Alabama State tax response-help please

[rushpat]

Originally Posted by Tora

They most likely are required. The Alabama statues are probably online like other states.



IÂ*haven't seen anywhere in the California tax codes that says they have to get a court judgment on a Withholding Order.Â* It'sÂ*just like the Internal Revnue Code.Â* You won't find it anywhere in IRCÂ*they have to get a court judgment for levies.Â* It's in their Internal Revenue Manual, but there's no statute or code:Â* There's case law only:Â* O'Dell and U.S. vs.Â*Stevens Equipment.Â*


You may be able to find case law on the topic of court judgments for wage garnishments, but I doubt you will find it in their code.

Hey Tora, read this link for background info on how the IRS screws this up time and again:


http://www.geocities.com/capitolhill...urtStrike.html

[Ice]

The reason you will not find the requirement for a court order in the IRC is because the authority for levy is Section 6331 AND 6331(a) spells out exactly who can be subject to levy.& Due to the fact that <FONT color=#ff0000>any officer, employee, or elected&official, of the United&States, the&District of&Columbia, or any agency or instrumentality of the United&States or the District&of&Columbia </FONT><FONT color=#000000>are completely subject to the jurisdiction of the U.S. (slaves), they do not have any "due process" rights.</FONT>


BUT - when it comes to citizens of one of the several states -- that's another story altogether.& When they step out of the jurisdiction of the U.S. - they have to deal with "due process".


They attempt to make us believe that they don't... but we know better.


Also, we have the O'Dell case, a cite from the Supreme Court that states&that a levy is accomplished by the issuing of a&"warrant of distraint"... THAT is a COURT ORDER.


The U.S. S.C. cite&is better than any "code" you could find.


&

[wirlwind]

To All Y'all,


Thanks again for all the info.& I spent a lot of time reading the Alabama codes last night.& When I start reading all those things, they just run together and don't make a whole lot of sense.& It helps when specific things are highlighted and& stressed.& Then it makes a whole lot more sense.&


I still am inclined to want to go for proof of jurisdiction and VOD& with a CPN rather than go to the appeals route.& I don't feel comfortable with that.& Probably because&I still am not good at citing the specific codes and things like that.& I am getting better, but I ain't there yet.


Has anybody been to an appeal?& What is it like?& And doesn't that you put you on the defense?&


Donna

Has anybody been to an appeal?& What is it like?& And doesn't that you put you on the defense?&


I've never been to an appeal, because basically, there's nothing to appeal.& The reason they call it an "appeal" is because you should have been given an opportunity&to&meet with an examinations officers. The only people who get the opportunity to talk to an examination officer are TaxPAYERS.&Anyone protesting the tax goes straight to&APPEALS.& When you are not given an opportunity to be heard by examinations, they are basically telling you that you have no case,&but you do have a case IF you&can <U>PROVE</U>&fraud in that appeal hearing.


You can learn to uncover the fraud yourself by decoding your IMF.& Imfdecoders.com are having success with that, but it is an&expensive&process to have someone else do it. Uncovering the&fraud is powerful.&


&I will be uncovering a lot of fraud in both of my hearings with the IRS and&FTB. That's why I'm looking forward to it.&

[rushpat]

I tend to think those hearings and appeals really don't change their plans. I think it is just so that you can stress later (if there is legal action), that you exhausted your administrative remedies. Like Tora said, they may slip and reveal the fraud they are operating under.

Also, appealing to them makes me feel like I'm admitting jurisdiction. I haven't decided yet if I'm going to go this route with California yet. Of course, it would be by phone, as I'm not wasting hundreds of $$$ to fly over there for a 15 minute appeal.