UCC § 3-505. EVIDENCE OF DISHONOR.

[cdsea10]

tried that 1st off... no go on 26usc3283..

i was more interested in the letter for other than irs...
but ... nord davis in his booklet SUI JURIS - he has a similiar letter but his ucc cites are old. his letter was powerful. let me know if you have never read it.

i am interested in hearing anyone that used it with the irs and got burned.

i would think it would be nieve to use that approach as no jury would grasp it.

i'm just collecting infomtion on what i find. tell me more please Shoonra. i prefer to learn from other... my head has enough knots from bumping into the hard walls.

[Shoonra]

I found on the internet the very same text being bandied about in 1992, possibly earlier, with the same citations. At that time 18 USC 3283 was the statute of limitations for offenses against the laws relating to smuggling or the trafficking in women, no mention of "taxable activity" and no definitions; in 1994 the law was changed to a statute of limitations on offenses against children - but the official editorial note wasn't changed. In any case that citation appears to have always been wrong.

Some of the UCC cites are also outdated, the UCC having been vigorously amended since 1992.

I cannot find an instance of this particular document being used in a court case, but the courts have dealt with some of the arguments in this document. The law is Very Clear on this matter: The income tax laws and processes are governmental, not "commercial", and are regulated by the federal Internal Revenue Code (Title 26 of the US Code) and not by the UCC. The courts have shown little patience with attempts to apply the UCC to the income tax laws.

[goldphoenix]

The UCC are rules created for those who utilize "money" or "taxation" which includes corporate government agencies and agents, as well as the courts themselves (all "persons" but also "individuals" acting under color of law). The UCC is the source of the reservation of our rights codified into all state laws (UNIFORM). If it were not for this remedy there would be no rights protected by the Constitution within contract (contracts that are written to deprive one of his/her rights or do not provide full disclosure or remedies protected by the Constitutions of the State and United States). I am wondering why Shoonra says that the UCC does not apply to "taxation" when that is the primary reason it was written, to control abuses of the people through fiat "money". What am I misstating or missing here, anyone?

goldphoenix

[idknow]

Originally Posted by rushpat

Now here's more good info:

§ 3-505. EVIDENCE OF DISHONOR.

(a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:

(1) a document regular in form as provided in subsection (b) which purports to be a protest;

(2) a purported stamp or writing of the drawee , payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor;

(3) a book or record of the drawee , payor bank, or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry.

(b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.



With that in mind, here's something juicy I've found on another website, when using this with the IRS/State Tax losers:




I'd be a little cautious about using the Nonresident alien argument. I think that has been discouraged for a few year. Besides that, this looks good.

Folks, Members and Visitors, let me tell a tale:

everyday, as long as I continue to view and review SuiJuris, I become more and more convinced that I am looking at that which is ordained By our heavenly father to "save our butts!"



Given a certain foundation of basic understanding of Law, contract, uniform laws, dictionary - the whole thing can be threaded together into one's understanding to keep one from enslaving one's self!

We are already indentured to the Most High and all we study here is how to keep ourselves from violating That covenant!

Hoping that makes sense,

Originally Posted by idknow

Folks, Memebers and Visitors, let me tell a tale:

everyday, as long as I continue to view and review SuiJuris, I become more and more convinced that I am looking at that which is ordained By our heavenly father to "save our butts!"



Given a certain foundation of basic understanding of Law, contract, uniform laws, dictionary - the whole thing can be threaded together into one's understanding to keep one from enslaving one's self!

We are already indentured to the Most High and all we study here is how to keep ourselves from violating That covenant!

Hoping that makes sense,

Good point.. We either obey the Laws of God, else we obey the laws of man. On the one hand, we gain salvation through Christ, and suffer the persecution of man. On the other hand we enjoy the pleasures associated with the laws of man, and suffer the consequences of damnation.

I think it quite clear what our choices REALLY are.

Jerry.

