Tax Court Help

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  • William Quilhot

    I only know Mr Stilley by his blog. I sent in the visitation paperwork to the prison. I’ve not received any clearance but they have suspended all his visitation rights for 90 days so there is not rush. I am doing all I can think of to get this injustice before the public.

  • William Quilhot

    Mr Venible

    Ignorace is bliss and I have spent the last 50 years very happily. Recently I have heard about Mr Stilley. What they did was wrong but how they did it was even worse. I can’t turn my back on a man with that much character.

    I have never had any contact with prisoners or prison officials. I blindly trusted the system. Now I am seeing reports from many different people in many different areas. That “Innocence Project” is amazing. 290 citizens freed from federal prisons who never committed a crime yet were incarcerated for years. Their appeals denied. Government lawyers hiding facts. The judicial system stacked to make convictions, not to promote justice.

    We are in a deep hole.

  • Sad state of affairs for both the Hendricksons and the Nation, Hal!

  • Birgit

    I can still hear the echos of : IT COULD NEVER HAPPEN HERE

  • TheUnnamedActor

    In case you haven’t seen it yet, the film producer Aaron Russo has a free flick
    on YouTube named “America:Freedom to Fascism”. It is a must see, and it is
    very critical of the IRS and the Federal Reserve. Did you know that the 16th
    Ammendment, which created the IRS, was never properly ratified by the States ?
    And that there actually is NO WRItTEN LAW that says you must pay income tax ?
    The IRS operates entirely by threats of imprisonment and strong arm thuggery
    at the point of a gun if you don’t comply.

  • Nice write-up, Lysander. I think it would benefit from the additional observation that actually, there need be no hedging about the correctness of what I present in ‘Cracking the Code- The Fascinating Truth About Taxation In America’. The IRS and dozens of state tax agencies have acknowledged it tens of thousands of times over ten years now– the whole of the time they have been trying to frighten people away from the book by very public attacks on me (and now on my wife).

    Visit http://losthorizons.com/BulletinBoard.htm and you’ll see why what’s going on here is going on. Visit http://losthorizons.com/comment/archives/WhyItMatters.pdf to get the deeper picture.

  • D Bro

    While I appreciate your book the respectful comment by Greg Hobbs is more the approach most want to take. If the government has the right to talk to me, prove it. Would it be possible to ask Greg Hobbs to come and do a show on the internet maybe with Angela Stark who helps imprisoned political prisoner, Irwin Schiff. I don’t know if anyone recalls but when Steve Miller of the IRS was under oath and Representative Beccera talked about getting the people to volunteer their income tax and Steve Miller agreed it was voluntary. This short sentence speaks volumes. This video is still up on U-tube as I saw it yesterday.
    “A free people and the IRS cannot coexist.” Bob Minarik.
    Thanks for all you do.

  • Chris H

    Lysander,
    I realize you’re a fan of Bitcoin, and I’m not.
    However, I ran across this article today, which was of interest to me:
    http://personalliberty.com/2014/01/07/bitcoin-the-sexiest-non-solution-of-all-time/
    What do you think about what this guy says?
    … Chris

  • Javier Gonzalez

    How about a flat NO to any kind of taxes??? No man has the right to take another’s property, period.

    Until we stand up to tyranny, we will continue to be slaves!!

    The only way to free yourself from the chains of slavery is to realize that you are being tricked into believing you are something that you are not.

    No thyself!! Do you know who you are??

    Regards,

    Javier

  • Chris

    LV,
    How do you know RP’s ‘Flat Tax’ is a ‘direct tax’?
    I attempted to get an answer out of him on what kind of tax it is, and what authority he has under the constitution to levy it, and he answered me with *silence*. I also noticed he promised to ‘save us’, from the IRS, but he made no mention of returning to “gold and silver coin a tender in payment of debt” and abolishing the fiat money system. Until that tyranny is ended, no tax change will make any difference.
    What facts do you rely on that inform you what what kind of tax RP’s proposed tax is?
    Thanx … Chris

    • Lysander

      Whether it is a direct tax or not, and the Brushaber court made it clear that it is indirect, it is now being enforced as a direct tax against the labor of Americans. Rand Paul’s proposal for a single rate of tax will not change the nature of how it is being enforced. Any mention of whether the tax is direct or indirect in Tax Court will be shouted down with threats of frivolous penalties. It is the “Fair Tax” that would be a distinctly indirect tax on consumption. It would be superior in every way to our current deceptively enforced system.

  • Thank you. This is who and what we must never forget, our modern day heroes: Irwin Schiff, Aaron Russo, Doreen Hendrickson, Ed and Elaine Brown, Gatewood Galbraith, Dick Simkanin, Oscar Stilley, Chelsea Manning, Julian Assange, Edward Snowden, William Binney, off the top of my head.

