What facts do you rely on to prove I had "taxable income" or the code
applies to me?
What are you even doing in the several states? Can I see your delegation of
authority and oath of office?
There are two levels of exemption from the gift tax. First, gifts of up to the annual exclusion ($13,000 per recipient in 2009-2012) incur no
tax or filing requirement. By splitting their gifts, married couples can give up to twice this amount tax-free (although they must file a gift return). Note that each giver and recipient pair has their own unique annual exclusion; a giver can give to any number of recipients and the exclusion is not affected by other gifts that recipient may have
received from others.
Second, gifts in excess of the annual exclusion may still be tax-free
up to the lifetime estate basic exclusion amount ($5,120,000 in 2012), although for estates over that amount such gifts might increase estate taxes. Taxpayers that expect to have a taxable estate may sometimes prefer to pay gift taxes as they occur, rather than saving them up as part of the estate.
Furthermore, transfers (whether by bequest, gift, or inheritance) in excess of $1 million may be subject to a generation-skipping transfer tax if certain other criteria are met.
Pursuant to 26 U.S.C.§ 102(a),
property acquired by gift, bequest, devise, or inheritance is not included in gross income and thus a taxpayer does not have to include the value of the property when filing an income tax return. Although many items might appear to be gift, courts have held the most critical factor is the transferor's intent. Bogardus v. Commissioner, 302 U.S. 34, 43, 58 S.Ct. 61, 65, 82 L.Ed. 32. (1937). The transferor must demonstrate a "detached and disinterested generosity" when giving the gift to actually exclude the value of the gift from the taxpayer's gross
income. Commissioner of Internal Revenue v. LoBue, 352 U.S. 243,
246, 76 S.Ct. 800, 803, 100 L.Ed. 1142 (1956). Unfortunately, the court's articulation of what exactly satisfies a "detached and disinterested generosity" leaves much to be desired.
=========================
On Tue, Jan 29, 2013 at 6:02 PM, hobot <hobot@...> wrote:
Best to deny any gifts as those can be taxed, I'd tell em loans from
family friends your oral oath and their faith established the contract.
How many times do I have to explain to people that the IRS does not give a rat's butt where it gets its federal reserve notes from:
http://www.irs.gov/publications/p17/ch12.html
Illegal activities. Income from illegal activities, such as money from dealing illegal drugs, must be included in your income on Form 1040, line 21, or on Schedule C or Schedule C-EZ (Form 1040) if from your self-employment activity.
Kickbacks.You must include kickbacks, side commissions, push money, or similar payments you receive in your income on Form 1040, line 21, or on Schedule C or Schedule C-EZ (Form 1040), if from your self-employment activity.
Stolen property. If you steal property, you must report its fair market value in your income in the year you steal it unless in the same year, you return it to its rightful owner.
Now what TYPE could you list on Line 21 and not implicate yourself? Well....according to the IRS there are primarily two types of income: Taxable and Non taxable. Duh! So what type goes on the form?
Why doesn't the IRS care about income coming from questionable sources? Aside from the fact they get brownie points for running the world's largest extortion racket for Congress.....A little reflection will indicate why this is so! The law cannot require an impossibility. You can't be required to file a return on all income and yet be denied the opportunity to do so.
Duh eh?
[I saved for the advanced student the topic of liability and duty to file a return and simply assumed in the above discussion we were dealing with the "ritual of the enslaved"--that ritual where government need trumps individual rights and needs...that ritual where the customary aspects of society displaces and negates a fair reading of actual law...that ritual where the sheepeople actually perceive they live in a free society when the degree of their enslavement is measured at +40%.]
Tetzel travels from town to town, and after a while reaches the city of Leipsic. Little does he know of what is before him. A gentleman comes to buy an indulgence. "Can you pardon a sin which a man intends to commit?" he asks. "Certainly; the Pope has given me full power to do so." "Very well. I should like to punish a man a little. I don't want to hurt him much just a little. How much do you ask for an indulgence that will hold me harmless, so that I shall not be punished?" "For such a sin I must have thirty dollars." "That is too much. I will give ten." "No, that is too little. I will let you have one for twenty-five." "I can't pay that. I will give fifteen." "That is not enough. I will let you have it for twenty." "Are you sure that it will protect me?" "Certainly. I should like to know how any harm can come to you. It is the Pope's dispensation; and no one may question my authority." "Very well; here is the money." The man takes the indulgence, and goes away; and Tetzel starts for the town of Jiiterbogk. He comes to a forest, when suddenly a party of robbers spring from behind the trees. Some of them seize Tetzel and pound him, while others ransack the carriage, find the money-box, and all flee to the woods.
