someone in this mail chain open the subject about 1040 and then came the
subject of if you dont pay and somehow eventually the IRS wants to audit
you via a letter to start with and what is someone to do about this? Its
rather simple to handle in most cases The IRS is subject to section 15 of
the tax code and the following
They normally would send you *Form 4340 (assessment) as evidence to make
you liable for tax*?
How can the IRS use Form 4340 (assessment) as evidence to make you liable
for tax?
See Commissioner v. Acker, in chief:
If you examine their administrative procedures carefully, e.g. statute
authorizing NOTICES OF DEFICIENCY, you either assess yourself -- on Form
1040 -- or the IRS must perform a proper assessment. Without a proper
assessment, there can be no deficiency, by statutory definitions.
A proper ASSESSMENT CERTIFICATE must be signed under penalty of perjury by
a duly authorized ASSESSMENT OFFICER, pursuant to IRC 6065 and Brafman v.
U.S.
If and when IRS attempts to certify an ASSESSMENT CERTIFICATE under penalty
of perjury, they are committing perjury, because there is no statute
creating a specific liability for federal income taxes imposed by subtitle
A of the IRC:
U.S. Secretary of the Treasury Falls Silent in Face of SUBPOENA for Tax
Liability Statutes
Thus, IRS can not PROVE liability for any income taxes imposed by IRC
subtitle A, unless you have assessed yourself -- by signing Form 1040.
What renders Form 1040 a satisfactory "assessment" is the perjury jurat
right above the signature line: that perjury jurat is executed pursuant to
28 U.S.C. 1746(2) i.e. verifications INSIDE the "United States" (federal
government): 28 U.S.C. 1746 (obviates need for a Notary Public to witness
signature)
________________________________________
IRC section 6211. Definition of deficiency
This is my paraphrase (using subtitle A income taxes as an illustration):
(a) For purposes of this title ...
the term "deficiency" means the amount by which
the tax imposed by subtitle A ... exceeds the excess of --
(1) the sum of
(A) the amount shown as the tax by the taxpayer upon his return
...
plus
(B) the amounts previously assessed
(or collected without assessment) as a deficiency ....
So, using simple arithmetic,
D = C - (A + B)
where,
D = Deficiency
C = tax imposed by subtitle A
A = amount shown on tax return (if any)
A = zero if no tax return has been filed
B = amounts previously assessed (by IRS)
B = undefined if no assessment has been done
A signed tax return is considered a "self-assessment" where A > 0 and B =
0.
Thus, if A = 0 (no return), then deficiency D = C - B.
B can only have a value if a proper ASSESSMENT has been done, because the
statutory authority here uses the term "assessed" as it is defined in all
IRS administrative procedures.
Accordingly, D can only have a value if C and B have a value. If B has no
value, then D remains undefined!
CONCLUSION: Formal ASSESSMENT is always required for the variable D
("Deficiency") to have any non-zero value in the absence of a properly
executed tax return.
________________________________________
While the info above is certainly diligent research, why get all caught up
in the code when you can SMACK 'EM DOWN with court procedure?
This is found in The Attorney General's Manual
* IRS CERTIFICATE OF ASSESSMENT AND PAYMENTS -- FORM 4340
COMPUTER TRANSCRIPT -- FORM 4303
1. IRS maintains a bookkeeping record of each taxpayer.
2. Transcript or Certificate of Assessments and Payments reflects
information as to a given taxpayer such as date returns filed, absence of
filing, payment made, penalties paid, estimated tax payments, and the like.
3. Transcript can be useful at trial -- examples:
A. Net worth case -- reflects taxes paid, a non-deductible item
B. Tax history -- delinquent returns, penalties paid, audit results, date
return filed
C. Returns destroyed -- can still establish tax history
4. Certificate of Assessment used to prove contents of return when fire
destroyed file copy and only copy available was penciled retained copy of
taxpayer
A. Moore v. United States, 254*F.2d 213, 215 (5th*Cir.), cert. denied,
357*U.S. 926 (1958)
5. Transcript can be certified under statutory procedure, Rule 44
procedure, or Rule 902(1), (4), Fed. R. Evid.; also admissible under Rule
803(8) and Rule 1005, Fed. R. Evid.
6. Admissibility of certified transcript:
A. Fed. R. Evid. 803(8), 1005
B. Vloutis v. United States 219*F.2d 782, 789 (5th*Cir. 1955)
C. Holland v. United States, 209*F.2d 516, 520 (10th*Cir.), aff'd, 348*U.S.
121 (1954)
D. Moore v. United States, 254*F.2d 213, 216 (5th*Cir.), cert. denied,
357*U.S. 926 (1958)
7. Witness needed:
A. Documents does not speak for itself -- explanation needed
B. BUT -- have Certificate of Assessments and Payments certified under Rule
902(1) and have witness explain terms, codes, etc.
8. Contact Service Center well in advance of trial -- takes time to obtain
certified documents.
9. Obtain proper witness and arrange for interview.
The Attorney General's Manual admits that a Form 4340 is not a witness.
Check United States v. Ruffin, 575 F.2d 346, 357 (2d Cir. 1978) (can't
merely have a witness testify (hearsay) as to contents of document -- Rule
803(14)applies to recorded documents):
* 14) Records of documents affecting an interest in property. The record of
a document purporting to establish or affect an interest in property, as
proof of the content of the original recorded document and its execution
and delivery by each person by whom it purports to have been executed, if
the record is a record of a public office and an applicable statute
authorizes the recording of documents of that kind in that office.
But look at 8. above & DISTINGUISH:
A witness can testify that copy is a true copy of an official record or
recorded document -- But document "testifies" as to contents, not witness
Rule 1005
* The contents of an official record, or of a document authorized to be
recorded or filed and actually recorded or filed, including data
compilations in any form, if otherwise admissible, may be proved by copy,
certified as correct in accordance with rule 902 or testified to be correct
by a witness who has compared it with the original. If a copy that complies
with the foregoing cannot be obtained by the exercise of reasonable
diligence, then other evidence of the contents may be given.
So one has to dig all of this up just to prove that alleged IRS assessments
are NOTHING MORE THAN UNSWORN HEARSAY!
________________________________________
TITLE 31 > SUBTITLE III > CHAPTER 37 > SUBCHAPTER III > § 3729
§ 3729. False claims
(b) Knowing and Knowingly Defined.— For purposes of this section, the terms
“knowing” and “knowingly” mean that a person, with respect to information—
(1) has actual knowledge of the information;
(2) acts in deliberate ignorance of the truth or falsity of the
information; or
(3) acts in reckless disregard of the truth or falsity of the information,
and no proof of specific intent to defraud is required.
(e) Exclusion.— This section does not apply to claims, records, or
statements made under the Internal Revenue Code of 1986.
(Considering (e) one may safely(?) presume that § 3729 only pertains to
"nontaxpayers".)
For more information see Why the Government Can't Lawfully Assess Natural
Persons With an Income Tax Liability Without Their Consent
*THE IRS: TITLE 15 IS THEIR ACHILLES HEEL (Proof of Validation of Debt)*
I know someone who wishes to remain anonymous but wants his story out. I
can attest to the hassles he went through with the IRS and know that it has
been a long time since he has had to deal with them. Over a few years he
has accumulated an enormous amount of documentation and had repeated
communications with the IRS. They eventually dragged him into UNITED STATES
DISTRICT COURT and during the trial he changed his direction and used*
Title 15 instead of Title 26 and the Constitution*. The case eventually
stopped.
