22 PM

Brother Weishaupt, regarding non-filers, the following I took from the LostHorizon's message board forum, by Pete Hendrickson:

Hiding, and hoping to be left alone, is not the proper approach for Americans to take when dealing with their government. Nor is such behavior practical-- even if one is prepared to abandon principle and leave the heavy lifting to one's children. However much we may have forgotten about the lawful nature and limits of governmental power, that nature and those limits have been properly incorporated into the written law. See the material at http://www.losthorizons.com/tax/misu...non-filers.htm and read 'Cracking the Code- The Fascinating Truth About Taxation In America'.

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