Who are the robbers? The leader of the band is the man who bought the indulgence, and this was the crime that he intended to commit. Tetzel hastens to Duke George, who is Governor of Saxon. "I have been robbed." "I will have the robbers hanged," says the governor, and sends the sheriff to arrest them.
The sheriff very soon brings them before the governor. "You are accused of robbing," he says to the gentleman who bought the indulgence. "What have you to say for yourself?" "Tetzel has already pardoned me. This is the crime I intended to commit. I paid him twenty dollars for the indulgence. Here it is." The governor reads the paper. "I don't see as you have any case, Mr. Tetzel." The governor cannot send the robber to prison, nor compel him to give up the money. To do so would put an end to Mr. Tetzel's business, for it would show the people that the indulgences are worthless. Ah, Mr. Tetzel, it would have been better for you not to have taken the road to Jiiterbogk, and it would be better for you not to go there to set up your fair; but go on, for out of your going will come liberty to the world!
As moderator and owner of Tips & Tricks for going to court, I would like to see
this group pointed more in the direction or practical litigation tactics. When
people write in with their problems asking for solutions I would like to see
more members of the group be able to offer practical, workable solutions that
have a likelihood of success based on first hand study and research instead of
old tired research that has been passed around so much it cannot be used in
court because it is so far removed from its origin. As I see it, if group
members would read law books and write book reports and post them to the group
based on the usable ideas they glean from them, not only would the reader
benefit, but group members as well. Below is the first list of books I would
like group members to check out of the library, buy through Amazon.com, or
acquire through interlibrary loans, read, and post book reports about. I would
like to see some lively discussion respecting these books and expect that we
will have some testimonies from people who have used what they learn both from
reading the books, and reading and writing the book reports posted to Tips &
Tricks. We don’t want to be like the dog who chases a car and when he catches it
doesn’t know what to do. Let us be like “wise virgins” and be prepared.
Most of us would like to win on our motions, so, here are some books on motions
practice:
Motions Practice and Persuasion by L. Ronald Jorgesen
This book teaches new lawyers how to effectively make and oppose motions and
help
experienced lawyers create more original and innovative work. It teaches the
basics of motion
practice, with a particular focus on the written motion and provides expert
advice on making
motions more persuasive. It discusses the tools of persuasion and the marshaling
of facts, law
and form to produce a winning motion. Instead of merely laying out the rules,
the book outlines
the analysis that the lawyer must make in writing and presenting a motion.
Motion Practice, Fourth Edition by Roger S. Haydock David F. Herr
This comprehensive guide not only analyzes every applicable rule of civil
procedure, but also gives you practice-proven techniques for evaluating what
motions will work most effectively in each of your cases. From early pretrial
motions dealing with complaints and jurisdiction to appellate motion practice
for both victor and vanquished, Motion Practice, Fourth Edition shows you both
what is permissible and what is advisable in such aspects of motion practice as:
Formal requirements Strategic uses Use of supporting documents Effective
advocacy Persuasive oral argument Ethical issues The authors include a table of
deadlines affecting motions, along with sample forms and illustrative trial
examples.
A Guide To Motion Practice, by Samuel S Tripp
Motion Practice by David F Herr
Motions in Federal Court, Civil Practice by Shepards Mcgraw-Hill
Civil motion practice: How To Win Without Trying by Marcus E Cohn
Whether we are the plaintiff or the defendant we need to know how to do cross
examination, so, here are some books on doing effective cross examination:
Cross-examination: Science & Techniques by Larry S. Pozner, Roger Dodd
The Art of Questioning : Thirty Maxims of Cross-Examination by Peter Megargee
Brown
Step by step, how lawyers and nonlawyers alike can learn to ask the right
questions and get the answer they want, whether it’s in the courtroom or the
boardroom.
The Art of Cross-Examination by Francis L. Wellman
With the cross-examinations of important witnesses in some celebrated cases.
