You keep telling me there is no lien and I keep telling you it doesn't matter. It doesn't matter because you don't know how to do anything about it and they know it.
The courts juridiction is limited to do anything about it until the IRS and 3rd parties like the employers who transfer what's in your account into the IRS' account waive their sovereign immunity.
Article III. - The Judicial Branch
Section 1 - Judicial powers
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a COMPENSATION THAT SHALL NOT BE DIMINISHED during their Continuance in Office.
Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials
The judicial Power shall extend to all case, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to ALL CASES OF ADMIRALTY AND MARITIME JURISDICTION; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Only the Article III judiciary has the power to decide if that seizure was a legitimate process and there are no Article III courts! The way Congress gets around that is the remedy I told you about in the "Removal of Lien" thread. The district courts must first get a waiver of immunity by the maritime lienors otherwise they can not go behind the seizure and decide if it is legit or not.
Read these quotes from AreYouLostAt'C' and if you keep in mind that there is no Article III judiciary you will understand how the IRS gets away with it.
"The Supreme Court often quotes Benedict on Admiralty, and it seems that if the highest court in the land quotes from it, then we should take a look.
1 Benedict (6th Edition) section 17, p. 28:" As no court other than a court of admiralty can enforce, maritime liens, no other court can displace, discharge or subordinate them. Neither the State courts nor
the United States courts on their common law, equity and bankruptcy sides can divest, transfer to proceeds or adjudicate the maritime liens uriless the
maritime -lienors voluntarily submit themselves to the jurisdiction."
See 2 Benedict (6th Edition), section 275,pg. 119, 120: "But where a party discovers that … he has had no proper notice... and has thereby been deprived of property; or where there has been fraud of any kind … so that no regular remedy is left him, he may obtain redress by filing a libel of review. The subsequent proceedings will be the same as in any suit and the decree of the court will be such as equity demands. There is no corresponding provision in the Civil Rules.”
There is no legal way the IRS can get anything from you without you either giving it to them or without a court order. That alone won't stop them obviously. You must know how they are getting away with it.
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Originally Posted by PANICPASS
I'm talking specifically about withholding from your pay before they have a lien on your pay. The Withholding Certificate authorizes them to take from your pay without a lien. I realize they sometimes do take without your permission, but that is totally illegal.
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