His new contention was simple and in some ways similar to my charge
concept, it is all about the bill not the law. Title 15 relates to
“verified assessment”, in other words the collector must provide proof to
validate the debt and any case involving debt must be held in the judicial
district court. The concept is that the evil ones have circumvented the
Constitution and use their law, Title 26, as a way to confuse their
victims. Tax law does not apply since the IRS is strictly a debt collection
agency, thusly they are required to follow Title 15. The IRS has no way to
verify the debt even if they can verify taxes. W-2’s and 1099’s are only
evidence that some one has paid something, not that someone owes something.
After reading all of Title 15 Chapter 41 Sub V section 1692 I can see his
point is valid. Knowing that IRS is by corporate charter and their own
admission a debt collection agency this all seems to make sense. I have
started using this information in my own situation and will keep the group
informed on the situation. This man told me he sent one letter, received a
very uninformative denial response and sent a response to that response.
This was done during his trial. He has not heard anything since, which was
over a year ago. His case was terminated with no decision. I looked it up
and the court just says CLOSED AND SEALED.? I have not seen a case
terminated this way.
Conclusion: Once again it seems the evil one’s primary strategy is to get
us to fight the wrong battle. Although Title 26 is the Internal Revenue
Code, the IRS is just a collection agency and thereby is required to follow
Title 15. If we don’t force them to verify the debt then we are agreeing
the “bill” is valid. This, to me, is no different than the court tricking
us into fighting an accusation when we should be fighting a charge.
Never enter into controversy by arguing the issues presented by the IRS . .
. no controversy created or offered on your part, no cause to move forward.
As long as you are seeking discovery, as the above provides specifically,
there is no controversy . . . and if they can’t honorably answer your
inquiry, the matter is closed.
CHAPTER 41 SUBCHAPTER V § 1692
§ 1692. Congressional findings and declaration of purpose
(a) Abusive practices
There is abundant evidence of the use of abusive, deceptive, and unfair
debt collection practices by many debt collectors. Abusive debt collection
practices contribute to the number of personal bankruptcies, to marital
instability, to the loss of jobs, and to invasions of individual privacy.
(b) Inadequacy of laws
Existing laws and procedures for redressing these injuries are inadequate
to protect consumers.
(c) Available non-abusive collection methods
Means other than misrepresentation or other abusive debt collection
practices are available for the effective collection of debts.
(d) Interstate commerce
Abusive debt collection practices are carried on to a substantial extent in
interstate commerce and through means and instrumentalities of such
commerce. Even where abusive debt collection practices are purely
intrastate in character, they nevertheless directly affect interstate
commerce.
(e) Purposes
It is the purpose of this subchapter to eliminate abusive debt collection
practices by debt collectors, to insure that those debt collectors who
refrain from using abusive debt collection practices are not competitively
disadvantaged, and to promote consistent State action to protect consumers
against debt collection abuses.
§1692a. Definitions
As used in this subchapter—
(1) The term “Bureau” means the Bureau of Consumer Financial Protection.
(2) The term “communication” means the conveying of information regarding a
debt directly or indirectly to any person through any person through any
medium.
(3) The term “consumer” means any natural person obligated or allegedly
obligated to pay any (Remember, these administrative territorial district
courts/tribunals due to their exclusive mercantile nature, can’t address
the natural person as said courts have no authority to directly interact
with a substantive and thereby biological party as they don’t hold title to
that property. Paper to paper, flesh to flesh and never the twains shall
meet.)
(4) The term “creditor” means any person who offers or extends credit
creating a debt or to whom a debt is owed, but such term does not include
any person to the extent that he receives an assignment or transfer of a
debt in default solely for the purpose of facilitating collection of such
debt for another.
(5) The term “debt” means any obligation or alleged obligation of a
consumer to pay money arising out of a transaction in which the money,
property, insurance, or services which are the subject of the transaction
are primarily for personal, family, or household purposes, whether or not
such obligation has been reduced to judgment.
(6) The term “debt collector” means any person who uses any instrumentality
of interstate commerce or the mails in any business the principal purpose
of which is the collection of any debts, or who regularly collects or
attempts to collect, directly or indirectly, debts owed or due or asserted
to be owed or due another. Notwithstanding the exclusion provided by clause
(F) of the last sentence of this paragraph, the term includes any creditor
who, in the process of collecting his own debts, uses any name other than
his own which would indicate that a third person is collecting or
attempting to collect such For the purpose of section 1692f(6) of this
title, such term also includes any person who uses any instrumentality of
interstate commerce or the mails in any business the principal purpose of
which is the enforcement of security interests. The term does not include—
(A) any officer or employee of a creditor while, in the name of the
creditor, collecting debts for such creditor;
(B) any person while acting as a debt collector for another person, both of
whom are related by common ownership or affiliated by corporate control, if
the person acting as a debt collector does so only for persons to whom it
is so related or affiliated and if the principal business of such person is
not the collection of debts;
(C) any officer or employee of the United States or any State to the extent
that collecting or attempting to collect any debt is in the performance of
his official duties;
(D) any person while serving or attempting to serve legal process on any
other person in connection with the judicial enforcement of any debt;
(E) any nonprofit organization which, at the request of consumers, performs
bona fide consumer credit counseling and assists consumers in the
liquidation of their debts by receiving payments from such consumers and
distributing such amounts to creditors; and
(F) any person collecting or attempting to collect any debt owed or due or
asserted to be owed or due another to the extent such activity (i) is
incidental to a bona fide fiduciary obligation or a bona fide escrow
arrangement; (ii) concerns a debt which was originated by such person;
(iii) concerns a debt which was not in default at the time it was obtained
by such person; or (iv) concerns a debt obtained by such person as a
secured party in a commercial credit transaction involving the creditor.
(7) The term “location information” means a consumer’s place of abode and
his telephone number at such place, or his place of employment.
(8) The term “State“ means (please note it says means here instead of
includes) any State, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or any political
subdivision of any of the foregoing.
§1692b. Acquisition of location information
Any debt collector communicating with any person other than the consumer
for the purpose of acquiring location information about the consumer shall—
(1) identify himself(using a pseudonym is not identifying oneself), state
that he is confirming or correcting location information concerning the
consumer, and, only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt (IRS forms violate this);
(3) not communicate with any such person more than once unless requested to
do so by such person or unless the debt collector reasonably believes that
the earlier response of such person is erroneous or incomplete and that
such person now has correct or complete location information;
(4) not communicate by post card;
(5) not use any language or symbol on any envelope or in the contents of
any communication effected by the mails or telegram that indicates that the
debt collector is in the debt collection business or that the communication
relates to the collection of a debt (IRS forms violate this”); and
(6) after the debt collector knows the consumer is represented by an
attorney with regard to the subject debt and has knowledge of, or can
readily ascertain, such attorney’s name and address, not communicate with
any person other than that attorney, unless the attorney fails to respond
within a reasonable period of time to communication from the debt collector.