Wellman, one of the great nineteenth-century trial lawyers, made his reputation
in the musty New York
courtrooms of the 1880s and 1890s as assistant corporation counsel and assistant
district
attorney. In this volume he draws upon his own experiences and the brilliant
achievements of
other noted lawyers to explain and exemplify the principles of questioning. He
quotes
extensively from many memorable cases, utilizing them to illustrate both the
manner and matter
of cross-examination. He takes up the handling of the perjured witness and the
expert, he
underscores the importance of sequence, and he offers many insights into the
psychology of the
witness; showing that knowing when to elicit information, and when not to, is
critical to the
artistry of the advocate.
Cross-Examination: The Comprehensive Guide for Experts by Steven Babitsky, James
J., Jr. Mangraviti
The ultimate measure of every expert is how well the expert performs
during cross-examination. SEAK’s new text, Cross-Examination: The Comprehensive
Guide For Experts will help experts quickly and efficiently master the art of
responding to each and every cross-examination question truthfully and artfully.
Experts will learn how to prepare for, anticipate, recognize, and effectively
deal with counsel
About the Author Steven Babitsky and James J. Mangraviti, Jr. are the
nation's leading and most prolific authors and trainers on expert witness
issues. They are both former trial lawyers whose past texts include: How To
Excel During Cross-Examination: Techniques for Experts that Work, How To Excel
During Depositions: Techniques for Experts that Work, and The Comprehensive
Forensic Services Manual: The Essential Resources for all Experts. Attorneys
Babitsky and Mangraviti have trained thousands of experts on the skills needed
to be more effective and better assist the trier of fact.
Tips member Klaus also recommends:
"Making and Meeting Objections II" by Judge Robert A. Wenke, Published 1986 by
Richter Publications, PO Box 3787, Long Beach, Calif. 90803-0787 (no phone
number given), 96 pages, and is a pocket sized handbook which can fit into the
inside pocket of a man's jacket. Amazon.com prices it at 20.95 +shpg. Don't
seem to be many available at the moment but worthwhile having IMHO. Found this
phone number with an ixquick search: 562-439-8059.
From the introduction: "The objective of this handbook is to provide a means by
which nonexpert trial lawyers can acquire a reasonable proficiency in using the
rules of evidence applied throughout all jurisdictions in the United States."
And further on in the intro: " . . . a good general understanding of the rules
of evidence is essential to functioning effectively as a litigator."
Here are some books on how to make effective closing arguments:
Closing Arguments -- by Frederick Busch;
Ladies And Gentlemen Of The Jury: Greatest Closing Arguments In Modern Law -- by
Michael
S. Lief
In the Interest of Justice : Great Opening and Closing Arguments of the Last 100
Years by Joel
Seidemann
Closing Arguments: The Last Battle by Mike Papantonio, Fred Levin, Martin Levin
There are even books on jurisdiction:
Federal Jurisdiction (Introduction to Law) by Erwin Chemerinsky
A Review: I'm a very average law student, and my federal courts class was
stacked with the top 2nd and 3rd year students in my school. Despite this, I got
the highest grade in the class. The reason...this book. This single most
impressive book I have encountered in 3 years of law school. And if you plan to
practice in the federal court system, this book is essential. Buy it.
The Practice And Jurisdiction Of The Court Of Admiralty: In Three Parts by John
E. Hall
A Treatise on the Law of Lis Pendens: Or the Effect of Jurisdiction upon
Property Involved in
Suit by John I. Bennett
Let’s study up on trial tactics:
The Trial Lawyers : The Nation's Top Litigators Tell How They Win by Emily
Couric
The Underground Lawyer by Michael Louis Minns
Trial : Theories, Tactics, Techniques by Roger S. Haydock, John Sonsteng
Trial tactics;: A book of suggestions on the trial of cases, containing
pertinent addresses by many well-known trial experts by Asher L Cornelius
Trial tactics and methods by Robert E Keeton
Successful trial tactics by Aaron Smith Cutler
Basic expressions for trial lawyers: Supplement to Keeton, Trial tactics and
methods by Robert
E Keeton
Eyewitness Testimony Strategies and Tactics/With Supplement: Strategies and
Tactics by
William Carroll, Edward Arnolds
Questioning Techniques and Tactics by Jeffrey L. Kestler
Dombroff on Unfair Tactics by Mark A. Dombroff
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And whereas the Socratic teaching method requires that the teacher question
assumptions being made by the students ask the students to trace out the
implications and consequences of what they are saying;
And whereas the Socratic teaching method requires of a necessity that there be a
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[Legalbear] Now I’m thinking, the sale of licenses by the state equals the selling of indulgences by the Catholic Church.
