The wife got a letter from the vIpeRS - NOTICE OF DEFICIENCY. (letter 3219)
Telling her that
"If you want to contest this determination in court before making any payment,....you should file the petion with the US Tax Court, Washington DC. If you decide not to file a petition, please sign and return the enclosed waiver form to us that will permit us to assess the deficiency quickly..."
"The enclosed statement shows how we figured the deficiency."
A couple of issues here. Good ole Dennis Parizek from Ogden is listed as contact person to help get me "answers." Not ONE of my letters in the past few years has ever been answered, so I really do not hold out hope that he'd respond to anything again. So I feel I must register-mail my response to both Dennis AND the US Tax Court explaining that I do not wish to petition the court nor do I wish to sign the waiver(in the blank called "taxpayer", but thank you for the invitation.
Then go on to list some of their violations right in the letter itself if they were to be followed through.
Oh, they do thank me for my cooperation at the end of the letter.
Any thoughts or direction on where else I might go here? The more I do this, I think the simpler it gets. My first letters were quite lengthy! Thanks for your comments.
Scott
btw, what are the requirements that a form requires an OMB number? The waiver form 5564 they enclosed has no number.
__________________
All men die, few live. This little hobby of fighting tyranny is driving my wife nuts.
Scott, What about the Bryer stuff, is any of that applicable? Seems he was starting to tangle with them, by their dishonoring a contract he had initiated. It was on the Disqualify Your Judge altho not many details were given. He's trippy but he has disqualifyed thousands of judges and court personel, sending a few to the "can" and others quiting to escape the "can". also attorneys since they are "officers of the court".
MD,
Marvin Breyer likes to go in and tangle with them. Right now, I desire to stay in honor and keep out of their halls.
The tax court will have different rules that I don't want to begin to understand, so I just need to be a fish not worth reeling in. I have only disqualified one judge(she recused herself quickly!) and within 10 minutes of me leaving the building, I was arrested and thrown in jail. I was out a couple of hours later with no charges, but hey, "Who needs charges when they've got guns?" She made her point, but she made a combatant too!
But that is off point here. I will be responding shortly. It all sure seems like invitations to me - they have "figured my deficiency for [me.]" How thoughtful. Isn't there some reg not allowing that kind of thing? I think so, thus, I will need to gracefully decline the favor!
Are we on the right track here?
scottinalaska
__________________
All men die, few live. This little hobby of fighting tyranny is driving my wife nuts.
I believe that you are already entrenched in administrative process. Like Bob Shultz proved through the Circuit Court (attached) there is no real power there because you have a right to judicial review of that process. However it can convince employers, bankers and brokers to simply hand over your funds and assets to the IRS agent demanding that adminstrative process has the power of law.
In theory, this is how it is supposed to function; you have a choice. However my experience along with many suitors (saving to suitors clause of 1789) has been that through clerk malfeasance (character assassination - false branding pro se) sanctioned by the judges (actually magistrates), there is no true judicial review.
The above Libel of Review stopped functioning in around 1996. Maybe due to restructuring the IMF and dissociating the Secretary from being the US Governor. I do not know. Just that the federal judge goes silent until the petitioner moves for default judgment and is denied; then the case gets dismissed. Procedurally the petitioner is supposed to take up the cause in state court but that is bankrupt too since 1933 and the 'saving to suitors' clause is only for competent common law:
Quote:
"...the United States, ... within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.
So we just file the counterclaim (Libel of Review) and simply continue in competent common law by filing the default judgment at the county clerk and recorder before filing it in the US courthouse. There is no competence in the US courthouses (except maybe Manhattan Island) so we don't regard the dismissal valid. However, like I said, once entrenched in administrative process very few employers, bankers and brokers will respect your right to judicial review of the administrative process. Especially when they see you signed and sealed the judgment yourself (albeit out of necessity).
At this point in the reclamation process (of the original estate) I think you need to file in Manhattan at the Court of International Trade. We (about 150 suitors so far) have not tried that yet.
The best thing is if they have made an admission they are moving in admiralty; that they already are entrenched in judicial process. That is Article III jurisdiction and the Verified Statement of Right (in rem; Rule C) comes into play. They back off and in the case attached even notify the man by true name so. That is a victory. Unfortunately the wiley agent may pick up administrative process and still convince some sheeple down the road with inferior process to hand over funds. It is sad.