  • My wife is a retired school teacher. I am on social security.
    state FTB in California is garnishing us. They ignore all we have submitted to them showing we do not owe the tax they think we do.
    Any suggestions on how to stop a state garnishment? We have no lawful obligation to them and have provided to them code, regs, constitution, on and on. I do not think they read what we submit to them. It is easier to use form letters and lien and levy.

    • Lysander

      I would have to know more about your case to be able to comment on it. You can reach me at lysandervenible at startmail dot com.

    • Terry

      I am having the same done to me and my family. After I read “Cracking the Code” by Pete Fredrikson, I filed my taxes and received full refunds from the state and feds. So, I then submitted corrected forms for the previous 9 years seeking refunds of taxes no properly due. The IRS tried to audit me, the state of California fined me 5000 for frivolous returns and tacked on an additional 5000 and sent my employer a form 2905 (no signature or validation what so ever)ordering them to garnish my earnings for 25689 and my ignorant employer complied even though I asked them to request validation and authorization from the FTB but they refused and stated the matter was between me and the STATE!But they still complied to a fraudulent ORDER when a form WG-022 is “Adopted as mandatory” by the Ca Judicial council. I have sent numerous communication without response also! What is there to do? I have been garnished for over 35000 dollars for two years of taxes? Pretty excessive in my book. The State of CALIFORNIA is out of control!!! I am in foreclosure, cannot afford an attorney and my wages are garnished at 1300 a month at least and more when I work over time. I have seen over 900 taken from a bi-weekly pay check because I worked over time. I am presently paying the second such EWOT which is exactly the same as the first on only lesser amount of 18960 dollars. When I get this paid off I am going to file suit against my employer and the FTB!! DAMAGES galore too!!

  • James Hays

    For payment of work done by private contract, Nonemployee Compensation was an expense to a corporation and reported on a 1099 for which a NOD was issued to a natural person. No taxable privilege was exercised. No federal gross income was received & No return filed. IRS intimidated a petition to USTC within 90 days. Now what?

    • Lysander

      Hello James,
      Although I have written a book about it, I do not recommend tax court for guys like you who know the truth. How long ago did you get the NOD? and have you filed a 1040 return? Your answers to those questions will determine your options at this point.

      You can reply to me at lysandervenible at startmail dot com.

  • i am a christan and am appaled at how the prison officials murderd mr. shiff.
    especially thru crimminal neglect of hie medical needs.
    just so did they treat the apostle paul. he was much beaten and tortured by the roman guard until they actually killed him.
    but we know that there is one who will bring final justice to all.
    in the end those who either directly on indirectly were the cause of torture and death of irwin shiff and others and the godless judge who knew mr. shiff was right but sentenced him any way.
    must deal with a holy and just god.
    i believe in the end every man will get his just deserts that is a divine promise.
    you will not find justice here on earth because all are corrupt.

  • Alvis Jenkins

    Irwin Schiff is my hero for showing me back in 1998 how to stop paying federal income taxes, simply because the Constitution protected me from a direct tax and that the IRC had no provision by section in all of the subtitles that made me “made liable” for the tax. See also the “Index” to 26 U.S.C. under the caption of, “Liability for tax”, and you will not see “Income” listed as being liable for tax.
    Over the many years I have studied 26 U.S.C. and its “implementing” regulations, many court decisions and the IRM.
    For me the Tax Code is very plain and simple. Subtitle A has no provision by section that makes anyone “made liable” for the tax and subtitle C provides for withholding on federal employees (section 3401(c))employee defined, [ non-federal persons excluded] and at section 3402(p) where the federal employee can pay the tax by making a voluntary agreement with the employer to have tax withheld, or the federal employee can choose to not be made liable at section 3402(n). Sections 3403 and 3404 describe that the Government and its governmental employers are liable for collection, making a tax return, and payment of tax.
    How simple it is but most people will not take the time to check out this simple fact of law and had rather remain ignorant and pay the tax for fear that they might be prosecuted if they do not pay the tax. The IRS grins from ear to ear!!!

  • Alvis Jenkins

    Here is some useful info for those persons that have had their property seized (unlawfully) by the IRS for nonpayment of income tax.
    The following info proves that the income tax of subtitle A of 26 U.S.C. has never been mandated by law:

    The IRS is known for filing so-called notices of federal tax liens with county clerks of the circuit courts for persons that have been alleged to owe unpaid income tax by demand and went unpaid. This is problematic because the statute of section 6321 is implemented by regulation, as noted at GPO Access in the parallel table of authorities, for which 27 C.F.R. Part 70 controls. The IRS will cite in notices to the public for its auctions, that 26 C.F.R. regulations control which is absolutely false. After the IRS has filed what is actually a bogus notice of federal tax lien, it will notify the alleged taxpayer that it has intent to levy any personal property for the unpaid tax. However section 6331 (levy statute) is also regulated by 27 C.F.R. Part 70 in the parallel table of authorities. 27 C.F.R. Part 70 concerns alcohol. tobacco and firearms taxes. There is no 26 C.F.R. regulation listed in the parallel table of authorities that give either 6321 or 6331 authority to lien or levy for unpaid income taxes. So simple!!