How can we employ this type of tactic today??
Tetzel travels from town to town, and after a while reaches the city of Leipsic. Little does he know of what is before him. A gentleman comes to buy an indulgence. "Can you pardon a sin which a man intends to commit?" he asks. "Certainly; the Pope has given me full power to do so." "Very well. I should like to punish a man a little. I don't want to hurt him much just a little. How much do you ask for an indulgence that will hold me harmless, so that I shall not be punished?"
Call me at: 720-675-7230
On Skype: legalbear
Best times to call: 8:30 am to 9:00 pm MST
Join my Yahoo Group Tips & Tricks for Court by sending an email to:
The next critical step in my discrimination conflict is to make an
additional demand for payment and clarification of a few points, and to
offer a fee schedule for 1) continued monthly delays for their refusal to
honor their debt, and 2) continued unlawful demands for an SS Number
presuming I must volunteer into the program by duress.
I'm thinking $1,000 per month late penalty and $50,000 for additional
attempt at compulsion triggering the 2 Title 42 Felonies.
It's awful wordy. Does anyone have some fee schedule demand templates I
could look at for style and format~?
Job discrimination: state citizen
http://groups.yahoo.com/group/tips_and_tricks/message/19153
Mark Gailey [Liberty Felix]
mark420.freedom@...
(859) 979-0389
Berea, Kentucky 40403-0578
On Friday, Jan. 18, 2013, the United States District Court for the District of Columbia enjoined the Internal Revenue Service from enforcing the regulatory requirements for registered tax return preparers. In accordance with this order, tax return preparers covered by this program are not required to complete competency testing or secure continuing education. The ruling does not affect the regulatory practice requirements for CPAs, attorneys, enrolled agents, enrolled retirement plan agents or enrolled actuaries.
On Friday, Feb. 1, the court modified its order to clarify that the order does not affect the requirement for all paid tax return preparers to obtain a preparer tax identification number (PTIN). Consistent with this modification, the IRS has reopened the online PTIN system.
The IRS continues to have confidence in the scope of its authority to administer this program and is working with the Department of Justice to address all options, including a planned appeal.
Please continue to www.irs.gov/taxpros for additional information as it becomes available.
Thank you for subscribing to e-News for Tax Professionals an IRS e-mail service.
If you have a specific concern about your client's tax situation, call the IRS Practitioner Priority Service 1-866-860-4259.
This message was distributed automatically from the mailing list e-News for Tax Professionals. Please Do Not Reply To This Message
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Re: In accordance with this order, tax return preparers covered by this program are not required to complete competency testing or secure continuing education.
I'm actually surprised the IRS fights this. The courts have already ruled the IRS not responsible for advice or advice in its pamphlets. Having morons espouse rulings and regulations while having no culpability is an IDEAL situation for for the dumbed-down population.
A universal quote by attorneys: "We do pretty much what the IRS tells us to do."
In order to make the discovery, at which we ultimately aim, a second previous enquiry will naturally be — Did the people of the United States intend to bind the several States by the Executive power of the national Government? The affirmative answer to the former question directs, unavoidably, an affirmative answer to this. Ever since the time of Bracton, his maxim, I believe, has been deemed a good one — "Supervacuum esset leges condere, nisi esset qui leges tueretur."[†]"It would be superfluous to make laws, unless those laws, when made, were to be enforced." When the laws are plain, and the application of them is uncontroverted, they are enforced immediately by the 465*465 Executive authority of Government.Chisholm v. Georgia, 2 US 419, 464 - Supreme Court 1793
Call me at: 720-675-7230
On Skype: legalbear
Best times to call: 8:30 am to 9:00 pm MST
Join my Yahoo Group Tips & Tricks for Court by sending an email to:
FORM FOR REQUESTING HELP ON YOUR CASE ON TIPS & TRICKS FOR COURT:
If you would like help on your case in order for your request to be approved you
must:
1. Have printed out your post and read it out loud to yourself looking for
missing words and typos;
2. Have written your post in a word processor so it can check your spelling,
punctuation, and grammar;
Then you must answer these questions:
What state does your legal issue spring from?
What are the facts of your case?
What research you have already done on your issue?
What you are thinking about doing and why?