§1692c. Communication in connection with debt collection
(a) Communication with the consumer generally
Without the prior consent of the consumer given directly to the debt
collector or the express permission of a court of competent jurisdiction, a
debt collector may not communicate with a consumer in connection with the
collection of any debt—
(1) at any unusual time or place or a time or place known or which should
be known to be inconvenient to the consumer. In the absence of knowledge of
circumstances to the contrary, a debt collector shall assume that the
convenient time for communicating with a consumer is after 8 o’clock
antemeridian and before 9 o’clock postmeridian, local time at the
consumer’s location;
(2) if the debt collector knows the consumer is represented by an attorney
with respect to such debt and has knowledge of, or can readily ascertain,
such attorney’s name and address, unless the attorney fails to respond
within a reasonable period of time to a communication from the debt
collector or unless the attorney consents to direct communication with the
consumer; or
(3) at the consumer’s place of employment if the debt collector knows or
has reason to know that the consumer’s employer prohibits the consumer from
receiving such communication.
(b) Communication with third parties
Except as provided in section 1692b of this title, without the prior
consent of the consumer given directly to the debt collector, or the
express permission of a court of competent jurisdiction, or as reasonably
necessary to effectuate a post-judgment judicial remedy, a debt collector
may not communicate, in connection with the collection of any debt, with
any person other than the consumer, his attorney, a consumer reporting
agency if otherwise permitted by law, the creditor, the attorney of the
creditor, or the attorney of the debt collector.
(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer
refuses to pay a debt or that the consumer wishes the debt collector to
cease further communication with the consumer, the debt collector shall not
communicate further with the consumer with respect to such debt, except
(1) to advise the consumer that the debt collector’s further efforts are
being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke
specified remedies which are ordinarily invoked by such debt collector or
creditor; or
(3) where applicable, to notify the consumer that the debt collector or
creditor intends to invoke a specified
If such notice from the consumer is made by mail, notification shall be
complete upon receipt.
(d) “Consumer” defined
For the purpose of this section, the term “consumer” includes the
consumer’s spouse, parent (if the consumer is a minor), guardian, executor,
or administrator.
§1692d. Harassment or abuse
A debt collector may not engage in any conduct the natural consequence of
which is to harass, oppress, or abuse any person in connection with the
collection of a debt. Without limiting the general application of the
foregoing, the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm
the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural
consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse to pay
debts, except to a consumer reporting agency or to persons meeting the
requirements of section 1681a(f) or 1681b(3)[1] of this title.
(4) The advertisement for sale of any debt to coerce payment of the debt.
(5) Causing a telephone to ring or engaging any person in telephone
conversation repeatedly or continuously with intent to annoy, abuse, or
harass any person at the called number.
(6) Except as provided in section 1692b of this title, the placement of
telephone calls without meaningful disclosure of the caller’s identity.
§1692e. False or misleading representations (the IRS violates every
provision in this section)
A debt collector may not use any false, deceptive, or misleading
representation (IRS forms violate this in several ways)or means in
connection with the collection of any debt. Without limiting the general
application of the foregoing, the following conduct is a violation of this
section:
(1) The false representation or implication that the debt collector is
vouched for, bonded by, or affiliated with the United States or any State,
including the use of any badge, uniform, or facsimile thereof.(way too many
violations by IRS agents to list for this one)
(2) The false representation of--
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by
any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an
attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will
result in the arrest or imprisonment of any person or the seizure,
garnishment, attachment, or sale of any property or wages of any person
unless such action is lawful and the debt collector or creditor intends to
take such action.
(5) The threat to take any action that cannot legally be taken or that is
not intended to be taken.
(6) The false representation or implication that a sale, referral, or other
transfer of any interest in a debt shall cause the consumer to—
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this subchapter.
(7) The false representation or implication that the consumer committed any
crime or other conduct in order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person credit
information which is known or which should be known to be false, including
the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or
is falsely represented to be a document authorized, issued, or approved by
any court, official, or agency of the United States or any State, or which
creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or
attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the
consumer and, in addition, if the initial communication with the consumer
is oral, in that initial oral communication, that the debt collector is
attempting to collect a debt and that any information obtained will be used
for that purpose, and the failure to disclose in subsequent communications
that the communication is from a debt collector, except that this paragraph
shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned
over to innocent purchasers for value.
(13) The false representation or implication that documents are legal
process.
(14) The use of any business, company, or organization name other than the
true name of the debt collector’s business, company, or organization.
(15) The false representation or implication that documents are not legal
process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates
or is employed by a consumer reporting agency as defined by section
1681a(f) of this title.
§1692f. Unfair practices
A debt collector may not use unfair or unconscionable means to collect or
attempt to collect any debt. Without limiting the general application of
the foregoing, the following conduct is a violation of this section:
(1) The collection of any amount (including any interest, fee, charge, or
expense incidental to the principal obligation) unless such amount is
expressly authorized by the agreement creating the debt or permitted by law.
(2) The acceptance by a debt collector from any person of a check or other
payment instrument postdated by more than five days unless such person is
notified in writing of the debt collector’s intent to deposit such check or
instrument not more than ten nor less than three business days prior to
such deposit.
(3)The solicitation by a debt collector of any postdated check or other
postdated payment instrument for the purpose of threatening or instituting
criminal prosecution.
(4) Depositing or threatening to deposit any postdated check or other
postdated payment instrument prior to the date on such check or instrument.
(5) Causing charges to be made to any person for communications by
concealment of the true purpose of the communication. Such charges include,
but are not limited to, collect telephone calls and telegram fees.
(6) Taking or threatening to take any non-judicial action to effect
dispossession or disablement of property if—
(A) there is no present right to possession of the property claimed as
collateral through an enforceable security interest;
(B) there is no present intention to take possession of the property; or
(C) the property is exempt by law from such dispossession or disablement.
(7) Communicating with a consumer regarding a debt by post card.
(8) Using any language or symbol, other than the debt collector’s address,
on any envelope when communicating with a consumer by use of the mails or
by telegram, except that a debt collector may use his business name if such
name does not indicate that he is in the debt collection business.
§1692g. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in
connection with the collection of any debt, a debt collector shall, unless
the following information is contained in the initial communication or the
consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt.
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt
of the notice, disputes the validity of the debt, or any portion thereof,
the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing
within the thirty-day period that the debt, or any portion thereof, is
disputed, the debt collector will obtain verification of the debt or a copy
of a judgment against the consumer and a copy of such verification or
judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the
thirty-day period, the debt collector will provide the consumer with the
name and address of the original creditor, if different from the current
creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the
thirty-day period described in subsection (a) of this section that the
debt, or any portion thereof, is disputed, or that the consumer requests
the name and address of the original creditor, the debt collector shall
cease collection of the debt, or any disputed portion thereof, until the
debt collector obtains verification of the debt or a copy of a judgment, or
the name and address of the original creditor, and a copy of such
verification or judgment, or name and address of the original creditor, is
mailed to the consumer by the debt collector.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this
section may not be construed by any court as an admission of liability by
the consumer.
