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Originally Posted by brozer5
The MOTIVE of the IRS is simple: they are a collection agency and some of the OPERATIVES (employees) get BONUSES and INCENTIVES for collection.
Enough is not written about the MEANS for their crimes: the BAD GUYS use a subtle COERCION to get virtually ANYONE who you come in contact with to RAT YOU OUT and GIVE THEM YOUR FUNDS with nothing more than a form letter.
Example to the point: Years ago I had the interest from a CD being paid to a
bank account. One bright day I get a letter from the BANSTERS that about $1k had been turned over to the feds.
I hit the roof and went to the BANKSTERS office for the justification. They provided me with a form letter from the bad guys listing myself among about 2 dozen other people they were to snatch various amounts from.
The form letter had no signature, not even a supposed name of someone from whom this confiscation originated.
TO THE POINT:
Almost everyone in this matrix is terrified of the IRS: all may seem to cheat a little or are terrified of the ordeal of defending themselves if challenged. SO
the FUNCTIONARIES of commerce will do ANYTHING the ILLEGALS tell them to do!!!
What is missed by so many: The ILLEGALS get otherwise well meaning people
to committ CRIMES which are really ADD ONS to their original CRIMES.
Now where do we go? After the original acts. FOIA's etc.
I know of a person who was an 01 (not required to file). One day there's a notice of lien criminally filed in his county anyway. So far it's been found the 'AGENT' whose name appears on the 'notice' doesn't exist. Stay tuned...
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Hello, brozer5:
I think that you should consider suing the corporation and the individual that is responsible for signing over your earnings to the IRS. It usually only cost a few extra dollars to add an additional name to your suit. I feel that part of the reason to sue, regardless of the outcome, is to wake up those who are blindly following perceived rules, which in the case of the Internal Revenue Service (IRS (Snakes)) are wrong.
You will need to look for the Rules of Civil Procedure the court district that you are filing in. The resourses below may help. Otherwise, you may ask for this information at the court house that you file in. Just be aware that they may make an issue about giving any legal advice/information.
It would be nice to file for a jury trial, however, this often has a high filing fee (non-refundable?), and the court may require a high dollar amount ($50,000 or more) be at issue.
Along with your petition/plea to the court, you will need to file some sort of verification to support the petition. You may need to find the rule/code number and list it in your verification.
Of course, any documents that you want to include with your petition, should be included as an exhibit, i.e. Exhibit A, B, C, etc. This would include all useful correspondence between you, the company, and the IRS. This is to show that you have attempted to resolve this matter administratively, without success.
If you get the clerk of court to accept your petition, then you can wait for the company attorney(s) to file preliminary objections, usually failure to state a claim. If you have stated a claim based on the constitution you should be on firm ground, however, this is where the court will often dismiss the the case. If you want to pursue the matter you will need to act quickly.
The court should tell you how to cure your petition. Check the rules for time limits, usually you will have 10 to 20 days to respond.
Note that attorneys are not fact witnesses, while they may put in a apperance for their clients (the company) to avoid default, they cannot put in any evidence/exhibits that are not supported by a verification of the client. In most cases the attorneys will not do this, thus, they have no facts on record. Since there are no facts against your verified petition, it should go to trial. However, you must raise this issue if the court attempts to dismiss your case based only on the attorneys statment. The same is true if the attorneys do not bring fact witnesses to trial, which they sometimes will do.
Here are a few things for you to look at regarding your suit.
WTP Can’t levy without court order:
Schulz v. IRS
http://www.givemeliberty.org/RTPLaw...e2005-07-04.htm
Family Guardian, UNITED STATES v. O'DELL:
http://famguardian.org/TaxFreedom/Au...ellNo10188.htm
http://famguardian.org/TaxFreedom/CitesByTopic/levy.htm
IRS Enrolled Agent, Opinion Letter:
Quote:
"A 'Levy' requires that property be brought
into legal custody through seizure, actual or
constructive, and is absolute appropriation in
law of property levied on, and MERE
NOTICE OF INTENT TO LEVY IS
INSUFFICIENT" (Emphasis added).
[United States v. O'Dell, 160 F. 2d 304, 307
(6th Circuit 1947)].
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http://www.tax-freedom.com/opinion2.txt
More information:
It is the OWNERS, the billionaire "banksters" (not bankers, but financiers), that we must learn about.
http://www.wealth4freedom.com/truth/chapter2.htm
http://forum.suijuris.net/showthread.php?t=3455
GAO Report: Tax Non-Compliance on the Rise Among IRS Workers!
Tax Delinquency Among Federal Workers
IRS Reveals "Silence Advocacy Project"-Joe Banister
IRS Loses BIG: U.S. v. Kuglin
http://famguardian.org/Subjects/Taxes/taxes.htm