  • Alvis Jenkins

    STAY OUT OF TAX COURT…..unless you are engaged in a trade or business with the United States.

  • I’m so glad I was looking for you Lysander-I didn’t know about Irwin Schiff passing away. It is a shame what they did to him all his life not to mention these last years in prison. I agree with the writers above, one day God will make all things right. Woe to them. I’ll be in touch with you Lysander.
    Betsy (we met at Federal Court in Detroit)

  • george

    How long is a lien good for after the year in question?

    • Lysander

      Usually until the collection statute expires, 10 years from the date of assessment.

    • Alvis Jenkins

      George: I see it is now just over a year since seeing your predicament with the IRS. Here is something you apparently did not know about the lien or levy of 26 U.S.C. The lien and levy are “controlled” by regulation which is provided by the United States Government Printing Office in a table of parallel authorities. The regulation that controls both the lien and levy is 27 C.F.R. Part 70 which is only for unpaid and delinquent alcohol, tobacco and firearms taxes, not income taxes. The IRS is notorious for citing a 26 C.F.R.regulation which has no force and effect of law since it is not found in the parallel table of authorities. This action by the IRS is known as acting “under color of law”.

  • Roy

    Lysander, is there anything that can be done after the collection has started on a Notice of Levy.I’m a retired union boilermaker and I retired in March of 2013 well in June of 2014 the Boilermakers Bank started withholding from my pension check and sends the money to the IRS after they had received a Notice of Levy in April 2014 and honored it. Just so you know this all stems from not filing 1040’s and going “exempt” on the private sector construction jobs I worked on.I realize this is not much info but I’m sure you get the gist of it. I would like to be able to send a letter to the Boilermakers Bank Pension Manager and hopefully resolve this matter, I have no intention of going on an “Offer in Compromise, either I’m “Liable” or I’m not and I want the IRS to show me where I am liable. Thank You for your time.

    • Lysander

      There are a few ways to stop or reduce the size of a levy, but you are so late in the game that you are unlikely to be able to simply stop it without paying. Contact me at lysandervenible at startmail dot com if you would like to discuss it.

  • wayne amos

    ive got CTC book and have been thinking of doing my 13,14,15 returns that way. am small business on 1099 from company, had nothing withheld for those periods. there would be no refunds requested. any thoughts on this matter would be welcome. ps: nice A Stark show

    • Lysander

      Mr. Hendrickson claims that thousands of people use his filing method and receive refunds every year. I, however, have never met one. There are ways that my clients deal with the problem of filing, that I believe are safer, and more effective than filing CtC returns.
      Contact me for details. lysandervenible at startmail dot com.

  • Roy

    How does one have a Notice of Lien and Notice of Levy removed from the files without filing past 1040 forms etc. I am being levied on my retirement acct through the Boilermakers Pension and I have requested a copy of the actual Levy form 668-B through FOIA request and received a letter stating “For tax years 200812 through 201312. I found no no documents specifically responsive to your request. I don’t know exactly what kind of letter I can send to the boilermakers bank to get this Notice of Levy removed and start getting my full check like I am supposed to. Thank you for your time, Roy

    • Lysander

      The courts no longer require the IRS to issue actual levies. A “Notice of Levy” is sufficient, though utterly unlawful. Unfortunately, the courts will not require that the source of their salaries be lawfully collected.

    • You made this content smart and very engaging and I think that’s great. This is wonderful reading material that’s good for anyone that likes to read inoramftional articles. Thank you.

  • Max

    I am a single man with zero dependents…filed my taxes in 2015 for the tax year 2014. I received a 100% refund…including Social Security and Medicare…I also received 100% return on my State taxes. I filed the “other” tax form…but I did it properly. My brother did the same…he also received a 100% refund (single Zero dependents).

    I have read the book “Cracking the code”…that book is nonsense. Irwin Schiff (God bless him) was an idiot…he knew a lot about taxes but he didn’t know who he was…which got him into prison. I suggest that if anybody tries anything….read the instructions very carefully and study their forms. Many times it is not about what is in their forms…but rather about what is “NOT” in their forms. Throughout the last 8 years of me studying this stuff…I found out that the government id not corrupt…the people are corrupt and they are mentally depleted. That is why people are suffering. “My people are destroyed through lack of knowledge”.

