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Old 06-17-2004, 10:41 AM
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rushpat rushpat is offline
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Tax collection agencies actually part of the gov't?

I seem to remember reading somewhere that the IRS wasn't really a gov't agency, but a private collection agency for the federal reserve. Is something like this true of state tax collection agencies? If so, this section of the FDCPA could come in handy:





Section 807(9) prohibits the use of any document designed to falsely imply that it issued from a state or federal source, or "which creates a false impression as to its source, authorization, or approval."



1. Relation to other sections. Most of the violations of this section involve simulated legal process, which is more specifically covered by section 807(13). However, this subsection is broader in that it also covers documents that fraudulently appear to be official government documents, or otherwise mislead the recipient as to their authorship.



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Old 06-17-2004, 11:42 AM
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Tax collection agencies actually part of the gov't?

rushpat, et al,



I also recall FDCPA 807(13) being used as a lever against Article I courts.



Can anyone chime in on these?



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Old 06-18-2004, 08:14 PM
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Tax collection agencies actually part of the gov't?

That section of the FDCPA should apply to the IRS. It was the U.S. Attorney that stated:

"The United States of America, through undersigned counsel hereby responds to the numbered paragraphs of plaintiff's complaint as follows:



4. Denies that the Internal Revenue Service is an agency of the United States Government but admits that the United States of America would be a proper party to this action. Admits that the IRS has served a Notice of Levy on plaintiff for funds owed to defendant Steve Morgan."



The case is: Diversified Metal Products, Inc. v. T-Bow Company Trust, Internal Revenue Service, and Steve Morgan (Civil No. 93-405-E-EJL -- District of Idaho).



Couple the FDCPA cite to this and what do you get?



hmmm... sounds like FRAUD and MISREPRESENTATION to me.
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