California FTB (franchise theft board) - Page 11

#**101** 04-18-2004, 08:01 PM

one should also examine the "Dictionary Act" - USC 1 for definitions...

jon

#**102** 04-18-2004, 11:16 PM

I was reading the Cornforth book and saw the following: 
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Many still believe that the IRS must have a judgment or warrant to take money or property. What does 26 USC 6331 in the annotated say about the IRSâ€™s authority to take money or property?<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o

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To have standing to sue the United States for IRS misconduct, administrative remedies must be exhausted. Administrative remedies:<o

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& 1. Dispute the tax obligation<o

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& 2. Mitigate damages<o

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3.& Request a refund.<o

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I wonder where Mr. Cornforth got his information. I didn't know that exhausting your administrative remedies&meant you had to request a refund. I don't think many people know that either. 
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Dispute letter
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Samuel L. Adams&& 
1111 New Road
Anytowne, Oklahoma 73000
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Mr. Robert E. Wenzel, Commissioner
Internal Revenue Service
1111 Constitution Ave. Room 3000
Washington, D.C. 20024
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Dear Mr. Wenzel: Re: Dispute of â€œtaxâ€ obligation owed.
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& I am again in receipt of suspicious demands. Since these papers do not bear a signature and are not accompanied by validating documentation, I have no means to evaluate their integrity. I object to those under your direct supervision sending me threatening letters without clear identification of who sent the letter and their authority to do so. To enable me to determine whether the threatening letters are frauds, I request that you send me an assessment for each of the following years: 19xx, 19xx, 19xx, 19xx, 19xx, 19xx, 19xx, 19xx, and 19xx. If I do not hear from you within thirty (30) days of the verifiable receipt of this letter disputing a tax obligation for the years in question, I will reasonably conclude that there are no assessments for the years referenced and shall expect your internal investigation to determine who violated laws by sending the threatening letters and will also request a refund from the treasurer.
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Thanking you in advance for respecting my right to DISPUTE A TAX OBLIGATION,
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Samuel L. Adams
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May 20, 2003
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Request for refund
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Bettie G. Healy â€œtaxpayer Identifying Numberâ€ 000-50-0000
Box 549
Happy, Texas 79000
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John Snow<o

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U.S. Treasury
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220 <o

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Dear Mr. Snow:<o

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I request that you refund all sums taken from me for â€œtaxes.â€& Since agents purporting to represent the treasury have repeatedly refused to document and verify that I am a taxpayer owing a tax, I am without a means to know how much of my money your agency has taken, for what alleged years or anything else. Since I am deprived of a means to know what your representatives want, I am simply asking that you refund all sums taken from me.<o

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Thanking you in advance for respecting my rights,<o

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Bettie G. Healy<o

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rushpat · #**103** 04-19-2004, 09:23 AM

Quote:

1. Dispute the tax obligation
2. Mitigate damages
3.Â*Request a refund.

#1 - Could asking for their authority and asking them to prove my liability be the same as disputing the obligation? I don't know, the dispute of obligation sounds defensive in nature. I prefer the offensive posture.

#2 - How do we do this?

#3 - How can I request a refund when they haven't gotten anything yet?

Thanks for the help, Tora!

#**104** 04-19-2004, 02:54 PM

rushpat, I don't know what Cornforth is talking about.

The sample letters he provided aren't going to get you anywhere.& You will not get the assessments&requested in the first sample letter because&copies of assessements need to be&requested via FOIA.

I suppose if you have a refund coming to you, you should ask for it, otherwise,&you're right, how can you get a refund when&they&didn't take any out?

Even Cornforth's comment about IRS not being required to&get a court order is WRONG.He is not an authority on taxes, that's for sure. &

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nralien · #**105** 04-19-2004, 07:05 PM

rushpat, tora, the forum

If hindsight is worth anything there are three things I would have done differently in handling the FTB:

1. When I received my first communication from FTB "FINAL NOTICE" for Balance Due $ I should have included in my response some kind of demand that the person from the FTB identify themselves.

Does anyone have some good language for such a demand?& Is there any laws, codes or "Act's" that require such?

2. The Affidavit of Default would have gone out the day after the 21st day, not counting day of service.

3. Immediately after sending my response to the COLLECTION/INFORMATION NOTICE from the FTB (which of course would include the Affidavit of Default and notice of intent to file mail fraud) I would have gone to USPS and file mail fraud charges.

