Accept For Value or Commercial Lien during IRS Audit

Hello,

I have filed 1040's for the past few years and the IRS has been trying to audit those returns. They didn't ask me for information to perform the audits and right away sent summonses to vendors I've dealth with. I've created an affidavit stating that fact with the corresponding IRC. They've also exposed my SSN in each of the summonses which violated several codes and statutes which I've also included in the affidavit. The affidavit was written in a Conditional Acceptance format with negative averement.

Of course, the agent simply stated some thing about courts have long established the IRS's power to audit which was never the argument or point. He simply stated that the audit was to continue and now I am in receipt of the "Income Tax Examination Chnages" without any other form or details to substantiate the changes.

Here are my questions:

1. what do I do if conditional acceptance is simply ignored?

2. In one correspondance I stated that if the conditions were not met and he continues to ignore them then it is to be construed that he wishes to become personally liable for damaged caused. Was that proper? Also should my next step be issuing a Notice of Default or maybe a Notice and Demands?

3. I did not receive the latest correspondance until it was already past the deadline the agent has given me (it was sent certified) can that be construed that I am in default status?

4. If I am simply going about the whole thing the wrong way, can someone suggest a better route or a good person to discuss this with.

Originally I had Barton Buhtz help us but my wife ended up with a Substitute for Return. We ended up filing and she got a lien and I got audits. Given there are so many theories on how to handle IRS I don't even know which one to follow anymore. I am not saying Mr. Buhtz's method didn't work, it was just very difficult to stay on that path when every letter sent was simply ignored. I also spoke with Dan Pilla ( a fairly well-known tax attorney ) and according to his experience IRS may appear to leave you along for a few years (about three) and they will start to take action after that calm.

So... here I am with lots of information but don't know which way to go... maybe someone who went through similar situation can shed some light....

Thanks!

[idknow]

Originally Posted by BabaHump

Hello,
[cut]

So... here I am with lots of information but don't know which way to go... maybe someone who went through similar situation can shed some light....

Thanks!

1. Recently, it was posted here and I reiterated that the IRC was repealed in the 1930s I believe.

2. A repealed law is dead and demands no obedience and confers no liability.

3. Amendment of a dead law does *NOT* revive the law.

Go that-a-way!



BabaHump, since i posted the above things have happened that you need to be aware of

I retract the above statement and say that;

you should search the forum here for ``irs dismissed'' for an article recently
posted regarding an Act of Congress which gives us, the people, the perfect defense
to use against the IRS specifically.

Go, seek, find, read, implement.

[rottweiler]

I am not trying to give you legal advice but you are roadkill if you ignore the following info.

Title 26 (Internal Revenue Code)
Sec. 7323. Judicial action to enforce forfeiture

(a) Nature and venue
The proceedings to enforce such forfeitures shall be in the
nature of a proceeding in rem in the United States District Court
for the district where such seizure is made.


Cut and paste the following address into google. If you have trouble disable your security settings temporarily until you can download this free book called AreYouLostAt"C". The IRS moves in Admiralty(IN REM)so you need to stay there and keep the burden of proof on them. Read it and you will see that the IRS needs a court order and why they do not want to get one. It is better to rely on our ignorance. In the admiralty they would need to move in the name of the real party at interest which would be the IMF. That would expose the scam. The United States District Court(it wears two hats) is the mandated district court of the US. Go get 'em.

[PDF] C:\Documents and Settings\Victoria Rivera\Local Settings\Temporary ...

Originally Posted by BabaHump

Hello,

I have filed 1040's for the past few years and the IRS has been trying to audit those returns. They didn't ask me for information to perform the audits and right away sent summonses to vendors I've dealth with. I've created an affidavit stating that fact with the corresponding IRC. They've also exposed my SSN in each of the summonses which violated several codes and statutes which I've also included in the affidavit. The affidavit was written in a Conditional Acceptance format with negative averement.

Of course, the agent simply stated some thing about courts have long established the IRS's power to audit which was never the argument or point. He simply stated that the audit was to continue and now I am in receipt of the "Income Tax Examination Chnages" without any other form or details to substantiate the changes.

Here are my questions:

1. what do I do if conditional acceptance is simply ignored?