§1692h. Multiple debts
If any consumer owes multiple debts and makes any single payment to any
debt collector with respect to such debts, such debt collector may not
apply such payment to any debt which is disputed by the consumer and, where
applicable, shall apply such payment in accordance with the consumer’s
directions.
§1692i. Legal actions by debt collectors
(a) Venue
Any debt collector who brings any legal action on a debt against any
consumer shall—
(1) in the case of an action to enforce an interest in real property
securing the consumer’s obligation, bring such action only in a judicial
district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such
action only in the judicial district or similar legal entity—
(A) in which such consumer signed the contract sued upon; or
(A) in which such consumer resides at the commencement of the action.
(b) Authorization of actions
Nothing in this subchapter shall be construed to authorize the bringing of
legal actions by debt collectors.
§1692j. Furnishing certain deceptive forms (a) Venue
(a) It is unlawful to design, compile, and furnish any form knowing that
such form would be used to create the false belief in a consumer that a
person other than the creditor of such consumer is participating in the
collection of or in an attempt to collect a debt such consumer allegedly
owes such creditor, when in fact such person is not so participating.
(b) Any person who violates this section shall be liable to the same extent
and in the same manner as a debt collector is liable under section 1692k of
this title for failure to comply with a provision of this subchapter.
§1692k. Civil liability
(a) Amount of damages
Except as otherwise provided by this section, any debt collector who fails
to comply with any provision of this subchapter with respect to any person
is liable to such person in an amount equal to the sum of—
(1) any actual damage sustained by such person as a result of such failure;
(2)
(A) in the case of any action by an individual, such additional damages as
the court may allow, but not exceeding $1,000; or
(B) in the case of a class action, (i) such amount for each named plaintiff
as could be recovered under subparagraph (A), and (ii) such amount as the
court may allow for all other class members, without regard to a minimum
individual recovery, not to exceed the lesser of $500,000 or 1 per centum
of the net worth of the debt collector; and
(3) in the case of any successful action to enforce the foregoing
liability, the costs of the action, together with a reasonable attorney’s
fee as determined by the court. On a finding by the court that an action
under this section was brought in bad faith and for the purpose of
harassment, the court may award to the defendant attorney’s fees reasonable
in relation to the work expended and costs.
(b) Factors considered by court
In determining the amount of liability in any action under subsection (a)
of this section, the court shall consider, among other relevant factors—
(1) in any individual action under subsection (a)(2)(A) of this section,
the frequency and persistence of noncompliance by the debt collector, the
nature of such noncompliance, and the extent to which such noncompliance
was intentional; or
(2) in any class action under subsection (a)(2)(B) of this section, the
frequency and persistence of noncompliance by the debt collector, the
nature of such noncompliance, the resources of the debt collector, the
number of persons adversely affected, and the extent to which the debt
collector’s noncompliance was intentional.
(c) Intent
A debt collector may not be held liable in any action brought under this
subchapter if the debt collector shows by a preponderance of evidence that
the violation was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to avoid
any such error.
(d) Jurisdiction
An action to enforce any liability created by this subchapter may be
brought in any appropriate United States district court without regard to
the amount in controversy, or in any other court of competent jurisdiction,
within one year from the date on which the violation occurs.
(e) Advisory Opinions of Bureau
No provision of this section imposing any liability shall apply to any act
done or omitted in good faith in conformity with any advisory opinion of
the Bureau, notwithstanding that after such act or omission has occurred,
such opinion is amended, rescinded, or determined by judicial or other
authority to be invalid for any reason.
§1692l. Administrative enforcement
(a) Federal Trade Commission
The Federal Trade Commission shall be authorized to enforce compliance with
this subchapter, except to the extent that enforcement of the requirements
imposed under this subchapter is specifically committed to another
Government agency under any of paragraphs (1) through (5) of subsection
(b), subject to subtitle B of the Consumer Financial Protection Act of 2010
[12 U.S.C. 5511 et seq.]. For purpose of the exercise by the Federal Trade
Commission of its functions and powers under the Federal Trade Commission
Act (15 U.S.C. 41 et seq.), a violation of this subchapter shall be deemed
an unfair or deceptive act or practice in violation of that Act. All of the
functions and powers of the Federal Trade Commission under the Federal
Trade Commission Act are available to the Federal Trade Commission to
enforce compliance by any person with this subchapter, irrespective of
whether that person is engaged in commerce or meets any other
jurisdictional tests under the Federal Trade Commission Act, including the
power to enforce the provisions of this subchapter, in the same manner as
if the violation had been a violation of a Federal Trade Commission trade
regulation rule.
(b) Applicable provisions of law
Compliance with any requirements imposed under this subchapter shall be
enforced under—
(1) section 8 of the Federal Deposit Insurance Act [12 S.C. 1818], in the
case of—
(A) national banks, and Federal branches and Federal agencies of foreign
banks, by the Office of the Comptroller of the Currency;
(B) member banks of the Federal Reserve System (other than national banks),
branches and agencies of foreign banks (other than Federal branches,
Federal agencies, and insured State branches of foreign banks), commercial
lending companies owned or controlled by foreign banks, and organizations
operating under section 25 or 25(a) [1] of the Federal Reserve Act [12 S.C.
601 et seq., 611 et seq.], by the Board of Governors of the Federal Reserve
System; and
(C) banks insured by the Federal Deposit Insurance Corporation (other than
members of the Federal Reserve System) and insured State branches of
foreign banks, by the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act [12 S.C. 1818], by the
Director of the Office of Thrift Supervision, in the case of a savings
association the deposits of which are insured by the Federal Deposit
Insurance Corporation;
(3) the Federal Credit Union Act [12 S.C. 1751 et seq.], by the National
Credit Union Administration Board with respect to any Federal credit union;
(4) subtitle IV of title 49, by the Secretary of Transportation, with
respect to all carriers subject to the jurisdiction of the Surface
Transportation Board;
(5) part A of subtitle VII of title 49, by the Secretary of Transportation
with respect to any air carrier or any foreign air carrier subject to that
part; and
(6) the Packers and Stockyards Act, 1921 [7 S.C. 181 et seq.] (except as
provided in section 406 of that Act [7 U.S.C. 226, 227]), by the Secretary
of Agriculture with respect to any activities subject to that Act.
The terms used in paragraph (1) that are not defined in this subchapter or
otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12
U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the
International Banking Act of 1978 (12 U.S.C. 3101).
(c) Agency powers
For the purpose of the exercise by any agency referred to in subsection (b)
of this section of its powers under any Act referred to in that subsection,
a violation of any requirement imposed under this subchapter shall be
deemed to be a violation of a requirement imposed under that Act. In
addition to its powers under any provision of law specifically referred to
in subsection (b) of this section, each of the agencies referred to in that
subsection may exercise, for the purpose of enforcing compliance with any
requirement imposed under this subchapter any other authority conferred on
it by law, except as provided in subsection (d) of this section.
(d) Rules and regulations
Neither the Commission nor any other agency referred to in subsection (b)
of this section may promulgate trade regulation rules or other regulations
with respect to the collection of debts by debt collectors as defined in
this subchapter.