“The only reason, I believe, why a free man is bound by human laws, is, that he binds himself.Upon the same principles, upon which he becomes bound by the laws, he becomes amenable to the Courts of Justice, which are formed and authorised by those laws. If one free man, an original sovereign, may do all this; why may not an aggregate of free men, a collection of original sovereigns, do this likewise? If the dignity of each singly is undiminished; the dignity of all jointly must be unimpaired.” Chisholm v. Georgia, 2 US 419, 456 - Supreme Court 1793
I’m going to start looking around for how I bound myself to human laws. As soon as I find that I will have located how I became amenable to the Courts of Justice. Notice? It is only “human laws” that we bind ourselves too.
I’ve been noticing that everywhere they ask for a signature they are asking for our consent.
I just noticed this from Boyd v. United States, 116 US 616, 631-2 - Supreme Court 1886:
“And any compulsory discovery by extorting the party's oath, or compelling the production of his private books and papers, to convict him of crime, or to forfeit his property, is contrary to the principles of a free government. It is abhorrent to the instincts of an Englishman; it is abhorrent to the instincts of an American. It may suit the purposes of despotic power; but it cannot abide the pure atmosphere of political liberty and personal freedom.”
I think extortion of a signature is of similar ilk. Wikipedia says about a signature that is proof of identity and intent; and that the traditional function of a signature is evidential: it is to give evidence of the intention (will) of an individualwith regard to that document. Wikipedia points out that the role of a signature in many consumer contracts is not solely to provide evidence of the identity of the contracting party, but also to provide evidence of deliberation and informed consent.
Call me at: 720-675-7230
On Skype: legalbear
Best times to call: 8:30 am to 9:00 pm MST
Join my Yahoo Group Tips & Tricks for Court by sending an email to:
> When the laws
> are plain, and the application of them is uncontroverted,
> they are enforced immediately by the 465*465 Executive
> authority of Government. Chisholm v. Georgia
> <http://scholar.google.com/scholar_case?case=144881060641435
> 1612&q=+%22sovereign+powers+are+delegated%22&hl=en&as_sdt=4,
> 60> , 2 US 419, 464 - Supreme Court 1793
However, when the profligacy of the lawmakers create laws beyond the
physical ability of any man to read 24/7/365 (Note Pe;osi's "we'll have to
pass it to learn what's in it"
http://www.youtube.com/watch?v=hV-05TLiiLU), your mission, should you
decide to accept it, is to controvert the application by unqualified
impersonators who are only doing it for their families in these hardest of
times.
Montgomery Blair Sibley is at it again! Here’s is his clever trick around federal judicial blockages to Obama’s eligibility. Tommy Crier did stuff like this, and we should be as well: http://www.montgomeryblairsibley.com/library/Press11.pdf
Call me at: 720-675-7230
On Skype: legalbear
Best times to call: 8:30 am to 9:00 pm MST
Join my Yahoo Group Tips & Tricks for Court by sending an email to:
In early 2010 I was ‘ordered’ to a ‘show cause’ hearing before the U.S. District Court for the District of New Hampshire to show cause why I shouldn’t be compelled to go before the IRS for an audit of my books and records.
I engaged Paul’s services and he instructed me to return the defective court order to the Court, marked Refused for Causes, and identifying the following causes:
1. Insufficient Process: No Seal of Court and No Signature of Clerk In violation of:
Federal Rules of Civil Procedure (FRCP) Rule 12(b)(4) and
FRCP Rule 4
28 U.S.C. § 1691
2. Lack of Subject Matter Jurisdiction per FRCP Rule 12(b)(1)
3. Lack of Personal Jurisdiction per FRCP Rule 12(b)(2)
4. Failure to State a Claim per FRCP Rule 12(b)(6)
I returned the irregular ‘order’ as instructed the day before the scheduled hearing. The government NEVER RESPONDED to it...and a Magistrate judge recommended (in my absence) that I should be compelled to go to an audit hearing. The game was on.
