Need some help here, got until November 3rd 2004 to reply

Ok here is most of the history.



I have not filed a tax return since the 1992 return.



I did not know about honer/dishoner until this year.



This year I really swallowed the red pill and it all makes such sense.



I responded to my annual "did not file a return" from the "Rothchild donation foundation" (IRS) within the alloted time by accepting for value all documents sent for the 1993 and 1995 tax years and returning them. Thirty days passed and nothing. On Oct. 25th they mailed out a notice to levy with the statement that "I need to pay the tax due when I "file" the return. Gee, did I not just say that I did not file. So it seems that it went from a "did not file" to a "failure to pay tax when return filed" scenario. (So maybe there is some truth to the fact that a W2 counts as a legal filing.) Anyway, if they are counting the W2 as the filing then the 93 tax return has passed the 10 yr mark and is no longer subject to collection.



At any rate, I need to come up with a suitable, workable response within the week. I will not pay them for services or goods not rendered or delivered! I fully stand behind my convictions no matter what the price.



Any and all help/advice is welcome and much needed.



I have not yet done my John Snow but have filed my state UCC-1 and my trademark. When I accepted for value, I used the RR number as the bond number.



Waiting to hear what you all have to say.



Ken

there's all kinds of stuff in this section of the forum. maybe something in IRS Notice(s) of Deficiencies can help you...



jon

Here's how it played out in my (ahem) "experience."



[Sidebar: Do not admit, here or anywhere else, that you did not "file." It, the IRS, is alledging you did not file. That began the entire process, right? They allege.....Minor point, perhaps, but keeps at least the most fundamental truth in focus....]



[Sidebar: Technically-speaking, there is no "failure to file" penalty, only "failure to MAKE" a return. hehehehe]



And know this: This is one--and only one--accepted and acknowledged (by the courts!) "remedy" in this matter: Pay the alleged amount first, then take it to court. That's the position of the Supreme Court and in its collective thinking, it's perfectly reasonable....Again, I digress....



And yes, you are correct. The W-2 is indeed considered a "return." That is exactly the reason the IRS is hounding you. It has this document in its possession and It needs you to verify the information. (It, the IRS, likes to say It wants to make sure you aren't due a refund, etc. Yeah, right. Whatever.....)



[Sidebar: Go back to and think about the legal "remedy." Or ask yourself a question (which you probably already have: If the IRS is so damned certain that you did NOT file and DO owe the money, etc., why hasn't It taken YOU to court? Answer: The w-2 is NOT legally admissable EVIDENCE simply because the IRS would be required to find a living, breathing human-type person to be willing to swear under oath that he/she has first-hand knowledge that the information contained on the W-2 is "true and accurate.")



So:



It, the IRS, is going to do what it has complete freedom and legal license to do: Exercise any and all of its "administrative" power. I.E., It is going to make third-party contacts in order to "collect" (aka "steal") from anyone and everyone (employers, banks, etc.) the "money" It alleges you owe.



[Sidebar: Right. Legally, of course, It can't do this. But to prove It has acted illegally requires the system's only legal remedy: YOU take it to court.]



ALL such third-party contacts WILL capitulate and WILL abide by these administrative notices.



All I'm saying is this:



There is NO "burden of proof" in any of this, period.



Unless....



Unless and until the matter goes to court.



Now, who is going to initiate the court proceedings?



Well, It--the IRS--isn't about to because It knows It can't prove anything.



But



It does have the blessings of the US legal system to utilize Its "adminstrative" power, and, of course



YOU



have the blessings of the US legal system to challenge all such matters in court,



BUT



Such action puts YOU in the position of the plaintiff and shifts to YOU the "burden of proof."



Now



Can YOU prove the information on the W-2 is false, erroneous, illegal, whatever? Can YOU find that one person who will appear in court and say, under oath, "Gee. I don't know. Such-and-such employer submitted the information to me and...." Which leads to, "I object. Hearsay....."



I.E.: It's ALL legally "hearsay." The whole damned thing is nothing but the actions of an illegal agency having been granted unchecked power to do anything It wants.



Behind it all is nothing more than the shadow of "justice" and "legal procedure."



I think I got myself all off-track. What was the question?

[rushpat]

If you are worried that the W2 alleges some taxable income, write up an affidavit that the W2's are incorrectly reporting taxable income, or that the money amounts on the W2 are not taxable..



An unrebutted affidavit stands as truth. You can notify your employer to correct it, just use this affidavit as part of any action against the IRS.

Well, stayed up most of the night perusing USC 26 regarding the matter. Something I came up with caught my eye. Consider that I have to set the tone NOW for all the future attempts to come after me for any other year they think I should donate to the IMF.



Here is what I came up with straight from the code on Levies:





§ 6331. Levy and distraint





Release date: 2003-05-15



(a) Authority of Secretary

If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. <u>Levy may be made upon the accrued salary or wages of 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, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official</u>. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section.





Well, since I am a private person and not an employee, officer etc etc of the UNITED STATES federal machine it would seem to me that the Secretary does not have the right to levy me.



I also have my UCC-1 on file with the Florida state Treasurer naming me as the secured party for my STRAW MAN.



Should I advise the IRS of this or keep it unknown until such time as I may need it? Should I present a copy of it with my employer so that they know they have no right to honor any levy request made by IRS?



As for personal property: I do not own more that the amount allowed to be free from levy per the code so I am not worried about them taking anything away from me. I am only worried about my pay and bank accounts. I have a business to operate as well as the J O B and need to be able to continue to do business and the bank account is essential.



Maybe I should send a copy of the UCC-1 to the bank to put them on notice beforehand?



Again, I need to be absolutely correct in my response with them to achieve a solid foundation for future dealings.



Ken

[Ice]

Also see U.S. v. O'Dell for more info on what the IRS MUST DO in order to effect a levy.

Thanks Ice, got some great information off of the SEDM site. They even have a fill in response form for the IRS. Will sure help save me hours of research at a time when I really don't have much time.



Ken

[KaosTheory]

Ken,



What is the SEDM site?

[EnSabahNur]

Don't do this unless recommended by one of the more sane folk on here. But, every letter I get from CANADA REVENUE AGENCY now gets "VOID, RETURNED BY REASON OF FRAUD", written across every paper in their envelope in red pen, diagonally, and sent back registered mail.



Now they can feel free to try and prove I have ever consented to anything they have ever sent me. That might be a problem for them.



Again, I'm a freak and really hate these people, so I would not do that unless you really hate them, or someone with a more cool head like ICE or JERSEEE says "Ya, that would be O.K.".....or "Hell ya, kick some Ass!"

[rushpat]

Originally Posted by KaosTheory

Ken,



What is the SEDM site?

I think Chris Hanson split some of his solutions out of the GreatIRSHoax book, on his famguardian.org site, and put them into a ministry called SEDM, and now asks for donations for these forms. I think this is to offset the massive bandwidth costs of the main site.