§1692m. Reports to Congress by the Commission; views of other Federal
agencies
(a) Not later than one year after the effective date of this subchapter and
at one-year intervals thereafter, the Commission shall make reports to the
Congress concerning the administration of its functions under this
subchapter, including such recommendations as the Commission deems
necessary or In addition, each report of the Commission shall include its
assessment of the extent to which compliance with this subchapter is being
achieved and a summary of the enforcement actions taken by the Commission
under section 1692l of this title.
(b) In the exercise of its functions under this subchapter, the Commission
may obtain upon request the views of any other Federal agency which
exercises enforcement functions under section 1692l of this title.
§1692n. Relation to State laws
This subchapter does not annul, alter, or affect, or exempt any person
subject to the provisions of this subchapter from complying with the laws
of any State with respect to debt collection practices, except to the
extent that those laws are inconsistent with any provision of this
subchapter, and then only to the extent of the inconsistency. For purposes
of this section, a State law is not inconsistent with this subchapter if
the protection such law affords any consumer is greater than the protection
provided by this subchapter.
§1692o. Exemption for State regulation
The Commission shall by regulation exempt from the requirements of this
subchapter any class of debt collection practices within any State if the
Commission determines that under the law of that State that class of debt
collection practices is subject to requirements substantially similar to
those imposed by this subchapter, and that there is adequate provision for
enforcement.
Below are some sample documents of what to send to the IRS
________________________________________
{{name}}
{{address}}
{{city}}, {{state}} [near {{zipcode}}]
Certified Mail Number: {{Certified Mail Number}}
Linda E. Stiff, {{#??}},
AgentName, #? , IRSTitle,
c/o LINDA E. STIFF,
Acting Commissioner of Internal Revenue Internal Revenue Service
Room 5226
1111 Constitution Avenue, NW
Washington, D.C. 20224
Telephone:
Fax:
{{AgentName}}, {{#}}, {{IRSTitle}}
{{Mailing Address}}
{{City}}, {{State}} {{Zip}}
{{Date}}
RE:
Notice of Demand for Verified Assessment for Year {{2020}},
Account #: {{000-00-0000}};
Demand to Cease and Desist Abusive Collection Practices
Commissioner of Internal Revenue; {{Agent Name}}; To Whom This May Concern:
Commissioner, et al., “You” are herein demanded by the undersigned to
verify that
1) You, and Your delegates’, collection activities and performances are
within Your official duties as the officer or employee or assignee of the
United States Government; and specifically,
2) You are demanded by the undersigned to cause to be prepared and produced
to the undersigned written verified assessment(s) concerning all alleged or
presumed liability and thereby, outstanding debt for any and all taxable
years currently in question re account # {{000-00-0000}}, including, but
not limited to, calendar year {{2019}}; and, {{2020}}) You are hereby
noticed: You are not authorized to present yourself, or cause your delegate
to take the liberty to appear at My dwelling(s) or work place(s) as such
practice gives cause to intimidate Me, causes Me to suffer undue duress and
distress and is absolutely unnecessary. Such presumptive and thereby,
summary liberties are by their nature, abusive collection practices and
recognized as such pursuant to U.S. federal and {{Your State}} state law.
3) You are herein noticed that until You have duly provided to Me the
herein referenced verified assessment(s) for any and all alleged liability
and therefore alleged debt that all further activity by You or Your
delegates, including, but not limited to, failed reimbursement of prior
under color collections having not been verified by assessment, or the
continued abuse of the collection process pursuant to Title 15 of an
unverified liability or debt, is willful and abusive practice and
categorically willful and direct violation of U.S. federal law and {{Your
State}} state law; and,
4) You are noticed that henceforth, I authorize You to contact Me only by
mail at the mailing address above; and,
5) You have 30 business days to act in accordance with this demand
requiring substantive due process pursuant to Title 15 and in accordance
with the Fair Debt Collection Practices Act.
I anticipate Your timely cooperation in remediation of the aforesaid
alleged liability(s) and debt(s), the immediate cessation of abusive
practices by You and Your delegates, and the appropriate prompt return of
all personal property plus interest.
Notice to agent is notice to principal; notice to principal is notice to
agent.
_____________________________________________________
{{Full Name}}
cc:
{{US Attorney General}}, Acting Attorney General, U.S.
{{State Attorney General}}, {{Your Tax State}} Attorney General
{{Dept. Revenue Name}}, Director {{Your Tax State}} Department of Revenue
Here is the affidavit I am sending.
AFFIDAVIT
By
VERIFIED DECLARATION
)
)
(notary seal) ) ss
)
)
For: Whom it may concern: In the Matter for {{Your Name Here}}, including
any and all derivations and variations in the spelling thereof.
WHEREAS, the public record is the highest form of evidence, I, {{Your Name
Here}}, am hereby timely creating for the public record by this Affidavit
and by Verified Declaration within in the jurisdiction of (state) republic
and the united States of America.
PLAIN STATEMENT OF FACTS
1. Fact: I, {{Your Name Here}}, have not seen or been presented with any
substantive ofer of proof or evidence which demonstrates that, primarily,
the entity known as the INTERNAL REVENUE SERVICE is anything other than a
foreign entity, having its origin and headquarters in the territorial
jurisdiction of the territory of Puerto Rico and thereby, being nothing
more, than a mere rogue collection agency employing agents to operate in
the nature of privateers , while at all times, said agents are encouraged
to presume to employ collection/prize measures in the form of Marque and
Reprisal i.e. pillage and plunder in the said agent’s private and thereby,
personal capacity for the express purpose to unjustly enrich themselves;
2. Fact: I, {{Your Name Here}}, have not seen or been presented with any
substantive offer of evidence which demonstrates the entity known as the
INTERNAL REVENUE SERVICE is in fact, a registered entity, not to be
confused as the corporation registered in the State of Delaware circa 1933,
and firmly believe that the said INTERNAL REVENUE SERVICE cannot in fact,
make a valid offer of proof of its substantive existence other than a
private entity;
3. Fact: I, {{Your Name Here}}, have not seen or been presented with an
offer of proof of verifiable evidence which demonstrates that the INTERNAL
REVENUE SERVICE is anything other than a wholly private entity presuming to
act under color of law while at all times, masquerading as a duly
authorized government taxing agency for enforcement and collection purposes;
4. Fact: I, {{Your Name Here}}, have not seen or been presented with an
offer of proof, that any verifiable evidence is available to demonstrate,
the INTERNAL REVENUE SERVICE is exempted to comply with the letter of law
re Title 15 chapter 41 subchapter V 1962;
UNDISPUTED CONCLUSIONS
§1692g. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in
connection with the collection of any debt, a debt collector shall, unless
the following information is contained in the initial communication or the
consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt
of the notice,disputes the validity of the debt, or any portion thereof,
the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing
within the thirty-day period that the debt, or any portion thereof, is
disputed, the debt collector will obtain verification of the debt or a copy
of a judgment against the consumer and a copy of such verification or
judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the
thirty-day period, the debt collector will provide the consumer with the
name and address of the original creditor, if different from the current
(b) Disputed debts
If the consumer notifies the debt collector in writing within the
thirty-day period described in subsection (a) of this section that the
debt, or any portion thereof, is disputed, or that the consumer requests
the name and address of the original creditor, the debt collector shall
cease collection of the debt, or any disputed portion thereof, until the
debt collector obtains verification of the debt or a copy of a judgment, or
the name and address of the original creditor, and a copy of such
verification or judgment, or name and address of the original creditor, is
mailed to the consumer by the debt collector.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this
section may not be construed by any court as an admission of liability by
the consumer.