There ensued several more “irregular” or defective “orders” for me to appear before the USDC, none of which bore the required Seal or Signature per FRCP Rule 4 AND 28 USC 1691. I challenged personal jurisdiction in a motion to dismiss. The government argued that, according to the 11th Circuit Court of Appeals, ruling in a Virgin Island case (which territory is actually in the 2nd District’s jurisdiction!), that the judge could simply over-rule the Federal Rules and sign a court writ and thereby establish in personam jurisdiction. He hadn’t “signed” anything – only his typed name appeared. The government never attempted to explain how a judge may also overlook statutory requirements as well, or how a U.S. Attorney may represent the “United States of America”, or how the District Court order overrules controlling case law from the Supreme Court of the United States that specifically bars the government from compelling an individual’s records (but not those of a corporation, etc), or how a District Court may overlook the the fact that the statute cited by the IRS as its authority to compel production was a) editorial rewritten by the House Revision Committee and DOES NOW NOT say what that actual Statute at Large that it’s based on says and b) is enforceable under the CFR by the BATF for excise taxes on excisable commodities, with which I have no relation. Over the course of three years, The government addressed NONE of these argument, ever.
QUESTION 1: What SHOULD the government have done in response to the returned order, way back in 2010? What statutory provision required the U.S. Attorney and/or the Court to respond to that return for causes, if any?
Today I received a notice from the District Court that says the judge ordered the case closed on Feb 4th and that it was in fact entered as closed on the 5th. QUESTION 2: Does “case closed” mean what it seems to mean – i.e., that this case is now over and done with and that the government has no more recourse to raise issues over fees, etc. that it hasn’t already filed for?
After several attempts by the IRS to get me to bring my records in for an audit,
they sent a summons to my bank for their records. I filed a motion to quash
summons in Federal court. The court denied my motion without a hearing. I filed
a motion to reconsider. It was denied. My question is thus. Since the original
date for the bank to produce their records has passed and the court did not rule
for the bank to produce their records, is the old summons still in effect or
does the IRS have to send a new summons with a new date to produce the records?
Matthew 5:13 Re: Jahushwuah's reference to saltiness being lossed the phrased "stamped under the feet of men" equals being ruled over arbitrarily or despotically; to be tyrannized. Looks like the simple solution to arbitrary, tyrannical rule is to retain our saltiness. When Jahushuwah says, "You are the salt of the earth" I've learned that what he was saying is, "You are the earth's supreme intelligence, excellence and power presented for public exhibition expressed IN WORDS."
My note with respect to this is:
If we do not speak words of excellence and power (Jahuwah's Word) we will be stamped under the feet of men; i.e. oppressed. To be oppressed is to be subject to unjust use of force or authority.
You may have noticed me posting from Revelation 12:11 that, "And they have overcome (conquered) him by means of the blood of the Lamb and by the utterance of their testimony..." "utterance of their testimony" in Greek is auto logos meaning to speak over and over.
So, to overcome the anti-christ, the epitome of tyranny and oppression, what is needed is the word of our testimony, or, the speaking of Jahuwah's Word over and over. This is also known as meditating; which means to speak or mutter.
I have a 40 minute video regarding the success I attribute to speaking the Word aloud here:
Although this is a little different, my experience has been upon obtaining the "Register of Actions" associated with a case that the term "end of case" is found. This entry may not preclude someone from re-opening the file by filing new matter or on the Court's own initiative. I have obtained Register of Actions at various stages during the pendency of a case and at each juncture the terms "end of case" were found at the bottom of the same.
Also law enforcement entities often close cases where evidence is insufficient only to later re-open them.
However, the important thing to be concerned with in your case is whether there was any kind of judgment that issued before the notice of case closed was issued. If the Court ignored all your attempts to have your issues recognized, but along the way issued an adverse order/determination, then that judgment/order may serve as a basis for some future action against you in spite of your perceptions as to its legitimacy. It could be argued that such a judgment is legitimate because you failed to properly follow procedure to have it set aside in a timely manner and it became the law of the case.
If no such judgment exists then "case closed" is effectively a win for you.
Agreed, the power of the Word is it being Spoken as Father did in the creation.
It is the creative power of thought(spirit) being manifested in action.
Â
Matthew 5:13 Re: Jahushwuah's reference to saltiness being lossed the phrased
"stamped under the feet of men" equals being ruled over arbitrarily or
despotically; to be tyrannized. Looks like the simple solution to arbitrary,
tyrannical rule is to retain our saltiness. When Jahushuwah says, "You are the
salt of the earth" I've learned that what he was saying is, "You are the earth's
supreme intelligence, excellence and power presented for public exhibition
expressed IN WORDS."