2. In one correspondance I stated that if the conditions were not met and he continues to ignore them then it is to be construed that he wishes to become personally liable for damaged caused. Was that proper? Also should my next step be issuing a Notice of Default or maybe a Notice and Demands?

3. I did not receive the latest correspondance until it was already past the deadline the agent has given me (it was sent certified) can that be construed that I am in default status?

4. If I am simply going about the whole thing the wrong way, can someone suggest a better route or a good person to discuss this with.

Originally I had Barton Buhtz help us but my wife ended up with a Substitute for Return. We ended up filing and she got a lien and I got audits. Given there are so many theories on how to handle IRS I don't even know which one to follow anymore. I am not saying Mr. Buhtz's method didn't work, it was just very difficult to stay on that path when every letter sent was simply ignored. I also spoke with Dan Pilla ( a fairly well-known tax attorney ) and according to his experience IRS may appear to leave you along for a few years (about three) and they will start to take action after that calm.

So... here I am with lots of information but don't know which way to go... maybe someone who went through similar situation can shed some light....

Thanks!

Hi Rottweiler,

Found the site http://www.notaryprotest.com but it seems that particular pdf file is no longer there or is corrupt... would you have a copy or know somewhere else I may download it? I searched in Google already.

Thanks again!

btw, I didnt get the irs mail until it was past the deadline the agent has given me... I don't want to dishonor by default, what do you guys do about this?

Thanks.

[kmcarr]

Is this the PDF you are looking for?

Hello,

Thanks for the file. Great reading!

Also thanks for the advice, but can someone advice on what can be done as oppose to what should not be done? I understand that anything requires great due dilligence on my part, but a direction from someone who has successfully dealt with the IRS would be helpful.

I read through quite a few threads here and see a lot of comments on what not to do but not what to do... therefore, those of you with much more experience here, please give me some pointers reqarding my issue.


Thanks again.

[J.W.]

BubaHump:

You will be hard-pressed to find anyone here on these forms who would offer you nor anyone else direct advice as to do so would potentially result in a liability incurred by such a person. Unless the illustrious or perhaps fussy Lawyerdude who passes through here on occassion cares to pony up advice he is about the only one who has represented himself as a Lawyer and who may be able to offer advice.

This forum is not about advice it is about the exploration of ideas, options, theories, court cases, law, code procedure and beyond all of which is for informational, educational and likewise entertainment purposes only, not advisory.

My stance here with relation to most if not all of the information is objective. However, I do have a humble and in some cases firm opinions regarding some information I think is out right incorrect, misunderstood or illegal. My opinion just like everyone else's here should not be construed as advice though and at best may inspire someone to do their own due diligence regarding research whereupon one may come to their ultimate determination as to the veracity of any of the information explored or presented here.

[Judge Roy Bean]

Originally Posted by BabaHump

Hello,

Thanks for the file. Great reading!

Also thanks for the advice, but can someone advice on what can be done as oppose to what should not be done?

The short answer is NO. The entities that have been promoting tax schemes are gradually being taken down and their promoters put in prison for giving "advice" about what can be done.

Originally Posted by BabaHump

I understand that anything requires great due dilligence on my part, but a direction from someone who has successfully dealt with the IRS would be helpful.

The people who have "successfully" dealt with the IRS are your day-to-day, ordinary CPA's and other legitimate tax professionals, not the promoters of various schemes and sellers of "secrets."

Originally Posted by BabaHump

I read through quite a few threads here and see a lot of comments on what not to do but not what to do... therefore, those of you with much more experience here, please give me some pointers reqarding my issue.

Find a reputable tax professional who does not espouse whacko theories about the legitimacy of the IRC, the Federal Reserve, etc., etc.

Originally Posted by BabaHump

Thanks again.

You're welcome.

[charlesa6]

Originally Posted by Judge Roy Bean

The short answer is NO. The entities that have been promoting tax schemes are gradually being taken down and their promoters put in prison for giving "advice" about what can be done.

The people who have "successfully" dealt with the IRS are your day-to-day, ordinary CPA's and other legitimate tax professionals, not the promoters of various schemes and sellers of "secrets."

Find a reputable tax professional who does not espouse whacko theories about the legitimacy of the IRC, the Federal Reserve, etc., etc.

You're welcome.

Yep!! Make sagacity.