Here's a letter I found on
www.commonlawvenue.com wherein someone used this on the FTB:
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From: oxoxoxoxo (proper name here), Trustee/creditor Registered Mail #
Agent with Power of Attorney in Fact for Notice # 20XXX316A
OXOXOXO (name in all caps) TR Administrative Refusal for
C/o P.O Box 191853 Cause and Letter of Advice
Fountain Dale, California (9XXX8)
To: Leslie R. /and all still to be named defendant/debtors
Franchise Tax Board (sic) /debtor /
Filing Enforcement
P.O. Box 942840, Mail Stop J-40,
Sacramento, California 94240- 0040
Re: Administrative refusal for cause of the letters dated March 2, 2004, March 8, 2004 and March 9, 2004 that you or somebody from your office sent to the trust and trustee.
Dear Leslie R,
Notice: your presentments and offers of contract are hereby rejected and refused for cause for the following reasons:
1. The commercially defective presentments you /your agency sent lacked proper identifiable endorsements / identification from some accountable man or women. The use of fictions in law is not permitted. Use of only a single letter or agency stamp instead of identifying your full, lawful name is also not permitted. This use of only a single letter is not good faith and makes your presentment commercially unreasonable and defective on its face. In all future correspondence, if you wish to correspond with me, the Trustee, you must act in good faith and use your proper, lawfully spelled, full name and address me by my proper, lawfully spelled, full name in upper and lower case when addressing me and not use the FICTIOUS upper case spelling of the trust.
2. You and your agency?s presentment have failed to prove subject matter jurisdiction on its face.
3. You and your presentment have failed to prove a properly validated liability claim, under affidavit, in your full commercial capacity, sworn under penalties of perjury, in which relief could be granted.
4. You and your presentment have failed to identify your surety agent or liability bondholder.
5. You and your presentments have failed to present a valid order from a legitimate court of competent jurisdiction
6. You and your presentment have failed to identify the contract and or licensing agreement that would allow you any right to bypass the First, Forth, Fifth, Sixth, Seventh, and Tenth Amendments and the equal protection and due process protection clauses of the uS Constitution.
7. You and your presentment have failed to show the scope of your office and any valid delegation of lawful authority as required for holding State office at CA. Article 20 § 3.
8. You have again failed to explain, by affidavit, the reasons why you feel the lawful filing of the 541 form does not meet the full lawful requirements for filing of this account. As Trustee, I believe that the filing that I have made for the years in question are substantive and lawfully correct and if you are not in agreement with the way I have filed, then you must, in good faith, provide, under affidavit, proof of your claim backed up by facts and law to support your position. No foundationless argument or frivolous claim will be accepted or even considered that is not sworn under oath or grounded in the law and facts. Only when you have complied with the commercially reasonable request expressed in this correspondence will I then even begin to take your claim under advisement and examine the matter further to make a legal determination to see if a change in filing is necessary.
9. In regards to the points expressed on your march 2, 2004 letter:
a. Filing information contained in said filings in question is substantively correct.
b. The 541 Filing that you are in receipt of is not blank. Being signed with a jurat makes it a commercial affidavit and therefore does not support your claim, in law, of it being a frivolous filing.
c. Your argument that said position delays the administration or impedes the administration of tax laws is also not supported in fact since your organization had full usage of those funds from the trust account in question for each of those years before a return was filed and claim made to get overpayment of those funds back, due to there being no tax liability lawfully owed by the trust, and your organization also agreed to this in fact, evidenced by your agency?s action of issuing a full tax refund check for the past three consecutive years in a row. If your agency did feel the filing was in any way incorrect, it needed to address this matter when your agency first received the notice of the trust?s indenture or within thirty days thereafter, not three years latter, having enjoyed the benefits of having used the tax funds from the trust the entire time.
Until you have corrected your agency?s previous, notary acknowledged, commercial dishonor in this matter and the deficiencies of your presentment as outlined in the nine points above you are again, hereby noticed, to cease and desist your unlawful collection activities. Your current collections are barred by doctrines of res judicata and collateral estoppel.
You are also hereby noticed to withdraw any orders you have issued to collect funds on the OXOXOXOXO (name in all caps here) account until you have cured your commercial dishonor and facially void, ab initio, defective presentments.
Be advised that your previous unvalidated taking of funds were unlawful and you are hereby noticed to immediately return all funds taken without my permission and without a valid court order. Your failure to return these funds and stop your wrongful collection activities, as per my request, is a serious matter and appears to be a violation of federal and State law. You have committed a trespass on my rights, injured me and have committed the crime of conversion and other violations of the law and you may be held liable for the following:
? Violation for deprivation of civil rights 42 U.S.C. 1983
? Conspiracy against rights under 18 U.S.C. 241
? Extortion under 18 U.S.C. 872 . and under PC § 519.1 and §521
? Wrongful actions of Revenue Officers under 26 U.S.C. 7214
? Engaging in monetary transactions derived from unlawful activity under 18 U.S.C. 1957
? Mailing threatening communications under 18 U.S.C. 876
? False writings and fraud under 18 U.S.C. 1018 and under PC§ 523, § 524, § 526
? Taking of property without due process of law or just compensation
? Unauthorized collection activity under 26 U.S.C. 7433
? Fraud under 18 U.S.C. 1341
? Continuing financial crimes enterprise (RICO) under 18 U.S.C. 225, and 1962
? Breach of fiduciary duty in violation of 26 CFR 2635.101, government code of ethics Public Law 96-303
? Peonage and obstructing enforcement under Thirteenth Amendment
? 18 U.S.C. 1581 and 42 U.S.C. 1994
? Bank robbery under 18 U.S.C. §2113 (in the case of fraudulent notice of levies)
?
Take note of this MEMORANDUM OF LAW:
A Judgment is a void judgment if a court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A.; U.S.C.A. Const. Amend. 5 ?
Klugh v. U.S., 620 F.Supp. 892 (D.S.C. 1985).
A void judgment which includes judgment entered by a court which lacked jurisdiction over the parties or the subject matter, or lacked inherent power to enter the particular judgment, or an order procured by fraud, can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court,
Long v. Shorebank Development Corp., 182 F.3d 548
You now have 10 days to cure your wrongful actions, return all funds taken by your commercially defective and unlawful withholding order you recently issued to the Orange County Department of Education and cease and desist any further un-validated collection efforts and communicate with me your intentions to cure or you may be subject to suit and any other further lawful recourses as may be deemed necessary to get correction and restitution from you and your agency?s blatantly unlawful behavior. Please take note Ms. Leslie R. that you are commercially liable and are not immune from subpoena or prosecution under 18 USC § 4. You need to insist that your superiors stop ordering you to violate the law and work to correct the current violations of the law that have already occurred by you and your agency in this matter and take this opportunity and time of grace to cure this matter before it?s too late and I am forced to take legal action get lawful recourse.
NOTICE TO AGENT(S) /AGENCIES IS NOTICE TO PRINCIPAL(S) AND NOTICE TO PRICIPAL(S) IS NOTICE TO AGENT(S)/ AGENCIES
Until then yours truly,
oxoxoxo (proper name here) TTEE/Creditor
All rights reserved
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