  • Jerry

    Your article did not answer the question, “Can someone be forced to sign an affidavit?” and If so forced, is that contract enforceable? The obvious answer is no and no, but how does one cause the IRS to observe and comply with that legal principle? Can you answer that? I was “assessed” civil penalties up to $44,000.00 possibly (they will not make a clear allegation) for withholding signatures and modifying jurats AFTER contacting IRS in a recorded call and asking them if they could legally force my signature and AFTER they, in that call, refused and failed to answer that question.
    What if I simply send a demand for IRS to disclose whether or not any law requires me to file, giving them 30 days to respond?
    PS.: Lysander, who are you, what are your affiliations (IRS?) and what are your full contacts?
    Thank you,
    Jerry

    • Lysander

      Affidavits must always be voluntary to be valid. That’s one of the ironies of current tax mythology. Our masters allege we MUST under threat of criminal penalty, file an affidavit about our “income.” This alone places the alleged affidavit on shaky legal ground. However, they go so far as to claim they can either alter the facts we state on our affidavit based on nothing but third party hearsay, and that they may even make one for us if we refuse. Such notions are foreign to our legal heritage.

      As to an assessment against of civil penalties against you, I’ve seen it done many times. The Service never says what exactly is being penalized. Never identify a “position.” Never meet their burden of proof. The courts back up their unlawful application of this penalty without question. See Lee, Crites, O’Brien, for examples.

      Substitutes for return are also fraudulent. The mechanism is too complex and well hidden to discuss here, but “substitutes for returns” for “1040 taxes” are a product of computer record falsification and manipulation of the Master File using the unguarded Non-Master File.

      Your idea about sending a simple disclosure of your revenues and demand for a determination of tax is a very interesting one. Many people I work with are doing just that with some very telling results. Once again, it’s too complex an issue to cover here, but contact me at lysandervenible at startmail dot com if you would like to discuss it further.

      As to your last question, my mailing address appears on this website. I am not affiliated with the IRS in any way except as a victim.

  • David Gornik

    One would think that a well-researched and objective reading of the plain language of the statute would be all that is needed to prevail in tax court. It’s hard for the referee to hear the whistle when he’s got his hands over his ears. Best Regards

    • Lysander

      One would indeed think that, David. The many ambiguities in the Code would be interpreted in favor of the taxpayer as well. The defined terms would have limited special meanings. The taking of property would require due process of law, sworn testimony, and legal warrants of distraint. The tax court needs none of that. The tax court has its collective hands clapped soundly over its ears and is making motorboat noises to make sure it doesn’t hear you if you suggest that you are not a slave and that there must be a law making you liable.

      Your comment is waiting for approval means I read them before anyone else, and approve, edit or disapprove them as I please. The tyranny of the webmaster.

    • joseph-alan

      If you choose to introduce a statute in an administrative tribunal such as U.S. Tax Court, you must do two specific things. 1. The statute you wish to introduce as evidence must be obtained from a national archive library and it must bear the seal of the archivist. This document will be printed on bond paper and it must be entered into evidence so that the “judge” and the opposing party has opportunity to examine it. 2. You must be present at court and read it into evidence. You must read it aloud in open court. The “judge” may try to interrupt you and shut you up. You must insist on your right to make a record. Ignore her and keep reading if you have to.

      • Lysander

        I notice you do not cite any authority for this theory. I would have to disagree, unless you can provide some authoritative source for it. Statutes and regulations are judicially noticed without their being read into the record. Which is not to say the court will follow them, or simply just ignore them, but you don’t have to read them into the record.

  • Jim Worrall

    Outstanding article Lysander.

    A corrupt system can’t be trusted to police itself. The courts are unlikely to provide significant relief from IRS tyranny.

    Only widespread and zealous demand for reform from the American public will result in meaningful change. Something akin to the Civil Rights movement.

  • PistolPackingPatriot

    I have had mixed success with Cracking the Code, from Pete Hendrickson’s Lost Horizons web site. I am convinced that if my tax situation wasn’t so unusual, I would be having complete success, every year. Don’t know if you are friends or enemies with Pete. If friends, maybe you’ll post this. I endorse his strategy. It opened my eyes, and unshackled me.