But if you have chosen to fight in Article III, by filing on the Patroonship of Manhattan Island, then please keep us informed.
P.S. The banker's response attached: Do not bother calling Ted. He never supported the letter by signature. The Libel of Review process convinced the lawyer team retained by 1st Bank. So he sent the letter. The lawyer team actually hired the local IRS agent (who appearantly got fired over the matter) a little later and will no longer honor the judicial process.
Last edited by David Merrill : 01-04-2006 at 05:17 AM.
So we just file the counterclaim (Libel of Review) and simply continue in competent common law by filing the default judgment at the county clerk and recorder before filing it in the US courthouse.
There is no competence in the US courthouses (except maybe Manhattan Island) so we don't regard the dismissal valid.
What you talkin 'bout, Willis-Merrill?
Why no competence in those named courts,
except maybe on the island?
please expand?
Quote:
Originally Posted by David Merrill
However, like I said, once entrenched in administrative process very few employers, bankers and brokers will respect your right to judicial review of the administrative process. Especially when they see you signed and sealed the judgment yourself (albeit out of necessity).
At this point in the reclamation process (of the original estate) I think you need to file in Manhattan at the Court of International Trade. We (about 150 suitors so far) have not tried that yet.
The best thing is if they have made an admission they are moving in admiralty; that they already are entrenched in judicial process. That is Article III jurisdiction and the Verified Statement of Right (in rem; Rule C) comes into play.
They back off and in the case attached even notify the man by true name so. That is a victory. Unfortunately the wiley agent may pick up administrative process and still convince some sheeple down the road with inferior process to hand over funds. It is sad.
But if you have chosen to fight in Article III, by filing on the Patroonship of Manhattan Island, then please keep us informed.
P.S. The banker's response attached: Do not bother calling Ted. He never supported the letter by signature. The Libel of Review process convinced the lawyer team retained by 1st Bank. So he sent the letter. The lawyer team actually hired the local IRS agent (who appearantly got fired over the matter) a little later and will no longer honor the judicial process.
wow, that's impressive.
People are unfortunately and extra-ordinarily un-educated!
thanks, David.
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
Last edited by idknow : 01-04-2006 at 06:36 AM.
Reason: typos, i gotta learn to read what i type
Why no competence in those named courts, except maybe on the island?
Bankruptcy.
Through the original Charter of Freedoms and Exemptions granted to Patroons, Manhattan Island was excluded as a municipal capital. It is territorial but was never properly subject to becoming part of New York state or the State of New York Corporation.
The common law operates through parishes, townships, hundreds, Frank Pledges (10 families) etc. So home rule cities and towns are positive law jural societies. The Patroons of the BEIC (British East Indies Trading Company) established a claim that stuck and became the highest priced real estate in the world. It stood through the formation and ratification of the Constitution. Franklin Delano ROOSEVELT was of course governor of New York before becoming president and properly installing the current War and Emergency Powers of an executive/imperial Presidency enjoyed by George Walker BUSH.
Understanding METRO organization is essential to understanding sovereignty. There is a positive law jural society, Article XX - State of Colorado constitution; Home rule cities and towns. Article XIV has a Section about Home rule counties too.
When Mayor Guliani said New York (city) is the capital city of the world, he meant that literally. Otherwise David Rockefeller would not have been able to give 18 acres of land away for the United Nations Plaza.
Regards,
David Merrill.
Last edited by David Merrill : 01-04-2006 at 02:51 PM.
Through the original Charter of Freedoms and Exemptions granted to Patroons, Manhattan Island was excluded as a municipal capital. It is territorial but was never properly subject to becoming part of New York state or the State of New York Corporation.
The common law operates through parishes, townships, hundreds, Frank Pledges (10 families) etc. So home rule cities and towns are positive law jural societies. The Patroons of the BEIC (British East Indies Trading Company) established a claim that stuck and became the highest priced real estate in the world. It stood through the formation and ratification of the Constitution. Franklin Delano ROOSEVELT was of course governor of New York before becoming president and properly installing the current War and Emergency Powers of an executive/imperial Presidency enjoyed by George Walker BUSH.