§1692h. Multiple debts
If any consumer owes multiple debts and makes any single payment to any
debt collector with respect to such debts, such debt collector may not
apply such payment to any debt which is disputed by the consumer and, where
applicable, shall apply such payment in accordance with the consumer’s
directions.
§1692i. Legal actions by debt collectors
(a) Venue
Any debt collector who brings any legal action on a debt against any
consumer shall—
(1) in the case of an action to enforce an interest in real property
securing the consumer’s obligation, bring such action only in a judicial
district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such
action only in the judicial district or similar legal entity—
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the
(b) Authorization of actions
Nothing in this subchapter shall be construed to authorize the bringing of
legal actions by debt collectors.
§1692j. Furnishing certain deceptive forms (a) Venue
(a) It is unlawful to design, compile, and furnish any form knowing that
such form would be used to create the false belief in a consumer that a
person other than the creditor of such consumer is participating in the
collection of or in an attempt to collect a debt such consumer allegedly
owes such creditor, when in fact such person is not so participating.
(b) Any person who violates this section shall be liable to the same extent
and in the same manner as a debt collector is liable under section 1692k of
this title for failure to comply with a provision of this subchapter
§1692k. Civil liability
(a) Amount of damages
Except as otherwise provided by this section, any debt collector who fails
to comply with any provision of this subchapter with respect to any person
is liable to such person in an amount equal to the sum of—
(1) any actual damage sustained by such person as a result of such failure;
(2)
(A) in the case of any action by an individual, such additional damages as
the court may allow, but not exceeding $1,000; or
(B) in the case of a class action, (i) such amount for each named plaintiff
as could be recovered under subparagraph (A), and (ii) such amount as the
court may allow for all other class members, without regard to a minimum
individual recovery, not to exceed the lesser of $500,000 or 1 per centum
of the net worth of the debt collector; and
(3) in the case of any successful action to enforce the foregoing
liability, the costs of the action, together with a reasonable attorney’s
fee as determined by the court. On a finding by the court that an action
under this section was brought in bad faith and for the purpose of
harassment, the court may award to the defendant attorney’s fees reasonable
in relation to the work expended and costs.
(b) Factors considered by court
In determining the amount of liability in any action under subsection (a)
of this section, the court shall consider, among other relevant factors—
(1) in any individual action under subsection (a)(2)(A) of this section,
the frequency and persistence of noncompliance by the debt collector, the
nature of such noncompliance, and the extent to which such noncompliance
was intentional; or
(2) in any class action under subsection (a)(2)(B) of this section, the
frequency and persistence of noncompliance by the debt collector, the
nature of such noncompliance, the resources of the debt collector, the
number of persons adversely affected, and the extent to which the debt
collector’s noncompliance was intentional.
(c) Intent
A debt collector may not be held liable in any action brought under this
subchapter if the debt collector shows by a preponderance of evidence that
the violation was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to avoid
any such error.
(d) Jurisdiction
An action to enforce any liability created by this subchapter may be
brought in any appropriate United States district court without regard to
the amount in controversy, or in any other court of competent jurisdiction,
within one year from the date on which the violation occurs.
(e) Advisory opinions of Commission
No provision of this section imposing any liability shall apply to any act
done or omitted in good faith in conformity with any advisory opinion of
the Commission, notwithstanding that after such act or omission has
occurred, such opinion is amended, rescinded, or determined by judicial or
other authority to be invalid for any reason.
§1692l. Administrative enforcement
(a) Federal Trade Commission
Compliance with this subchapter shall be enforced by the Commission, except
to the extent that enforcement of the requirements imposed under this
subchapter is specifically committed to another agency under subsection (b)
of this section. For purpose of the exercise by the Commission of its
functions and powers under the Federal Trade Commission Act [15 U.S.C. 41
et seq.], a violation of this subchapter shall be deemed an unfair or
deceptive act or practice in violation of that Act. All of the functions
and powers of the Commission under the Federal Trade Commission Act are
available to the Commission to enforce compliance by any person with this
subchapter, irrespective of whether that person is engaged in commerce or
meets any other jurisdictional tests in the Federal Trade Commission Act,
including the power to enforce the provisions of this subchapter in the
same manner as if the violation had been a violation of a Federal Trade
Commission trade regulation rule.
(b) Applicable provisions of law
Compliance with any requirements imposed under this subchapter shall be
enforced under—
(1) section 8 of the Federal Deposit Insurance Act [12 S.C. 1818], in the
case of—
(A) national banks, and Federal branches and Federal agencies of foreign
banks, by the Office of the Comptroller of the Currency;
(B) member banks of the Federal Reserve System (other than national banks),
branches and agencies of foreign banks (other than Federal branches,
Federal agencies, and insured State branches of foreign banks), commercial
lending companies owned or controlled by foreign banks, and organizations
operating under section 25 or 25(a) [1] of the Federal Reserve Act [12 S.C.
601 et seq., 611 et seq.], by the Board of Governors of the Federal Reserve
System; and
(C) banks insured by the Federal Deposit Insurance Corporation (other than
members of the Federal Reserve System) and insured State branches of
foreign banks, by the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act [12 S.C. 1818], by the
Director of the Office of Thrift Supervision, in the case of a savings
association the deposits of which are insured by the Federal Deposit
Insurance Corporation;
(3) the Federal Credit Union Act [12 S.C. 1751 et seq.], by the National
Credit Union Administration Board with respect to any Federal credit union;
(4) subtitle IV of title 49, by the Secretary of Transportation, with
respect to all carriers subject to the jurisdiction of the Surface
Transportation Board;
(5) part A of subtitle VII of title 49, by the Secretary of Transportation
with respect to any air carrier or any foreign air carrier subject to that
part; and
(6) the Packers and Stockyards Act, 1921 [7 S.C. 181 et seq.] (except as
provided in section 406 of that Act [7 U.S.C. 226, 227]), by the Secretary
of Agriculture with respect to any activities subject to that Act.
The terms used in paragraph (1) that are not defined in this subchapter or
otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12
U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the
International Banking Act of 1978 (12 U.S.C. 3101).
(c) Agency powers
For the purpose of the exercise by any agency referred to in subsection (b)
of this section of its powers under any Act referred to in that subsection,
a violation of any requirement imposed under this subchapter shall be
deemed to be a violation of a requirement imposed under that Act. In
addition to its powers under any provision of law specifically referred to
in subsection (b) of this section, each of the agencies referred to in that
subsection may exercise, for the purpose of enforcing compliance with any
requirement imposed under this subchapter any other authority conferred on
it by law, except as provided in subsection (d) of this section.
(d) Rules and regulations
Neither the Commission nor any other agency referred to in subsection (b)
of this section may promulgate trade regulation rules or other regulations
with respect to the collection of debts by debt collectors as defined in
this subchapter.