  • Mark Coney

    I sent numerous such inquiries, all demanding answers, before I stopped filing and paying 25 years ago. By heavily documenting my position with valid legal points and demands for clarification, this would be difficult for the IRS to defend in court. Every time for the next few years when IRS would send a nasty letter, I would reiterate my positions and demands, always getting no reply, which further strengthened my position. Finally when IRS sent a notice of levy to one of my clients which filed a 1099, I did a FOIA on the agent who signed it, found they had no authority to do any such thing, then had a lawyer send a letter on law firm letterhead that the agent would be sued under Sec. 7433 if the levy were not withdrawn and if they ever did any such thing again. Since then, not another peep out of IRS, and I run a business where clients file 1099’s in the hundreds of thousands of $. If one takes great care to establish their position, and defend it strongly, then you can win, or at a minimum back them down. They know their positions are indefensible, so if you can hit them hard enough, they fold. That’s my untaxed 2 cents.

  • Greg

    I find it hard to believe that anyone would file a Form 1040.

    As per 26 CFR 602.101 the correct form to be used for the personal income tax (1.1-1) is form 1545-0067. The OMB number on the Form 1040 is 1545-0074. Filing a Form 1040 to report personal income taxes would be a violation of federal regulations. I believe that to file some version of a Form 1040 would be considered fraud against the government. I do not believe that one can be compelled to commit such an act.

    Since none of the authorities cited by the IRS, to be in compliance with the Privacy Act of 1974, IRC 6001, 6011 and 6012(a) and their regulations, actually compel one to keep books or records or to file returns or statement, why would one file such a return?

    The IRS publishes delegations of authority. As an example, listed below is the delegation of authority issued by the Secretary which would empower those delegated to make a specific request for a tax return.
    1.2.43.33 (01-30-2012)

    Delegation Order 4-37 (Rev. 1) (formerly DO 4-37)
    1. Recordkeeping Requirement
    2. Authority: To require any person, by notice served them, to keep records reflecting whether or not the person is liable for tax.
    3. Delegated to: Team Managers (Large Business & International); Examination Group Managers (Small Business/Self-Employed); Technical Services Group Managers (Small Business/Self-Employed); Specialty Programs Group Managers (Small Business/Self-Employed); Campus Compliance Services Managers (Small Business/Self-Employed); Group Managers (Tax Exempt & Government Entities); and Examination Reporting Compliance Managers (Wage & Investment).
    4. Redelegation: This authority may not be re-delegated.
    5. Source of Authority: 26 IRC 6001; 26 CFR § 1.6001-1(d); 26 CFR § 53.6001-1(b); 26 CFR § 55.6001-1(b); 26 CFR § 156.6001-1(b).
    6. To the extent that the authority previously exercised consistent with this order may require ratification, it is hereby approved and ratified. This order supersedes Delegation Order 4-37.
    7. Signed: Steven T. Miller, Deputy Commissioner for Services and Enforcement

    As you can see this Delegation of Authority authorizes certain persons to require any person by, NOTICE SERVED UPON THEM, to keep records that would reflect whether or not such person is liable for a tax. If no such notice has been served then there can be no liability for a tax and no requirement to keep books or records or to file a return or statement.

    This delegation order is in keeping with the provisions of IRC §6001 which specifically states that if in the opinion of the Secretary it is necessary for someone to keep books or records or file returns or statements they will be served a notice by the Secretary.

    Based on the above delegation of authority, it does not appear that any requests to file a tax return can be made after the fact. A notice would have to be served prior to the year in question and said notice would have to instruct the individual to keep books or records. The books and records required by this notice are essential in making the determination as to whether a person is liable for a tax. If no notice is served and no records are kept then there would be no way to accurately determine if the individual had a tax liability or what that liability might be.

    If you were not served a notice, why have you filed a return???

    When the IRS sends you a notice to file ask the agent for proof of authority to act and jurisdiction. They have neither and cannot prove

  • Robert Bishop

    Mr Lysander is correct that the I-tax sounds voluntary. It is.
    Mark Coney is the American we all should be. knowledge of the law is the difference between involuntary servitude and freedom. The U.S.Supreme courts,u.s.code and Code of Federal Regulations trumps the IRS fraud & their inferior(fraud)court rulings. Example:(IRS file, IRM 6209, p.2-1thru 2-5 & 4-2 states: the W-2,W-4 & 1099 etc. are “subtitle B class 5” gift forms. Also the Federal Register states the “1040 need not be submitted(filed) if a W-2 is filed”.( because these forms are information gathering forms used by the SSA). 26 USC 6201,6321,& 6331 are pima facie( no reg.) because their regulation is in title 27 part 70 BATF,as confirmed by 1 CFR 1 sec. 21.21. 26 CFR 601.702(a)(2)(ii): any matter not published or incorporated in the Federal Register shall not change or effect anyones rights. 26 CFR 31.3402 p(1)b(2)w-4 withholding agreements are not required. Internal Revenue Manual(IRM)5.14.10.2 states: Private employers are not required to enter into payroll deduction agreements.
    IRM 4.10.7.2.9.8: IRS must follow U.S. Supreme court decisions,& they have the same weight as the code. Treasury Decision 3445 states: taxes paid by compusion, illegally demanded may be recovered if the assessment was erroneous or illegally coerced.(gift form?) The IRS Restructuring & reform Act of 1998, sec. 1203 stated IRS can’t falsify documents(W-4) & must follow the U.S. code, Code federal regulations(CFR) & policies(IRM).
    I haven’t listed the U.S. Supreme court decisions yet.(over 30) As Mr Coney says, you need to know the law because of our elected criminal government. My situation, I don’t file,the IRS won’t speak to me, the DOJ told me they wouldn’t file charges.( A public trial would expose the true law). Our gov. twists the law, subverts & does an end run around the U.S.Constitution. The IRS abuses & causes death of elder Americans by coerced suicide. Question: Why required to sign a gift form “if” a tax law really existed? It doesn’t. I offer freely my credible evidence to anyone who desires freedom. An extra for anyone suffering under abama care:Tltle 42 U.S.C. section 18115 Freedom not to participate in Federal Health Insurance programs: NO individual, company,or business shall be required to participate in any federal health insurance program & no penalty or fine will be imposed for choosing not to participate. Do you understand now? Thanks for your attention.