Which brings me to my next question.& Could I file mail fraud charges against FTB 21 days after that first FINAL NOTICE?& That is, after I complete and have notarized my Affidavit of Default it is fact that they sent a fraudulent bill.

Might be a deterent.

Tell me the FTB or the IRS is not exempt from mail fraud.

nralien

rushpat · #**106** 04-19-2004, 07:49 PM

Yes, technically your affidavit would be considered truth unless rebutted by another affidavit, and I don't think the FTB or IRS or other BB groups dare use those.

I'm not sure of the steps to force the revealing of a name in the FTB. My guess is a suit against the whole FTB with the specific goal of revealing the one who is sending these would be the obvious place to start. I feel sorry for the poor soul they throw to the lions for following their orders. Oh well, they should have gotten a more respectable job.

You should check the USPS site for the info on mail fraud. You might even ask the people at the local branch how you can find info on this. Maybe even a paralegal could help you with this or the suit to get a name from the FTB.

nralien · #**107** 04-19-2004, 08:11 PM

rushpat

Good advice and the USPS has an online site.& As usual you are all over it and all over the forum with great input.

nralien

#**108** 04-19-2004, 10:24 PM

nralien, I don't know if the notices the FTB sent you would be considered fraud since they sent those notices to an address which was presumed to be an address in the District of Columbia. 

Title 26 UCS Sec 7701 (a) (39) "PERSONS RESIDING OUTSIDE THE UNITED STATES--If any citizen or resident of the United States does not reside in (and is not found in) any United States judicial district, such citizen or resident shall be treated as residing in the District of Columbia for purposes of any provisions of this title relating to (A) jurisdiction of court, or (b) enforcement of summons."

In other words, if you don't "reside" in a "United States" judicial district, you are presumed to reside in the District of Columbia and be therefore subject to the "exclusive legislative jurisdiction" of Congress. 

Therefore, if congress says you must pay income taxes (which they can legally require for federal employees and resident of the District of Columbia), you must pay.& No matter that you live in Texas, Florida or Nebraska, or have never even visited Washington, D.C..& If you don't reside in a "judicial district", you are presumed to be a resident of Washington, D.C., subject to Congress' every whim and denied the protection of any state or U.S.A. constitution. 

So how can you prove you live in a "judicial district"?

First, simply say so on your mailing address.& For example, a proper "non-resident" address would be:

John Doe&

Ninth Judicial District

c/o 1234 Main Street

San Francisco, California, state (NO ZIP USED!)

Second, file an affidavit that declare you live in a "judicial district".& 

Third,&send to the postmaster where you live which states that you will only&receive mail as stated in the enclosed affidavit (after it is recorded with the&county recorder).

#**109** 04-20-2004, 12:27 AM

Quote:

Originally Posted by jmunson

one should also examine the "Dictionary Act" - USC 1 for definitions...

Hey, Jon....

Well, I thought I'd have a look-see:

Title 1, Chapter 1, Sec. 8.

Sec. 8. - ''Person'', ''human being'', ''child'', and ''individual'' as including born-alive infant
<A name=8.a>(a) </A>In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words ''person'', ''human being'', ''child'', and ''individual'', shall include every infant member of the species homo sapiens who is born alive at any stage of development.
"Every INFANT member"?& But not us old-type "persons"?
Now THAT would be too cool!
So only "infants" are required to pay income taxes? Well, that's what it would mean, right?
Randy

#**110** 04-20-2004, 12:29 AM

Quote:

Originally Posted by Tora

Title 26 UCS Sec 7701 (a) (39) "PERSONS RESIDING OUTSIDE THE UNITED STATES--If any citizen or resident of the United States does not reside in (and is not found in) any United States judicial district, such citizen or resident shall be treated as residing in the District of Columbia for purposes of any provisions of this title relating to (A) jurisdiction of court, or (b) enforcement of summons."

So how can you prove you live in a "judicial district"?

First, simply say so on your mailing address.& For example, a proper "non-resident" address would be:

John Doe&

Ninth Judicial District

c/o 1234 Main Street

San Francisco, California, state (NO ZIP USED!)

Second, file an affidavit that declare you live in a "judicial district".& 

Third,&send to the postmaster where you live which states that you will only&receive mail as stated in the enclosed affidavit (after it is recorded with the&county recorder).

Hey,& Tora....

That particular section has always driven me&nuts!

Aren't YOU the clever one?!

Randy