UCC § 3-505. EVIDENCE OF DISHONOR.

[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:

Beating the IRS at their Own Game

Defining the U.C.C: "Instrument" or "Presentment": This is any request or demand for money presented to you for payment. If not refuted by you, it is "presumed" to be owed. "Dishonor" If you dishonor a presentment, it means that you actually owe the bill but refuse to pay it. "Without Dishonor" means that you never owed the bill to
begin with, such proposed bill or assessment is null and void as if never presented and there is no current or future liability.

If someone sends you a "demand" for $1000 [a bill or "presentment"] and you do not refute it, under UCC regulations, you are presumed to have acknowledged the legitimacy of that bill. UCC §3-504(1) provides that the mere making of a demand for acceptance or payment is in itself a proper presentment. If you don't respond, the
creditor can then file a prejudgment lien on default and collect the $1000! This is exactly the strategy the IRS is using when they send a "proposed assessment" or "deficiency," which is a "demand" for payment or a "presentment." If
you do not refute this demand, it's presumed to be valid! A simple strategy for stopping the IRS in their tracks is to immediately write the following note on the bottom of such an ORIGINAL notice. Sign it and send it back by via REGISTERED mail, Return Receipt Requested.

"This instrument is hereby
REFUSED FOR FRAUD- WITHOUT DISHONOR AND is HEREBY CANCELLED based upon state statutes and the Uniform Commercial Code ?which allow(s) the cancellation and
refusal of instruments which are not signed and are non bonafide or fraudulent in nature. If you
disagree with this refusal or cancellation in any way, you have (10) days in which to respond.
Otherwise this matter shall be considered closed."

Many Patriots have successfully used this strategy and have received back a letter from the IRS Collection Department withdrawing the Proposed Assessment or Deficiency or have never heard from the IRS again.

At the same time, you may also send a letter requesting that the IRS or STATE INCOME TAX AGENCY substantiate their claim pursuant to UCC §3-505 which states, "In order to protect himself, the party to whom presentment is made may require the following without thereby dishonoring the instrument."

UCC §3-505:4 Counter demands by party to whom presentment is made [you]. (Check for current Code #)

(1) The party to whom presentment is made [you] may, without dishonor,* require:
(a) Exhibition of the instrument [creating the liability]
(b) Reasonable identification of the person making presentment and evidence of his authority to make it, if made for another; and
(c) That the instrument be produced for acceptance or payment at a place specified in it, or if there be none, at any place reasonable in the circumstances; and
(d) A signed receipt of the instrument for any partial or full payment and its surrender on full payment.

(2) Failure to comply with any such requirement invalidates the presentment (voids it), but the person presenting has a reasonable time in which to comply and the time for acceptance or payment runs from the time of compliance.

Note: Dishonor means you actually owed the money, and refuse to pay it. Without dishonor means you don't owe it.

If Presenter (IRS) Fails to Comply Presentment is Nullified as if Never Made! For this strategy to be successful, it is imperative NOT to ask for any more than the four items authorized in (a) - (d) in §3-505:4.

UCC §3-505:5 states:
"The Presenter [IRS] or his authorized agent may treat the presentment as dishonored if the person to whom Presentment is made [you] makes counter-demands which are not authorized by Code §3-505:4 or places unreasonable conditions on demands authorized by that section." "If counter-demands [by you] are proper, the presenter must comply with them. and the Code gives a reasonable time in which to respond. Correspondingly, until there is such compliance, there is no further duty upon other person to whom presentment is made [you] and the time for acceptance or payment runs from the time of
compliance."

UCC § 1-204. defines "Reasonable Time," as follows: (1) Whenever this Act requires any action to be taken "within a reasonable time," any time which is not manifestly unreasonable may be fixed by agreement.

A reasonable time is 30 days, but to be really reasonable, let the IRS know they may request one extension, if they need more time. If the IRS has not sent you the information you requested or a request for an extension within 30 Days, according to "their law"

THE "PRESENTMENT" (THE PROPOSED ASSESSMENT, DEFICIENCY ETC.) IS
INVALIDATED OR NULLIFIED AS IF IT HAD NEVER BEEN MADE.

UCC §3-505 (2) states: "If the presenter fails to comply within a reasonable time with proper demands authorized by Code 83-505 his [the IRS'] presentment is "invalidated" or nullified as though it had never been made. If the presentment is thus invalidated the instrument is not dishonored."

One of the current tactics of the IRS is to send a separate bill or proposed assessment for each year the Citizen did not file a return. Merely send a separate UCC §3-505 Counter Demand Letter for each demand, via registered mail.
REMEMBER, IF YOU DON'T RESPOND TO THE IRS, YOU ARE PRESUMED TO HAVE
ACQUIESCED (agreed to owing the bill)!
The following is an example of another type of UCC Response Letter.

DO NOT MAIL THIS LETTER WITH A
§3-505 Response.

This intelligent Patriot from Ohio beat the IRS with their own Rule Book. His name is excluded to protect his privacy.

District Director Date:
Internal Revenue Service
Certified Mail #:
Re: Form 8488 dated 1-1-92 for 8612, 8712, &
8812

Dear Mr. Director:

I am returning your presentment WITHOUT DISHONOR since I have no federal income tax liability. Are you a Holder in Due Course under UCC 3-105(b), UCC 3-303, UCC 3-305 or UCC 3-306? You have sent me an incomplete instrument, UCC 3-115, with which you are trying to induce me by fraud UCC 3-305 (a) to accept, for your benefit.