    • Melba Ford

      I want to thank you for the hard work these men and women do concerning the abuse of the IRS and their way to harm to so many people. At this time I am an elderly woman and being sued by IRS for tax’s amounting to 190,000. I don’t owe them a dime. I sued them for false records and I just received a notice telling me it will be dismissed. But their suit against me for 190,000 will go forward. I cant believe it I have not filed tax’s in years and at almost 80 don’t plan to. I pray that God will help end corruption in our Courts and government. Freedom is certainly not FREE. They have no respect for the law and could care less. It is all about the money.

    • JF

      Robert Bishop – I am very interested in reviewing the evidence / codes / regs of which you write. My email addy is panarin (dot) jot (at) yandex (dot) com. Thx & Best Rgds.

  • mark salerno

    I’m thinking of not filing for 2016. what really conserns me rite now is what’s going to happen for the previous years (that scares me)Any suggestions?

    • Lysander

      Not filing is dangerous if the Service is receiving “information reports” about your earnings. (W-2s or 1099s) There are ways to file, however that do not declare liability and are “substantially compliant” such that you are safe from failure to file and evasion charges. Please contact me at lysandervenible at startmail dot com for more information about it.

  • Robert Bishop

    The W-4, W-2, 1099 etc. are subtitle “B” class “five” GIFT forms. 26 USC 6331 ( the “fraud” requirement to file)has regulation in “title 27 BATF”, making it null & void. The 1040 isn’t required if a W-2 is submitted as per “government document”. The IRS & gov. can’t refute the law, code & regulations & US Supreme court decisions that everyone should learn & use.( I can provide the code & regs to anyone, just ask) Inquiries are no good because they know Americans are ignorant of the law & their civil rights & no one will force them to act.
    Too many Americans use false, miss leading info from bad sources, so they know you are ignorant of the truth, & these people are harmed. If you provide the law, they refuse to speak or contact you. Congress & Senate support the IRS & DOJ fraud & deceit. Until Americans learn the law, Code, Regulations & use it & supporting each other, government will win. Until Americans shove the law into the face of your/our representatives & Senators they will ignore & support the fraud & abuse!( Note, the DOJ refused to file charges after I gave them my credible evidence) Simply speaking,we need to come together, strength in numbers to light a fire under their butts & throw them out. Drain the swamp :)
    Thank you.

    • Melba Ford

      In the position that I am in with the u s dismissing my suit against them and to continue with their suit against me, what would you advise me at this point. I have not appeared as yet in the second suit against me. I will appear without lawyer. I am planning to challenge Subject-Matter Jurisdiction. What do you think?

    • Paul Staples

      Robert Bishop. I am always in search of the truth, and cannot be party to a fraud. I would be interested in the information that you referenced that we could ask for and Lysander has my permission to share my email with you. Thanks for the information in your post.

    • Betsy Dettloff

      Yes, Robert Bishop. I would like the information you mentioned. My email is moneytobless@gmail.com. Call me if you wish 586-431-0624. Thank you.

  • DJ

    I am Very New to this stuff. I have a small (VERY SMALL) business and don’t know if my clients will claim the money paid. However, I feel that after watching Irwin Schiff’s YouTube stuff. https://youtu.be/ZNy4jzNHgkc that I shouldn’t have to follow something that is actually not a law.
    My question is:
    Why would some people actually file and then not sign?? Seems like that is just sending up red flags.

  • It’s apparent that no research will help us in the communist country. Where you are a threat for speaking the truth.Subject to arrest and or murder.

