How to file an appeal

wirlwind · #1 09-27-2004, 07:50 PM

I have to file an appeal with the state dept of revenue regardfing a final order on a tax assessment that was done and we had a hearing about. I called tihe courthouse today to find outwhat Ineeded to do, and I was told that I would have to hire a lawyer! Unless I knew what forms to file, they couldn't help me. Does anybody ahve any idea what forms to file?

Thanks,

Donna

weishaupt1776 · #2 09-27-2004, 07:54 PM

[color=black][b]Have you tried Clyde yet? There are alot on that forum who have filed many different kinds of appeals regarding the IRS. I have yet to get to that stage.

wirlwind · #3 09-27-2004, 08:55 PM

I sent an email today. Meant to send it privately, but it ended up on the he forum. I rodered his Legal text zip file, and there are some appeals in there, but they don't look anything like the ones that m have seen when I put it in a search engine. I put in a call to Larry Becraft today also. But I got a message and it said to leave a message, and when the message thing caame on it said ti was going to end the call, and it did. I will try him again tomorrow. If I could just get him to help me with the paperwork for filing the appeal, and he is close enough that I could get tohis officeand get the paperwork, and take it to the courhouse and file it myself.

This is a state tax hearing and final order. We haven't started with the IRS....yet.

Donna

weishaupt1776 · #4 09-27-2004, 09:58 PM

[color=black][b]I respect Becraft very much, but he loses more than he wins. I know that the main reason is that we are dealing with thugs, but he operates in the statutory more than the common law. As Sovereigns, we need to do our best not to play with the code. We USE the code in the ANNOTATED statutes to point us to the Supreme Court holdings which cite the common law.

wirlwind · #5 09-27-2004, 11:44 PM

Becraft is very hard to get ahold of also. I found a form for an appeal to the Court of Civil appeals. Is that what this is? It says that it has to ahve a completed Civil Case Cover sheet attached. This was in the Alabama state forms. Does anyone know what a cover sheet is?

Thanks,

Donna

weishaupt1776 · #6 09-27-2004, 11:55 PM

[color=black][b]The first question is: Which court are you going to appeal? If the court rules that you checked are gonna be in that court, then you can ask the clerk there for examples, which you'll have to return. My buddy is currently trying that w/ the 11th DoA in Hotlanta.

wirlwind · #7 09-28-2004, 12:17 AM

I tried to find out something from the court clerk and she said that she couldn't tell me anything - what forms to use or anything because that would be practicing law. She was as uncooperative as anyone could be. She siad that if I didn't know what forms to use, then I woul dhave to hire a lawyer. This is supposed to be filed in district court. I don't see any forms that are for district court filings.

Donna

wirlwind · #8 09-28-2004, 12:46 AM

How do you find out which court to appeal? Come on you guys- I need some help here. I have absolutely NO IDEA what to do! I'll get my 4th star bumping this back up if I have to. Somebody said that if you aren't having fun with this then you are doing something wrong. Well, I must be doing something major wrong because I am definitely NOT HAVING FUN!!!.

weishaupt1776 · #9 09-28-2004, 01:05 AM

[color=black][b]You need to give us more info. Was the judgement in Tax Court, District Court, Federal, State, What? I am guessing that it might be the 11th district court of appeals.

wirlwind · #10 09-28-2004, 01:34 AM

It was a hearing in a Judge's office in Birmingham, AL. We had gotten an assessment from the state, and I was writing them letters asking for verification and jurisdiction, and they set up a hearing, and didn't respond to anything that I had asked about. They also should have responded back within 30 days, and didn't respond back until after 90 days. Anyway, I objected to their evidence, which was the tax return that they had filled out, but hadn't signed that it didn't meet the federal rules of evidence as being an unsigned contract. I also objectyed to the information that they got from the IRS regarding our income because it was an unsigned document with a figure that was allegedly my husband's income for that year. I had also sent a motion to dismiss which was denied because the judge didn't feel I had made my case. He disagreed with my objections to the info from the IRS. Anyway, he sent the Final Order and said that I had 30 days to file an appeal in district court. They, however, didn't prove that I was a taxpayer, even though I had asked them to prove it to me. I also sent them a CPN on April 26 of this year, and they never responded to that, and didn't in the final order. In other words, they have ignored everything. So that is where it stands. I have about 2 weeks to get an appeal filed-somewhere! Any information will be appreciated.

Thanks,

Donna