Google Books Public Domain
Aspen Publishers Online, Dec 7, 2004 - Law - 1212 pages
This comprehensive guide not only analyzes every applicable rule of civil
procedure, but also gives you practice-proven techniques for evaluating what
motions will work most effectively in each of your cases. From early pretrial
motions dealing with complaints and jurisdiction to appellate motion practice
for both victor and vanquished, Motion Practice, Fourth Edition shows you both
what is permissible and what is advisable in such aspects of motion practice as:
Formal requirements Strategic uses Use of supporting documents Effective
advocacy Persuasive oral argument Ethical issues The authors include a table of
deadlines affecting motions, along with sample forms and illustrative trial
examples.
http://books.google.com/books?id=Tv1LS5hGaTUC&lpg=PR13&ots=4nqK-VWeQu&dq=motion%\
20for%20involuntary%20dismissal&pg=PR13#v=onepage&q=motion%20for%20involuntary%2\
0dismissal&f=false
I am attaching a Motion filed early last month. This motion was filed as a strategic move to preserve issues for reconsideration on Appeal if it were to become necessary.
My intent to file this Motion prompted my pro bono attorney representation to file a Motion to Withdraw Counsel because he believed he could no longer represent me due to conflict with "State Bar Rules of Professional Conduct". In a nutshell, this means he could not represent me if I wanted to file a Motion - ANY Motion. The attorney is "in charge" of the process.
If you want to assert your Rights, you must be willing to
Stand alone. A represented "person" generally does not have "Standing".
In our discussions regarding my intent to file my Motion, the attorney indicated that the prosecution had made an offer to conditionally dismiss their case against me. The terms of the dismissal were: no fines, no penalties, no court costs - I would have to agree not to get arrested for one year. I asked if I could leave the state (thereby avoid the possibility of getting arrested - in that state). The answer was - yes.
I informed him that I believed I still had to file my Motion to preserve the issues in an Appeal if I needed them.
His Motion prompted a Hearing so the Judge could decide whether or not he would allow the attorney to withdraw "counsel".
This Hearing was "off the Record" so both the Judge and I could have a frank discussion without concern for the implications of "words in the air" so to speak (what it means when there is no Record). I had my Motion prepared, printed and signed. I told the Judge I wanted to file the Motion to preserve issues for an Appeal if it became necessary but I preferred to keep counsel for the trial.
The result
of this Hearing was a win for me. The Judge permitted me to file the Motion directly - in that Hearing (an unusual event as far as I know) and he did not allow the attorney to withdraw from counsel.
In my view the purpose of having attorney representation is so they can speak to the prosecution on my behalf. If I spoke to them, that would be ex parte and therefore unethical.
The next day I accepted (through my attorney) the prosecutions offer for conditional dismissal.
This Motion is provided for the purposes of further study for those of you who want it. It is not intended to be a usable template unless you have already done some of the other "groundwork", like filing Notices of Complaint and Notices of Default
mentioned in this Motion.
The purpose of the Notices is to prepare for adjudication in federal court and ultimately the Supreme Court. In this case this is likely unnecessary.
I have another Trial on Tuesday for unrelated charges that were filed before the agreement mentioned above was struck. The outcome of this Trial allegedly has no bearing on the agreement made to conditionally dismiss the case related to this Motion.
The way I see the drama: "Be of sober spirit, be on the alert. Your adversary,
the devil, prowls around like a roaring lion, seeking someone to devour." 1 Pet. 5:8
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OK, this theory does seem like it should work, based on the incorrect chamber of lawmakers. But I’ve always figured that the ACA couldn’t target me anyway, since I don’t participate in Social Security, and there is therefore no nexus for the IRS to be meddling with me. Direct taxes have to be disguised as indirect by associating them with privileges rather than rights. I think this clearly delineates SS participants as stepping into a privileged class, with all it’s extra rules, and apart from the State citizens who opt out of privileged classes to retain their original rights.
With income taxes, you have to step into the privilege by participating. With the 14th Amendment you have to step into the whole package which includes subjugation. Either way there is an intentional option. We certainly aren’t apprised of that choice with any competency. So we are kept in limiting contracts through fraud and lack of knowledge.
Barry, I had thought of this at the time it was ruled on. If it is a tax then it had to have originated in the house. Because it didn't it is null and void. I brought this up to many people, and wondered if Roberts did it on purpose. Thanks for recognizing it.
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