  • I have a lien against me by the irs on job and my credit report.Since then I have been solicited by many attorneys and organizations claiming to help for fees.Along with my job giving them my money.I never went to court never had any due process.How do I right this wrong?

    • Alvis Jenkins

      The lien is not a official lien that the IRS falsely and unlawfully filed against you in your county court with a ignorant clerk of the court who ignores the tax laws of 26 U.S.C. and other federal documents such as the Uniform Federal Lien Registration Act. All federal liens of 26 U.S.C. are controlled by 27 C.F.R. Part 70 regulations which is only for unpaid alcohol, tobacco and firearms taxes. Your employer is also ignorant of 26 U.S.C. or he would not be withholding federal income tax on income you receive that is non-federal income, per subtitle C, Chapter 24, Section 3402.

  • griselda foreman

    Invaluable post . I Appreciate the analysis . Does someone know if my assistant might get access to a fillable US Tax Court Petition Kit copy to work with ?

  • Ken Johnson

    Theresa, I doubt you special enough to get wacked.
    Signing a W4 is an agreement aand makes the people made liable. I always sign without prejudice at arms length above my signature on W4 W9 1040, etc. I have not been waked yet. If I ever run into any trouble, I will remind the man sticking his nose into my contract I will hold him liable. I am the only signer to any agreement and I volunteered and I added a condition above my mark. Not to mention I am one of the people, and I can rescind my signature anytime I wish.

    • Betsy Dettloff

      Hello Ken. Thank you for the confirmation about rescinding signatures. If you see this, could you contact me via my email, then we can trade phone numbers if you would take a call from me to discuss my situaton. Moneytobless@gmail.com Betsy

  • Melba Ford

    The irs has harassed me for years, I have requested a hearing two or three times only to never receive an answer or return for my request.
    I have been levied, money taken from my bank and ssi levied. And I seem to not be able to do anything about it. I have asked for the delegation of authority and they tell me they don’t have to give me anything. They have now sued me and I have to be appear in court. I have never had any kind of due process. It serves no reason for them to drag me into court when I don’t owe anything according to their own irs codes and statues. I filed a suit against them for false records and in turn they filed against me a month later. They are dismissing my case against them and following up with theirs against me. What a joke!!

  • T Sling

    after reading this article I had to laugh. In 2005 I received a 90 day notice with only 26 days left on it. I was already going to 10 cir. on a three year battle with OSHA, and had hired Vern Holland to help write my appeal petition. I got the tax court petition filed and after mountains of paperwork and interrogatories the IRS counsel claimed a7491 shift of burden onto me. A week before court I showed up at the Denver office with my little 1964 edition of title 26. I shared with attorney and her boss head litigator what I believed and how I came to believe it then showed them my 1964 version of 7491 it dealt with shifting the burden in marijuana tax stamp cases. They were so impressed they actually bought me two large law books (2003 ed) and had me stipulate with them that they owed me money. I don’t get a laugh from the IRS often I had to share this. The next month Vern died and I lost my OSHA case after the Supremes ruled the calif pot growers were interfering with the Mexican mobs interstate commerce business. Had my own heart attack then and now try my darndist to stay outta courts T Sling

  • Brunilda

    Who can I call near La Mirada, CA to represent me so that I can get my tax refund 2012…they are not returning it to me due to their statue of limitation. Please have someone call me at 562-587-2123. Thank you
    BC

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  • Alvis Jenkins

    To Lysander: Your statement, “That is generally sound advice, but not everyone should take it”.
    I know this is two years later, but who would be those who should not take this generally sound advice?

    • Lysander

      I mean that while you are correct concerning “federal income” you will never convince any U.S. court of your position. Those who are ready to take your advice will have also prepared themselves for a long hard fight. Those who have not prepared themselves financially by becoming “judgment proof” will almost certainly suffer financial punishment from the Service. While what you have said concerning the federal government’s limited jurisdiction and misuse of liens and levies is correct, it is also of no avail to those who suffer under them. The IRS is lawless because the federal and state courts allow the lawlessness.

  • Alvis Jenkins

    No American that never receives federal income should ever have withholding of tax on non-federal income and file a “return” when nothing is being returned to the Government that the Government never paid in wages. Filing a false tax return by American’s having no federal income causes them to commit perjury since they are admitting to being a federal person subject to the Internal Revenue Laws.

  • Alvis Jenkins

    The IRS, a public office of the seat of the United States Government is limited to its jurisdictional authority to the District of Columbia unless expressly stated otherwise by law. 4 U.S.C. 72

  • Melba Ford

    Melba Ford,
    I am so encouraged by the post on this site. Thank you to all, you are doing Gods work. The DoJ attn. is trying to have the court deny my compelled discovery. I will be speaking with him tomorrow. I am at peace with that.
    Thank You

  • Shane

    Alvis, now that we know the IRS and Employer shouldn’t be garnishing. Whats the quickest way to get them both to comply and stop the garnishment?