Understanding METRO organization is essential to understanding sovereignty. There is a positive law jural society, Article XX - State of Colorado constitution; Home rule cities and towns. Article XIV has a Section about Home rule counties too.
When Mayor Guliani said New Your (city) is the capital city of the world, he meant that literally. Otherwise David Rockefeller would not have been able to give 18 acres of land away for the United Nations Plaza.
Regards,
David Merrill.
I wanna know more about this , pls continue?
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
David,
Indeed, this is the 90 day letter.
And how insightful it is from your link that the proper plaintiff should be the IRS, but they are asking me to petition the court, thus making me become a plaintiff trying to prove a negative.
Is my recourse nothing short of creative writing to delay the inevitable tax court?
Such as - Thank you for your letter inviting me to petition the court. I am not petitioning the court to hear the case as that is your job. If you have a complaint, then you or your agents should proceed properly as the plaintiff here. And please understand that whoever is signing my "return" after preparing it needs to have first hand knowledge as hearsay evidence is rarely admitted into a court.
Thanks for the excellent links, David. I am continuing to choke down red pills after I already thought I had finished off the first bottle a couple years ago!
scottinalaska
__________________
All men die, few live. This little hobby of fighting tyranny is driving my wife nuts.
If you become the plaintiff in tax court the burden of proof is on you and the judge will sit there ruling for the defendant.
You are the libelled. At least you will be after 90 days and they file a Notice of Lien at the county clerk and recorder. When that happens run down there and get a copy of the the backside before they send it back to the IRS (within two weeks or so). You will find the citation in the LoR attached above:
Quote:
"Place for filing notice; form. Place for filing. The notice referred to in subsection (a) shall be filed -- with the clerk of the district court. In the office of the clerk of the United States district court for the judicial district in which the property subject to the lien is situated..." Title 26 U.S.C. §6323.
See the difference between judicial and administrative process? Agents of a foreign principal are required to enter America through the district courts; all tax revenue causes are admiralty. However, the mailbox has become like a little enclave for the city * of Washington, District of Columbia. Notice who really owns it - the Postmaster General. Try putting up a homemade mailbox that has not passed inspection of the Postmaster General. I do not know what will happen; maybe try putting a padlock through the hole or just tearing the mailbox out. That won't solve any of your problems, just educate you about expeditious processes of the Postal Service (International League of Process Servers [I made that one up.]) under the Universal Postal Union. That mailbox is the district court filing. At least it's the administrative process that the IRS is hoping you will bring to tax court; common law notice and grace. They notified you and you still failed to respond properly (by becoming counterclaimant, not plaintiff).
Regards,
David Merrill.
*Start to grasp the municipal nature of METRO. When you are reading through links about courts and admiralty, keyword search for "municipal", "home rule", "METRO", "municipal and police powers"; like that:
Look what became of the incompetent judiciary in the corporate State of Colorado. It is overtaken by common law; positive law jural society/METRO. City of Colorado Springs/METRO, City of Singapore/METRO, City of Moscow/METRO etc. - quiet globalization of uniform policy. Some might even equate it with the City of Babylon in the Book of Revelation.
You are being attacked by administrative process that has no force in law. See that opinion by the Circuit justices for Bob Shultz above. That would seem to take care of the problem but that most sheeple in control of your funds are much more afraid of the Treasury than you.
This is fictional but a good example just the same. Some yoyo-cowboy from the Secret Service (Treasury) is blowing off a handgun in downtown Moscow...
quote:"They notified you and you still failed to respond properly (by becoming counterclaimant, not plaintiff)."
By "properly" you mean not the response or NONresponse the IRS desired, yes?
quote:"When that happens run down there and get a copy of the the backside before they send it back to the IRS (within two weeks or so). You will find the citation in the LoR attached above:"
So I get a copy. Now I am smarter and onto their game. But aside from not desiring to see it go that far, what the heck can I do with it now? Keep it as my evidence of their missteps in procedure(no court order) if or when it goes to court?
OR, do I respond with the libel of Review BEFORE anything possibly gets filed.
I have spent many hours conditionally accepting these letters for the past few years and now I discover that rabbit hole wasn't the right one to be going down!
thanks,
scott
__________________
All men die, few live. This little hobby of fighting tyranny is driving my wife nuts.
Last edited by scottinalaska : 01-04-2006 at 05:53 PM.
