Remove Tax Liens

[AndyK]

Originally Posted by freeindeed

That's what I thought, no factual rebuttal.

As I said, the citations are correct. I can't rebut factual statements.

However, they are not interpreted correctly. That distinction is left up to the intelligent, unbiased reader.

[AndyK]

Originally Posted by David Merrill

AndyK thinks that there can be a lien without any judicial action.

This is all you need to know about AndyK.

http://www.quatloos.com/Tax-Forums/p...wprofile&u=413

He is being so predictable and redundant I will likely just Ignore Member him and link his bio after his posts now and again.


Regards,

David Merrill.

David Merrill:

Please add the following to your reference material:

Originally Posted by 26USC6321

Section 6321. Lien for taxes
If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person.

(emphasis added)

The lien is established by statute and requires no judicial intervention.

[AndyK]

Originally Posted by gratisman

Last time I checked the IRS was a private corporation that was incorporated in Puerto Rico. Not the same as the United States Government.

Perhaps you should check again

Originally Posted by 26USC7803

Section 7803. Commissioner of Internal Revenue; other officials
(a) Commissioner of Internal Revenue
(1) Appointment
(A) In general
There shall be in the Department of the Treasury a Commissioner of Internal Revenue who shall be appointed by the President, by and with the advice and consent of the Senate, to a 5-year term. Such appointment shall be made from individuals who, among other qualifications, have a demonstrated ability in management.
(B) Vacancy
Any individual appointed to fill a vacancy in the position of Commissioner occurring before the expiration of the term for which such individual's predecessor was appointed shall be appointed only for the remainder of that term.
(C) Removal
The Commissioner may be removed at the will of the President.
(D) Reappointment
The Commissioner may be appointed to more than one 5-year term.
(2) Duties
The Commissioner shall have such duties and powers as the Secretary may prescribe, including the power to -
(A) administer, manage, conduct, direct, and supervise the execution and application of the internal revenue laws or related statutes and tax conventions to which the United States is a party; and
(B) recommend to the President a candidate for appointment as Chief Counsel for the Internal Revenue Service when a vacancy occurs, and recommend to the President the removal of such Chief Counsel.

If the Secretary determines not to delegate a power specified in subparagraph (A) or (B), such determination may not take effect until 30 days after the Secretary notifies the Committees on Ways and Means, Government Reform and Oversight, and Appropriations of the House of Representatives and the Committees on Finance, Governmental Affairs, and Appropriations of the Senate.
(3) Consultation with Board
The Commissioner shall consult with the Oversight Board on all matters set forth in paragraphs (2) and (3) (other than paragraph (3)(A)) of section 7802(d).

I don't see Puerto Rico in there.

[gratisman]

27 CFR 250.11 again for the definition of "Secretary" as found in all the above. The defining term for "Secretary" is, "The Secretary of the Treasury of Puerto Rico." That man is Manual Diaz Saldana. Those revenue agents operating in all the states are not United States employees. The Statute mandated to be at the end of each regulation by 1 Code of Federal Regulations (CFR) is 68A State 775 (26 USC 6301).

The identity of the Secretary is not found in title 26 U.S.C.. The only reference to the identity of the Secretary of the Treasury is in 27 C.F.R. at section 250.11 (definitions) which specifically states: "Secretary means Secretary of the Treasury of Puerto Rico".

Departamento De Hacienda
Secretary of the Treasury
Manuel Diaz Saldana
P.O. Box 4515
San Juan, Puerto Rico, 00902

He's the head honcho. Also, you are usually dealing with an agent with a title of "Revenue Agent." The only definition of revenue agent is in 27 C.F.R.section 250.11 and is defined as: "Revenue Agent means any duly authorized Commonwealth Internal Revenue Agent of the Department of the Treasury of Puerto Rico."

wealth4freedom.com

[gratisman]

So your commissioner answers to the Secretary of the Treasury of Puerto Rico?

[David Merrill]

Originally Posted by freeindeed

That's what I thought, no factual rebuttal.

Careful here... AndyK is just trying to get some distance from that attachment. The nature of the US and its three definitions is one thing for sure. But AndyK would rather you not note how easy removing a Notice of Tax Lien before it cures (or even after it cures) really is.