[cdsea10]

TITLE 27--Alcohol, Tobacco Products and Firearms
CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY
SUBCHAPTER F--PROCEDURES AND PRACTICES
PART 72--DISPOSITION OF SEIZED PERSONAL PROPERTY
Subpart B—Definitions
§ 72.11 Meaning of terms.
Commercial crimes. Any of the following types of crimes (Federal or State): Offenses against the revenue laws; burglary; counterfeiting; forgery; kidnapping; larceny; robbery; illegal sale or possession of deadly weapons; prostitution (including soliciting, procuring, pandering, white slaving, keeping house of ill fame, and like offenses); extortion; swindling and confidence games; and attempting to commit, conspiring to commit, or compounding any of the foregoing crimes. Addiction to narcotic drugs and use of marihuana will be treated as if such were commercial crime.

[idknow]

Originally Posted by cdsea10

TITLE 27--Alcohol, Tobacco Products and Firearms
CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY
SUBCHAPTER F--PROCEDURES AND PRACTICES
PART 72--DISPOSITION OF SEIZED PERSONAL PROPERTY
Subpart B*Definitions
§ 72.11 Meaning of terms.
Commercial crimes. Any of the following types of crimes (Federal or State): Offenses against the revenue laws; burglary; counterfeiting; forgery; kidnapping; larceny; robbery; illegal sale or possession of deadly weapons; prostitution (including soliciting, procuring, pandering, white slaving, keeping house of ill fame, and like offenses); extortion; swindling and confidence games; and attempting to commit, conspiring to commit, or compounding any of the foregoing crimes. Addiction to narcotic drugs and use of marihuana will be treated as if such were commercial crime.

the gubmint wants "its cut", "its piece of the pie"

wanna know who the real suckling pig is feeding at the trough?

The gubmint feeding off The Slaves who give it their money, includling the corporations.

[idknow]

Originally Posted by seeker

http://www4.law.cornell.edu/uscode/s...000-notes.html

Check under NOTES

Changes were made in phraseology.

Amendments


2003--Pub. L. 108-21 substituted "Offenses against children" for "Child abuse offenses" in section catchline and amended text generally. Prior to amendment, text read as follows: "No statute of limitations that would otherwise preclude prosecution for an offense involving the sexual or physical abuse of a child under the age of 18 years shall preclude such prosecution before the child reaches the age of 25 years."
1994--Pub. L. 103-322 substituted "Child abuse offenses" for "Customs and slave trade violations" as section catchline and amended text generally. Prior to amendment, text read as follows: "No person shall be prosecuted, tried or punished for any violation of the customs laws or the slave trade laws of the United States unless the indictment is found or the information is instituted within five years next after the commission of the offense."

So, "customs" and "slave" are terms IN commerce;

And, how perverted is it that some lawyer attached to the Congress saw child abuse in terms of "customs and slavery"?

btw, customs + slavery == trafficking: import and export

[Shoonra]

The citation to title 27, sec 72.11 is NOT to the US Code but instead to the Code of Federal Regulations.

It shows that, for the limited purpose of the activities of the BATF, certain crimes are considered "commercial crimes" even if they really aren't. It's hard to imagine how the mere possession of a deadly weapon (not necessary a firearm or anything requiring complicated manufacturing) constitutes a "commercial" type of crime. Etc.

[idknow]

Originally Posted by Shoonra

The citation to title 27, sec 72.11 is NOT to the US Code but instead to the Code of Federal Regulations.

It shows that, for the limited purpose of the activities of the BATF, certain crimes are considered "commercial crimes" even if they really aren't.

It's hard to imagine how the mere possession of a deadly weapon (not necessary a firearm or anything requiring complicated manufacturing) constitutes a "commercial" type of crime. Etc.

re last sentence:

dont you remember the SCOTUS opinion that knocked down the federal act which forbade guns
near school because Congress tried to get a nexus IN commerce?

it was either in the 80s or early 90s.