"Your Ignorance of the IRS is Their Weapon
Against
You"
from "In Defense of Rural
America"
By Ron Ewart,
President
National Association of Rural
Landowners
and nationally recognized author and
speaker on freedom and property rights issues.
©
Copyright Sunday, September 22, 2013 - All Rights
Reserved
As published on
Newswithviews, September 18, 2013
This article is also
available on our website at:
"The more expansive government is, the more perils
people face in their daily lives, be it from IRS agents or from child support
services, or from other agencies that often have little or no legal restraints
on their power. James Bovard,
author-columnists
"The IRS
does not prevail against citizens because the agency adheres to the rule of
law... the IRS prevails against citizens because the agency ignores the law,
twists the meaning of the law, and overwhelms the citizen with economic and
legal burdens." -- Joseph Banister,
former IRS agent.
While Syria sweeps everything off the
front page of the news, Putin makes the weakened Obama dance like a puppet
and Kerry jets around the world chasing chemical weapon rainbows, the IRS
is still arrogant, abusive and out-of-control and boy, have they got most Americans "snowed". Like all
governments, courts and attorneys, they all make the process so complicated,
only the elite few, attorneys and those who take the time to research it,
know the law.
The IRS is no different. With
tens of thousands of rules and regulations, much of it complicated and error
filled and much of it being in direct conflict with itself, the
average individual is putty in the hands of an IRS agent. They can only
lay down and let the IRS run all over them and run all over them they
do.
Since our article entitled,
"Probing Eyes On IRS Lies" first aired last Wednesday,
our e-mail has filled up with not only horror stories, but a lot of useful
information as well. Much of that information will be or has been uploaded
to our website HERE after we determine its credibility. The stories
tell the tale of an IRS that cares not what it does, just so long as it instills
fear and absolute obedience into the hearts of all American
taxpayers. Here is one such story:
"I had an issue with the IRS several years
ago. They ‘claimed’ I owed them some $8,000 dollars. They sent a
‘notice of levy’ to my employer and of course the employer rolled over and
started stealing my earnings and giving it to the IRS. But a person
is entitled to certain deductions. In my case being single, I was entitled
to enough to pay rent, to buy food, to repair and maintain my auto, to even pay
for healthcare and laundry. Nevertheless, I had to ‘quit’ to stop the
ongoing theft. They kept taking my earnings past the
$8,000. They said they ‘had to’ until they were sent a ‘notice to
stop’. That’s extortion, plain and simple."
Here's another story:
"The IRS accused me of
earning a huge unreported income that was not true, and they would not believe
the true story, even though I provided lots of good testimony. This went
on for 9 years, putting up with constant threats and having my bank account
stolen three times. At one point I challenged them to prove I owed all the
money they claimed and then after a few months time they wrote off everything
except a few hundred dollars. But a short while after that, we began to
receive $5,000.00 penalty letters. My wife received 7 letters and I rec'd
6, 13 total. I finally settled with them with an offer in compromise for
$5,000.00."
The taxpayer, having no other
recourse, agreed to pay the IRS $5,000, just to make it go away. The IRS
is ruthless, arrogant and persistent, even when they are wrong.
They don't even obey their own law. However, if that taxpayer had availed
himself of the information that is out there on how to challenge the IRS, he
might have prevailed. Ignorance can be costly.
We talked at length over the
telephone with a Frank Kowalik on his experiences with the IRS. They
sentenced him to jail for 2 years and a $20,000 fine for failing to
file. They then yanked him out of jail after 7 months and flew him
to Denver to stand in front of a judge. The IRS wanted their $20,000
fine and wanted him to sign a payment schedule. He offered them one
penny. After wrangling with the judge in court a couple of times, the
judged angrily dismissed the IRS case against him. From his
experiences he wrote a book entitled "IRS
Humbug." Excerpts from that book appear on the Resource Page of our Attack Watch Spies
website. We have also uploaded to the Resource Page,
or included in our "The IRS Investigator" newsletter, some of our
own correspondence with the IRS, including copies of affidavits, letters and
Freedom of Information Act requests in PDF format. Something on one or
more of these pages may prove useful in your own challenge to the IRS. Any
personal information from these documents has been redacted.
Yes, those with the courage to
research and challenge the IRS on the law are winning. The law trips up
the IRS on numerous occasions because, like all government agencies, they
fail to follow their own law.
