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  #191  
Old 10-18-2004, 08:18 PM
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rushpat rushpat is offline
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California FTB (franchise theft board)

Darn, I was hoping for more from it. Oh well, mine is on order from LRG, if they ever get around to shipping it. They advertised another DVD called "How to dig up Dirt on Anyone" or something like that about how to use the PRA and other methods. Here's the link:



___DVD___





An update on my FTB situation: Another 5 page letter arguing against every tax protestor argument in the world showed up again today. The only difference I saw is that the name, Leslie R, has been removed. Now, there are truly no names on it anymore.



I'm thinking of sending it back, and putting them on notice that they've now violated the FDCPA twice in their continuing efforts to collect even though they haven't provided certified verification of the alleged debt.



In this letter, they deceptively put in a word about a case called Lonsdale vs Commissioner. They sum it up by saying that all forms of compensation are considered taxable income. True to form, they screwed it up (probably intentionally), as that case was an argument against the 'wages are not income' argument, and don't address the fact that the person must be engaged in a taxable activity (hence the reason it is an EXCISE tax).



They also slyly state that "No contract between you and this department is required for the administration of the personal income tax laws". We no DUH! They can administer their laws all they want. But a contract IS required when they want to deal with ME!



They carefully put the word individual in quotes in one section. Covering their rear end?



Then they prattle on and on about section 861, sovereigns, etc. They even do mention later that tax liability is dependent on contracts, etc.



They then get to the point by saying that my "contentions" are the same as those before. All I asked was for them to follow the FDCPA and provide certified verification. They claim that I must rebut their assessment. Guilty until proven innocent. They haven't rebutted a single affidavit I've sent.



They did slightly amend it at the end and included a statement that, until a 1999 tax return is filed, that their assessment is corrrect and penalties will apply.



They then urge me to seek an attorney licensed by the state BAR (wow, I'll bet they'd really help), and not to depend on evil tax 'resistor' groups.



Well, no name on it this time. They are hiding behind anonymity.



This gets refused for cause without dishonor here soon, along with a long list of how they defaulted last year on proving that I had a liability to file. They've also defaulted this year by not provided certified verification of the alleged debt and are in violation of the FDCPA. I'll remind them that this makes twice now that they've continued to try to collect after Default and note that the law allows for $1000 max per violation.



I'll also send along a PRA request for several items, which will increase what they owe when they refuse to respond.



I notice that this is supposed in answer to something I sent in July. Either they are as slow as molasses, or they treat my file like a hot potato and just pass it on.



This ride is coming to an end soon. I'm studying up on lawsuits sans a lawyer. Maybe a nuisance suit will get them to leave me alone, since the matter is already settled through their continued default.



Comments?

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  #192  
Old 10-19-2004, 08:53 AM
jmunson
 
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California FTB (franchise theft board)

all i can say is: go rushpat go!



jon
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  #193  
Old 10-20-2004, 11:43 AM
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rushpat rushpat is offline
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Join Date: Oct 2004
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California FTB (franchise theft board)

Just as I'm going to send this latest one back, refused for cause, with warnings of FDCPA violations, plus a boatload of PRA requests, I get a Notice of State Tax Due from those guys. Apparently, different departments are sending this stuff out.



The one I was responding to was the FILING ENFORCEMENT division, and this one didn't have a subgroup name. It was just a notice for money, a return envelope for a check, and all sorts of warnings about how they can lien property and attach wages if I don't comply. Sorry, if my ALLCAPS name doesn't comply.



So, it starts over again. Another 72 hour reply, rejecting their offer of performance for all manner of reasons.



I do have something new to add to my PRA request list though. Their penalty code translates to them thinking that I had incorrect info on the W-4 form, so now I'll get them to produce the info they used to determine this.



I guess I'd better contact my bank and employer to find out if they'll follow the law and not withhold money without a court order.



Thanks for the moral support guys.



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  #194  
Old 10-20-2004, 07:35 PM
Tora
 
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California FTB (franchise theft board)

I'll also send along a PRA request for several items, which will increase what they owe when they refuse to respond.