You have not provided any consideration to me and have not provided any performance to which I am indebted by an instrument that does not bear my signature, UCC 3-401. I have no course of dealing in the business of duties, exports or customs of any kind, nor am I involved in any
Internal Revenue taxable activity (Title 18 USC 3283 and definitions). I am returning your unsubstantiated presentment-finder Uniform Commercial Code 3-50l (b) (3).

1. Please exhibit the instruments) that contain(s) my signature, obligating me to your demand, under Agreement. UCC 1-201 (3).

2. Please provide me with proof of your claim that you maintain a security interest, UCC 1-201(37), in my person or property that makes you a Holder, UCC 1-201(20) to make a presentment. What is your Presentment authority?

3. What Territorial Application, UCC 1-105, exists that we have agreed upon that contains my signature?

4. I, hereby, declare and affirm my status as a NONIMMIGRANT /NONRESIDENT ALIEN
NONTAXPAYER. I am not a "person" described in 26 USC 7343. Please provide me with the copy of the source of income and from what geographical part of the statutorily defined "United States" it came from, to substantiate your claim based on an agreement between us.

5. There are grounds for insecurity on my part. Therefore, I demand assurances under UCC 2-609 as to your delegation of authority, UCC 2-210, to operate in a Union state, in a municipal capacity, that applies to me, a
NONIMMIGRANT/NONRESIDENT ALIEN, NONTAXPAYER.

6. What presumption(s)make you believe that I, as a NONIMMIGRANT /NONRESIDENT ALIEN
NONTAXPAYER, am effectively connected with a trade or business within the statutorily defined United States that caused your presentments on Form 8488 to be issued?

7. Please name all of the "we's" and supply their employee ID numbers, who determined that I, a
NONRESIDENT ALIEN, had a tax liability. Also, supply a copy of the return calculated by the Secretary under 26 USC 6020, and signed by pen and ink, UCC 3-401.

8. Please provide the negotiable instruments I signed that was payable to you (UCC 3-805) that would make you a holder in due course, to make presentment and demand payment.

9. Which principal are you operating for in this instance; the Federal Reserve or the United States?

10. Please tell me the 0MB number of the form that I, as a nonresident alien, am required to file when I neither make income from any source within the statutorily defined United States nor effectively connected with a trade or business within the statutorily defined United States?

YOU HAVE 30 DAYS WITH WHICH TO COMPLY, FROM RECEIPT OF THIS CERTIFIED MAIL. UCC 1-201(10).

A lack of response on your part means a fault, UCC 1-201 (16) exists, creating fraud through material misrepresentation which vitiate all forms, contracts, agreements etc., expressed or implied, from the beginning, UCC 1-103. Your presentments are fraudulent and unconscionable UCC 1-302 and are discharged, UCC 3-601 (a) without resort to a commercial tribunal.

Failure on your part to vacate the presentments of your demand will result in me pressing criminal charges under 26 US 7214 and 241 and 242 of Title 18 (Criminal) for theft by deception, duress, coercion, fraud by inducement, material misrepresentation, malfeasance of office under color of law and extortion using the mail
system. The United States is a corporation and the IRS is a corporation and there is no immunity for anybody when they deal in commercial paper.
WITH EXPLICIT RESERVATION OF ALL RIGHTS WITHOUT PREJUDICE UCC 1-207

Signature

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.

[Jerseee]

Good job and excellent research.

[cdsea10]

the 18 usc 3283 is "Offenses against children".
does anyone have any ideas what it should be?

[idknow]

Originally Posted by cdsea10

the 18 usc 3283 is "Offenses against children".
does anyone have any ideas what it should be?

your question doesnt make any sense.

can you provide more detail and context within which you are asking your question?

[charlesa6]

Originally Posted by cdsea10

the 18 usc 3283 is "Offenses against children".
does anyone have any ideas what it should be?

Are you refering to the statue or what? Rephrase your question away from the statue code.

[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.”

[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, they took an already-existing section of some act of Congress,
did a little s//g,
presto, chango,
we still dont know what the section says, cuz it aint quoted above at all!

wow, that be redicule-us

[charlesa6]

Originally Posted by idknow

So, they took an already-existing section of some act of Congress,
did a little s//g,
presto, chango,
we still dont know what the section says, cuz it aint quoted above at all!

wow, that be redicule-us

Hehehehehe!!! I Agree.

[cdsea10]

"...nor am I involved in any Internal Revenue taxable activity (Title 18 USC 3283 and definitions)."???

my question is - the writer is writing the irs director over a irs matter of having no federal income tax liability. he says he's not involved in any taxable activity and his usc quote is for "Offenses against children". i don't understand why it would be that and figure it is a typo and am asking if anybody has access to the original to see what it would be. or might know the person and ask.

obvious 18usc3283 is incorrect. in researching the letter and looking up everything for accuracy... found that was 'out of place'. so i am asking if anybody has any ideas of what's going. unless there is some meaning that escapes me.

the letter can be adopted for multiple purposes and that part puzzled me... like idknow says.... wow, that be redicule-us.

[Shoonra]

I would assume that 18 USC 3283 should be 26 USC 3283.


Apart from that, I will say that letters and arguments such as this have already been tried and failed in court. Some of you refuse to believe me when I say this, but you will find that experience is a very good (and expensive) teacher.