There are certain things a taxpayer
can do to protect him or herself from the IRS by what they say in
correspondence to the IRS. Never, ever talk to the IRS in person, or over
the telephone. Always conduct any communication with the IRS in writing
and get them to communicate with you in writing. Also, request that
they sign any letters or other communication to you, "Under Penalty
of Perjury", as they request you to do on your income tax
forms. Never believe anything they say to you in person, or over the
telephone, as they will deny ever having said it, if push comes to shove.
Whether over the telephone or in person, they will purposely try
to lead you into saying something that will incriminate you in an
error, or God forbid, a crime. You will have inadvertently waived your 5th
Amendment rights against self-incrimination and they will take full advantage of
it. Remember, this is an adversarial relationship between you and
the IRS. You must consider them to be the enemy. To do otherwise is
to do so at your own peril.
The law of the IRS is contained in
Title 26 of the U. S. Code. But the IRS is also governed by and subject to
the Uniform Commercial Code. In
communicating with the IRS and to preserve your 5th Amendment rights against
self- incrimination, we suggest using the following
paragraphs:
Please be advised that we
reserve all of our rights under the Uniform Commercial Code at UCC I-103
and I-308 and any and all other rights under law or at equity.
(b) Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.
UCC § 1-308. Performance or Acceptance Under Reservation of Rights.
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.
Be advised that we will hold the IRS to strict compliance with the "IRS Tax Code", "The Uniform Commercial Code" (UCC), "The Restructuring and Reform Act of 1998", the "Fair Debt Collection Practices Act" and "27 CFR § 72.11."
We also strongly suggest that
you sign any correspondence to the IRS, immediately under the
following statement: "Without Prejudice under UCC
I-308." This will serve to preserve and protect your 5th
Amendment rights and also the right to a court trial in
a constitutional Article III court, not the tax court. The IRS
tax court is nothing more than a dance with Kangaroos, where the Kangaroos
lead.
Here is an update on our own
difficulties with the IRS. We filed a Freedom of Information Act (FOIA)
request with the IRS requesting any documents that contained our name regarding
our Calendar Year 2011 Income Tax Return for use in a lawsuit. Under 5 USC
Section 552, the FOIA law, the IRS failed to timely respond to our
request. We have sent them a Certified - Return Receipt Letter (C-RRR)
accusing them of being in violation of federal law. We have also accused
them of violating federal law in assessing a $10,000 penalty, plus interest,
against us because they failed to respond to a legal affidavit
that indicated we would comply with their demand after they
responded to a set of conditions. The IRS never responded to
that Affidavit. Our affidavit was in full compliance with the law, which
they ignored. We have uploaded a copy of our Affidavit and our
current letter to the IRS to our website HERE.
We have now filed a second C-RRR letter with the IRS stating that if they
have not cancelled the $10,000 penalty assessment against us, we will file a
formal criminal complaint with the U. S. Attorney General's office and the FBI,
alleging violations of federal law and file a lawsuit against the IRS in U. S.
District Court alleging a laundry list of IRS violations.
E-mail us your story or experiences
with the IRS, especially positive ones. We will redact any personal
information from the material you send us, if we decide to share it with our
readers or viewers of our website and/or subscribers to our Newsletter.
E-mail your information to info@attackwatchspies.com, or mail it to the address shown on the Conact Information
Page on the website HERE.
Several years
ago we got a call from an attorney who said his client was mad at us
and he wanted “X” number of dollars.
The amount was relatively small and we agreed over the telephone to pay
it because it would have cost more to hire an attorney. When we hung up the
telephone we realized that we had just been “blackmailed” by an
attorney. We immediately fired
off a strong letter to the state bar association claiming we had been the
victim of coercion, blackmail and extortion by one of their attorneys. We never heard from the attorney
again. Like the attorney that tried to
blackmail us, we don’t back down from an obvious injustice, much less
harassment, extortion, or unlawful acts against us, even if it is from the
government.
Ladies and gentlemen, if you fail to
understand the law and your rights under the law, you are, or will become, a
victim and a slave to the IRS, or any other government agency that decides
to exert unconstitutional power over you. Where the IRS, or any other
government agency is concerned, a little knowledge could set you
free.
Once
again, we make no warranties, express or implied, that the information
presented here, or on our website, is accurate in all respects. It is the
sole responsibility of the reader or taxpayer to verify the information
for his or her own particular situation. The material provided
is for information purposes only and there is no attempt by the author to
provide legal or accounting services to anyone whatsoever. Under no
circumstances are we advocating that any taxpayer break the
law.
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