§1692m. Reports to Congress by the Commission; views of other Federal
agencies
(a) Not later than one year after the effective date of this subchapter and
at one-year intervals thereafter, the Commission shall make reports to the
Congress concerning the administration of its functions under this
subchapter, including such recommendations as the Commission deems
necessary or In addition, each report of the Commission shall include its
assessment of the extent to which compliance with this subchapter is being
achieved and a summary of the enforcement actions taken by the Commission
under section 1692l of this title.
(b) In the exercise of its functions under this subchapter, the Commission
may obtain upon request the views of any other Federal agency which
exercises enforcement functions under section 1692l of this title.
§1692n. Relation to State laws
This subchapter does not annul, alter, or affect, or exempt any person
subject to the provisions of this subchapter from complying with the laws
of any State with respect to debt collection practices, except to the
extent that those laws are inconsistent with any provision of this
subchapter, and then only to the extent of the inconsistency. For purposes
of this section, a State law is not inconsistent with this subchapter if
the protection such law affords any consumer is greater than the protection
provided by this subchapter.
§1692o. Exemption for State regulation
The Commission shall by regulation exempt from the requirements of this
subchapter any class of debt collection practices within any State if the
Commission determines that under the law of that State that class of debt
collection practices is subject to requirements substantially similar to
those imposed by this subchapter, and that there is adequate provision for
enforcement.
________________________________________
{{name}}
c/o {{address}}
{{city}}, {{state}} [near {{zip}}]
Certified Mail Number: {{certified mail number}}
Linda E. Stiff, #?? ,
AgentName, #? , IRSTitle,
c/o LINDA E. STIFF,
Acting Commissioner of Internal Revenue Internal Revenue Service
Room 5226
1111 Constitution Avenue, NW
Washington, D.C. 20224
Telephone:
Fax:
AgentName, #, IRSTitle
{{Mailing Address}}
{{City}}, {{State}} {{Zip}}
{{Date}}
RE:
Notice of Demand for Verified Assessment for Year {{2020}},
account # {{000- 00- 0000}};
Demand to Cease and Desist Abusive Collection Practices
Commissioner of Internal Revenue; Agent Name; To Whom This May Concern:
Commissioner, et al., “You” are herein demanded by the undersigned to
verify that
(1) You, and Your delegates’, collection activities and performances are
within Your official duties as the officer or employee or assignee of the
United States Government; and specifically,
2) You are demanded by the undersigned to cause to be prepared and produced
to the undersigned written verified assessment(s) concerning all alleged or
presumed liability and thereby, outstanding debt for any and all taxable
years currently in question re account # {{000- 00- 0000}}, including, but
not limited to, calendar year {{20–}}; and, {{20–}}) You are hereby
noticed: You are not authorized to present yourself, or cause your delegate
to take the liberty to appear at My dwelling(s) or work place(s) as such
practice gives cause to intimidate Me, causes Me to suffer undue duress and
distress and is absolutely unnecessary. Such presumptive and thereby,
summary liberties are by their nature, abusive collection practices and
recognized as such pursuant to U.S. federal and {{Your State}} state law.
3) You are herein noticed that until You have duly provided to Me the
herein referenced verified assessment(s) for any and all alleged liability
and therefore alleged debt that all further activity by You or Your
delegates, including, but not limited to, failed reimbursement of prior
under color collections having not been verified by assessment, or the
continued abuse of the collection process pursuant to Title 15 of an
unverified liability or debt, is willful and abusive practice and
categorically willful and direct violation of U.S. federal law and {{Your
State}} state law; and,
4) You are noticed that henceforth, I authorize You to contact Me only by
mail at the mailing address above; and,
5) You have 30 business days to act in accordance with this demand
requiring substantive due process pursuant to Title 15 and in accordance
with the Fair Debt Collection Practices Act.
I anticipate Your timely cooperation in remediation of the aforesaid
alleged liability(s) and debt(s), the immediate cessation of abusive
practices by You and Your delegates, and the appropriate prompt return of
all personal property plus interest.
Notice to agent is notice to principal; notice to principal is notice to
agent.
_________________________________________________
{{Full Name}}
cc:
{{Name of USAG}}, Acting Attorney General, U.S.
{{Name of state AG}}, {{Your State}} Attorney General
{{Name of DoR director}}, Director {{Your State}} Department of Revenue
Here is the affidavit I am sending.
AFFIDAVIT By
VERIFIED DECLARATION
{{Your State}} State)
{{Your County}} County)
(notary seal) ) ss
)
)
For: Whom it may concern: In the Matter for {{Your Name Here}}, including
any and all derivations and variations in the spelling thereof.
WHEREAS, the public record is the highest form of evidence, I, {{Your Name
Here}}, am hereby timely creating for the public record by this Affidavit
and by Verified Declaration within in the jurisdiction of {{Your State}}
republic and the united States of America.
PLAIN STATEMENT OF FACTS
1. Fact: I, {{Your Name Here}}, have not seen or been presented with any
substantive ofer of proof or evidence which demonstrates that, primarily,
the entity known as the INTERNAL REVENUE SERVICE is anything other than a
foreign entity, having its origin and headquarters in the territorial
jurisdiction of the territory of Puerto Rico and thereby, being nothing
more, than a mere rogue collection agency employing agents to operate in
the nature of privateers , while at all times, said agents are encouraged
to presume to employ collection/prize measures in the form of Marque and
Reprisal i.e. pillage and plunder in the said agent’s private and thereby,
personal capacity for the express purpose to unjustly enrich themselves;
2. Fact: I, {{Your Name Here}}, have not seen or been presented with any
substantive offer of evidence which demonstrates the entity known as the
INTERNAL REVENUE SERVICE is in fact, a registered entity, not to be
confused as the corporation registered in the State of Delaware circa 1933,
and firmly believe that the said INTERNAL REVENUE SERVICE cannot in fact,
make a valid offer of proof of its substantive existence other than a
private entity;
3. Fact: I, {{Your Name Here}}, have not seen or been presented with an
offer of proof of verifiable evidence which demonstrates that the INTERNAL
REVENUE SERVICE is anything other than a wholly private entity presuming to
act under color of law while at all times, masquerading as a duly
authorized government taxing agency for enforcement and collection purposes;
4. Fact: I, {{Your Name Here}}, have not seen or been presented with an
offer of proof, that any verifiable evidence is available to demonstrate,
the INTERNAL REVENUE SERVICE is exempted to comply with the letter of law
re Title 15 chapter 41 subchapter V §1962;
UNDISPUTED CONCLUSIONS
On Thu, Jul 8, 2021 at 3:08 PM Ray Greninger <dmarc-noreply@xxxxxxxxxxxxx>
wrote:
The trustee can’t say something like “the estate does not wish to be
surety for the security.”
You’re right they can’t bill the man so they make up an entity, JOHN H DOE
and hope you will pay. It’s already payed for (Lieber code)so they are
double dipping.
On Jul 8, 2021, at 12:07 PM, Alla Miyets <dmarc-noreply@xxxxxxxxxxxxx>
wrote:
Ray,
How do you rebut their presumption that you are a trustee for that name?
The hospital (entity)can't bill you (man/woman) as in commerce they do not
see wo/man.