    • Lysander

      Shane, once a levy has begun there are several things you can do to have it removed, but you will not be able to have it removed without making some kind of payment arrangement. There is no court that is going to agree that you do not owe the money at this point. And there is no court that will agree that the levy is defective. Your strongest argument would be that the levy is creating a hardship. Such an argument would require that you provide detailed financial information to the Service, and set up an Installment Agreement that you can afford. Alternatively you could be declared “Currently Non-Collectible.” But in such a circumstance, you would probably not be working or have many dependents to care for. Contact me if you would like to talk in detail about your possibilities.

  • Gerard lachance

    Melba Ford , I am definitely interested in any laws , Court rulings ect that you could supply me , been fighting irs for many years now and anything will help .
    Hopefully Lynsayer will allow my request ? You can reach me ,jr-l (at ) live ( dot ) com

  • never go into their jurisdiction, which is limited to the territories. that is true especially of their courts. also, demand rights to subrogation in all communications. never say anything you have to prove but always make them disprove anything you say pursuant to administrative procedures act,FDCPA, Section 6065 of IRC. all responses must be timely as directed, or they admit by tacit procuration you are correct. just a few thoughts in how one might survive these criminals who think they are above the law and the supreme court.

  • Kelly Coldren

    Hello Lysander,

    I have not particularly had experience in tax court but I have proceeded without representation in US District Court and Superior Court of California, and from those two experiences I have noticed that the way to be heard in court on any matter is to use the tools of court such as filing of motions; placing motions on calendar to be heard; using tools of discovery(this is where you can use subpoena power to get your verification from the secretary or if they send non responsive response to your request to reply asking them to provide a responsive answer to your question or to amit that they don’t have the information you are asking for. Discovery will help you be able to get their defenses (or offenses if they are the plaintiff) knocked out and makes your case stronger) AND to follow the rules of court for that particular venue(local court houses rules) and jurisdiction(authority, and type of court such as: superior, us district court, appeals, Supreme) AND to ALWAYS support your position with facts in support and as to your interpretation on a legislative/statutory law you use instead of giving your direct opinion of what it means, to instead use at least one supreme or appeals judicial court ruling that clearly defines the meaning of the law in a manner that supports your interpretation of the law,that way the judge is bound to follow a higher courts ruling.

    You also want to make sure to clearly express in your motion what your causes of action (grievances)are, what law gives the court jurisdiction to hear such cause of action, that you were harmed and the defendants were proximal in causation of this harm(that the defendants actions either directly or indirectly caused this harm to occur)and what remedy/relief/prayer you wish the court to order the defendant(or plaintiff if you file a cross complaint) to provide to you, such as money damages, injunctions (stop actions), or remedy in equity etc. .

    If you follow the rules of court, meaning all the rules on filing requirements, serving requirements, drafting requirements, and use the tools of the court such as calendaring hearing motions, subpoena power, and keep calm and focused on your points, you should be placing yourself in a great position to gain the courts to hear your concerns.

    • Lysander

      Hello Kelly,
      That is sound advice and we have certainly used discovery to try to obtain the verification the statute requires. But discovery in Tax Court is considerably more limited than it is in other courts. Hostile depositions are very nearly unheard of. The Court and Respondent rely heavily on the Commissioner’s “presumption of correctness.” It is pretty well impossible to overcome it. Your advice is sound, but the Tax Court has an unspoken policy on this issue that will not be overcome with discovery requests.

  • Charles A Harman

    Just receied a levy against my wife’s paycheck for years 2001, 2003, 2004, 2010, and 2011. We have consistently provided 4852s stating “0” income since the year 2000. They won’t go away. Any suggestions?

    Thanks,

    Charley

  • Terry

    I sorry Lysander, I must disagree with you on that no court is going to agree that you do not owe the money at this point. In a Court of Common Law, an affidavit of truth submitted should be all that it takes to get the taxman off your case!! (this is not legal advice)

    • Lysander

      Well if you can manage to find a federal common law court anywhere, please let me know how to bring a case to it. In the meantime, don’t count on any federal court finding that you don’t owe taxes on your revenue.

  • Hope

    Lysander, here is another one you see all over the place but the quotation CANNOT be found in the case: Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with artificial persons… Penhallow v Doane’s Administrators, 3 U.S. 54, 1 L.Ed. 57; 3 Dall.54.

    Because it sounded just too good to be true and I have the fortunate habit of researching before I use a cite, I looked it up. Can’t stress it enough — look these quotes up folks! Some “agent Smith” probably put that out there to see how many people will fall for it.

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