They will respond, but probably late. They were almost 60 days late responding to mine, which is well beyond the time mandated by legislature for government agencies---I could make them liable for monetary penalties to me if so choose to pursue it.





So now there is no name on their form letters, huh.... well, well... what a bunch a crooks..



Rushpat, I know you're win this fight!!! I just know it....









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  #195  
Old 10-21-2004, 04:42 PM
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rushpat rushpat is offline
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California FTB (franchise theft board)

Thanks Tora!



Hey, do you have the code section of the CA law where it gives the penalties for the lateness or nonresponse to PRA requests?



I'm going to add about 3 or 4 more PRA requests when I send by the response to this new notice tomorrow.



They are now down $3000 against me for 3 violations of the FDCPA. A few more of these, along with a few PRA violations, and they'll owe more than they are trying to get from me. I just need to know how to bring a lawsuit without a lawyer (studying up on this now).



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  #196  
Old 10-21-2004, 07:28 PM
Tora
 
Posts: n/a
California FTB (franchise theft board)

Rushpat, go to the followingwebsite and read about the CA PRA. http://www.thefirstamendment.org/capra.html



You would have to file lawsuit and then do a motion for statutory damages, expenses and attorney's fees.



I bought a FOIA lawsuit manual from the Freeenterprisesociety.com (Wayne Benston $35) for the wording I need for a PRA lawsuit - the court's jurisdiction paragraph would need to be changed to Government Code section 6250 et seq, but the words in the manual would be the same for a CA PRA lawsuit.



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  #197  
Old 10-22-2004, 11:36 AM
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rushpat rushpat is offline
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Thanks for the update, Tora. I'll see if I can get that one.



I've just returned from the Post Office, delivering the newest notice back, refused for cause without dishonor. This time, I've added language stating that they haven't made a link between me and the ALLCAPS name they've been addressing. I made a separate PRA request, with only 5 items. The previous was 17 items, so that they are really going to be loaded down with stuff which will only be used against them.



I was just there 2 days ago sending back another one, from a different department. The guys at the Post Office take one look at me and get the Registered Mail tape out. They tried to talk me out of it today, telling me that Certified would be just fine, but I continued to press them on it. I don't know why the hesitation. It was only a few $ difference.



Anyway, the FTB has violated the FDCPA 3 times now with attempts to collect without certified verification, so the theoretical damages there are $3000. Add to that the $1000 per PRA request dishonor which I expect them to do, and that's another $2000, so we are almost even on what they say I owe, plus what they will owe. I wouldn't be surprised to see more notices come out which will tip the balance in my favor. We'll see how this works out in a lawsuit if they don't leave me alone.

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  #198  
Old 12-01-2004, 09:26 AM
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rushpat rushpat is offline
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Another update... a new notice "Notice of Income Tax Due" was sent, still no name or signature. Still popping out of a computer on a timed schedule. Sent back, refused for cause, etc, etc.

One thing that struck me, was that this looked just like a credit card bill. I don't know why, but that just struck me as strange. Didn't know why I hadn't noticed this on the previous one.

Coming to a head soon, I think.
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  #199  
Old 12-01-2004, 12:26 PM
Libertarian Libertarian is offline
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Quote:
Originally Posted by rushpat
Anyway, the FTB has violated the FDCPA 3 times now with attempts to collect without certified verification, so the theoretical damages there are $3000. Add to that the $1000 per PRA request dishonor which I expect them to do, and that's another $2000, so we are almost even on what they say I owe, plus what they will owe. I wouldn't be surprised to see more notices come out which will tip the balance in my favor. We'll see how this works out in a lawsuit if they don't leave me alone.

Does the FDCPA apply to them? Are they considered a "debt collector" or an original creditor?
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  #200  
Old 12-01-2004, 01:09 PM
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weishaupt1776 weishaupt1776 is offline
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Yup, the IRS restructuring Act from '98 says that they are supposed to. They don't follow their own law anyway because they have more guns than you. As soon as you say FDCPA, they say M-16.
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