On Thursday, July 8, 2021, 01:59:13 PM EDT, Ray Greninger <
dmarc-noreply@xxxxxxxxxxxxx> wrote:
Commerce is trade between fictions. Law of the sea.
Hospital bill-to whom or what is the statement addressed? It’s always a
fiction. Do you believe you should pay the bills of a fiction? If you are
trustee the answer is yes, but did you agree to be trustee for your own
estate? where did you do that? Yes, you got the service, but they didn’t “
bill” you, did they? They billed”it.” Why? Because it is your labor that
underwrites this whole system. How could they claim the man from whom all
value comes owes anything? It’s absolutely nuts, kooky, madcap but that’s
the system you are dealing with.
On Jul 8, 2021, at 11:01 AM, Charley Dan <charleydan@xxxxxxxxx> wrote:
I participate in using dollars, promising delivery, posing obligations.
The issue with fiat currency is in that the United States is not the
printer but private bankers. But what does this have to do with paying a
hospital bill
On Thu, Jul 8, 2021 at 10:47 AM Ray Greninger <dmarc-noreply@xxxxxxxxxxxxx>
wrote:
You can’t pay for anything. all you can do is shuffle paper promises to
offset or discharge. FRN is just one way to do that. We can’t NOT
participate in this scheme unless we only trade in specie. Try that on
Amazon, you won’t get very far.
On Jul 8, 2021, at 10:32 AM, Charley Dan <charleydan@xxxxxxxxx> wrote:
True, so what?
On Thu, Jul 8, 2021 at 10:26 AM Ray Greninger <dmarc-noreply@xxxxxxxxxxxxx>
wrote:
All commerce is paper. Anything you sign has value. Everything in commerce
is a fiction based on a promise. Any corporation can turn a signature into
“money.” Doesn’t matter if it’s gov or a corporation it’s all the same. Our
signature is what gives the paper value.
On Jul 8, 2021, at 8:38 AM, Charley Dan <charleydan@xxxxxxxxx> wrote:
Taxes is one thing. Hospital bill is another. So explain a bit more on
that. Hospital is a private business. Even if incorporated. You signed into
the hospital. Then what? Because if one can write off a hospital bill. Why
not utility bills? Or groceries? Try to explain further
On Thu, Jul 8, 2021 at 8:23 AM Ray Greninger <dmarc-noreply@xxxxxxxxxxxxx>
wrote:
Charley, everyone is still talking as though “they” don’t owe that tax. WE
don’t owe anyone in gov anything, the debtor does. For whatever reason
people get into trouble because they have somehow put themselves into the
position of surety for the debtor, or they think they have. It looks like
they go after the man because they figure you are the trustee and it’s your
job to settle the account. I don’t know if it matters whether or not you
are in their jurisdiction it’s your estate and you haven’t assigned a
trustee so they figure you are that guy. What I did worked, I think, is
because I told the hospital that the estate did not wish to be surety for
their securities. It’s my estate and they know it. Only I can speak for it.
Everything you sign is a security. I’m guessing here, but, that probably
forced them to go to the United States and press them to cover their
obligation. The point is the sovereign doesn’t owe anything and they know
that. They are just looking for the “tax payer” and they figure they can
con you into that role. I don’t think it’s about jurisdiction over you so
much as it’s about jurisdiction over the debtor. For some reason people
have a tough time wrapping their heads around that.
On Jul 8, 2021, at 3:41 AM, Charley Dan <charleydan@xxxxxxxxx> wrote:
I know many who have done that including me. Just stopped paying.
Afterall I was not paying property taxes already. My great uncles saw to
that. Very few get called in on income tax by just not paying. What
happens if your one of the few? Chaulk it up to just the chosen one? What
is the back up plan?
For those who use their codes and do not pay? Never seen any success at
all from it. No matter how sensible it was interpreted by the common man.
Even the sound statement; "Show me the law" is left up to a jury of twelve
to decide. Some win, some lose. I've not lost yet.
I'll still stand on the basis I'm not in your jurisdicton and I've got
the proof. As a son of a sovereign who created the constitution and stated
I'm not involved in it. It tells me your United States limitations. Why
would I use any thing created from their forward in time of history? It is
just admitting I'm not a sovereign. I'm part of the system. I'm a United
States citizen. No thanks
On Thu, Jul 8, 2021 at 3:04 AM Jb <tf4624@xxxxxxxxx> wrote:
And the call ins are where ?
I worry not about any section. I don’t pay any of the voluntary taxes.
Point is folks stop paying it already!
On Jul 8, 2021, at 3:55 AM, brian (Redacted sender "bhaz2" for DMARC) <
dmarc-noreply@xxxxxxxxxxxxx> wrote:
Also, you will notice that in that 3rd paragraph, the IRS states that
their legal right to inquire about your taxes falls within Title 26 USC
Sections *6001, 6011 and 6012(a)*, (*and NO OTHER Section* -emphasis
mine!) Study ONLY those 3 sections!
So, if you get ANY letter from a lowly IRS Agent (NOT the Commissioner)
and they mention ANY OTHER IRC Code (Title 26) Section outside of Sections
6001, 6011 or 6012(a), then it is ILLEGAL for them to inquire! Know too,
that Title 26 comprises Sections 1-6999.
Title 27 USC (for the IRS) begins at Section 7000 and up, HOWEVER, Title
27 USC is *ONLY for Alcohol, Tobacco and Firearms!* Sweeeeeeeet, eh!?!
Get in on Cary's Tuesday night call-ins at 7:30pm - 9pm CST, to learn what
you wont ever learn anywhere else!
peace, all!
b
On Wednesday, July 7, 2021, 3:18:54 PM HST, Rick Paris <
dmarc-noreply@xxxxxxxxxxxxx> wrote:
Thank you for the info everyone!
On Jul 7, 2021, at 3:16 PM, Rick Miller <ricky520057@xxxxxxxxx> wrote:
I am familiar w/all that. Just thought the guy that asked for the
information was not sure where to look.
On Wed, Jul 7, 2021 at 2:03 PM ejartz <ejartz@xxxxxxxxx> wrote:
Rick,
I think what carries referring to is the 1040 instructions. There's a page
called disclosure, privacy act, and paperwork reduction act notice, and it
used to be on page 100, but the last two years they moved it to 105 and
108. Just by scanning through the instruction manual between pages 100 and
108. The statement he usually refers to is in the first column, third
paragraph and it's the first two or three statements. And what a refers to
is the IRS has the legal right to ask for a returner statement and then
they go on to mention something about filing. What you need to do is go to
Black's law dictionary and look up the definition of file. You'll be
surprised what it is
On Wed, Jul 7, 2021, 1:24 AM Rick Paris <dmarc-noreply@xxxxxxxxxxxxx>
wrote:
Does anyone know what page and paragraph of the 1040, where Cary points
out where he spoke in court about Statements and files, (filing)?
With Life, Liberty, and Happiness,
Rick Sousa
rickparis23@xxxxxxxxx
With Life, Liberty, and Happiness,
Rick Sousa
rickparis23@xxxxxxxxx
--
Life in one word--LOVE
--
Life in one word--LOVE
--
Life in one word--LOVE
--
Life in one word--LOVE