Originally Posted by AndyK

David Merrill:

Please add the following to your reference material:(emphasis added)

Why would I? Title 26 has never been enacted into law.

The lien is established by statute and requires no judicial intervention.

That is a lie AndyK, see the attachment.

[gratisman]

they have posted that a lady has received a release of her levy from the IRS and also a return of her levied funds.

http://www.nftl-removal.com/Release%...Levy-Check.pdf

http://www.nftl-removal.com/Release%20of%20Levy.pdf

[freeindeed]

I thought this was very interesting here . Care to comment Andy. Looks to me like this Congressman can read. This is evidently a response to a question regarding U.S. Code, Title 26, Subtitle F, Chapter 64, Subchapter D Part II, Section 6331(a). Notice the last paragraph of the response.

This particular provision does not appear to extend to private sector employees. If a form was given to an employer that omitted section (a), this form could be considered misleading.

I wonder why section (a) of 6331 is left of the notice of levy. Could it be to mislead people Andy?

[AndyK]

Originally Posted by gratisman

27 CFR 250.11 again for the definition of "Secretary" as found in all the above. The defining term for "Secretary" is, "The Secretary of the Treasury of Puerto Rico." That man is Manual Diaz Saldana. Those revenue agents operating in all the states are not United States employees. The Statute mandated to be at the end of each regulation by 1 Code of Federal Regulations (CFR) is 68A State 775 (26 USC 6301).

The identity of the Secretary is not found in title 26 U.S.C.. The only reference to the identity of the Secretary of the Treasury is in 27 C.F.R. at section 250.11 (definitions) which specifically states: "Secretary means Secretary of the Treasury of Puerto Rico".

Departamento De Hacienda
Secretary of the Treasury
Manuel Diaz Saldana
P.O. Box 4515
San Juan, Puerto Rico, 00902

He's the head honcho. Also, you are usually dealing with an agent with a title of "Revenue Agent." The only definition of revenue agent is in 27 C.F.R.section 250.11 and is defined as: "Revenue Agent means any duly authorized Commonwealth Internal Revenue Agent of the Department of the Treasury of Puerto Rico."

wealth4freedom.com

Did you bother to go to the top of the page and see where that definition applies?

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY

PART 26 LIQUORS AND ARTICLES FROM PUERTO RICO AND THE VIRGIN ISLANDS

Subpart B_Definitions

Sec. 26.11 Meaning of terms.

When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meaning ascribed in this section. Words in the plural form shall include the singular and vice versa, and words importing the masculine gender shall include the feminine. The terms ``includes'' and ``including'' do not exclude things not enumerated which are in the same general class.

That particular definition ONLY applies to Part 26. It is not the overall definition of "Secretary."

[AndyK]

Originally Posted by David Merrill

Careful here... AndyK is just trying to get some distance from that attachment. The nature of the US and its three definitions is one thing for sure. But AndyK would rather you not note how easy removing a Notice of Tax Lien before it cures (or even after it cures) really is.



That is a lie AndyK, see the attachment.

David, you are confusing 'positive law' with valid law.
There is a difference between them.

The ultimate source to determine the validity and correctness of a law is the Statutes At Large.

If you take the time to verify the following

SOURCE
(Aug. 16, 1954, ch. 736, 68A Stat. 779.)
SHORT TITLE
Pub. L. 89-719, Sec. 1(a), Nov. 2, 1966, 80 Stat. 1125, provided that: ''This Act (enacting sections 3505, 7425, 7426, and 7810 of this title, amending sections 545, 6322 to 6325, 6331, 6332, 6334, 6335, 6337 to 6339, 6342, 6343, 6502, 6503, 6532, 7402, 7403, 7421, 7424, 7505, 7506, and 7809 of this title, sections 1346, 1402, and 2410 of Title 28, Judiciary and Judicial Procedure, and section 270a of Title 40, Public Buildings, Property, and Works, redesignating section 7425 as 7427 of this title, and enacting provisions set out as notes under sections 6323 and 7424 of this title, and under section 1346 of Title 28) may be cited as the 'Federal Tax Lien Act of 1966'.''

you will find that the section was validly enacted.

As a research assignment, why don't you try to learn the difference between 'positive law' and valid law and explain it to the others so they'll believe it.

If I try to explain it, I'll just be called a liar, propagandist, whatever.

Andy