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18044Re: [tips_and_tricks] Internal Revenue Service is debt collector for the Inte...

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  • BOB GREGORY
    Oct 31, 2010
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      Fighting with this approach is  waste of time, and an an earlier message stated, you could not bring it up on appeal if the argument was not raised in the original trial.    I am not saying that you are not right or could not find law to support what you believe.  The problem is that courts have been ruling against arguments of this type for a very long time so that almost all judges either don't know the way the law is actually written or don't care because they have no intention of shoveling against the tide.

      It is pretty hard to find an honest attorney anywhere, though there are some.  But within the tax division (or probably any division) of the Department of Justice it is almost impossible to find one.  They see their job as WINNING, not as seeing justice done according to the law.  (Things are pretty much the same with any District Attorney's office.)

      Occasionally you will find a letter from a congressman or from an individual IRS employee that actually tells the truth about how the law works, but you cannot usually use such letters as evidence in a court case.  Here is an excerpt from an IRS letter in response to a FOIA request back in 1995:


      Dear Mrs. Hoverale:

      This is in response to your Privacy Act request dated December
      12, 1995.

      The Internal Revenue Code is not positive law, it is special law.  It applies to specific persons in the United States who choose to make themselves subject to the requirements of the special laws in the Internal Revenue Code by entering into an employment agreement within the U.S. Government.

      The law is that income from sources not effectively connected with the conduct of a trade or business within the U.S. Government is not subject to any tax under subtitle " A Q of the Internal Revenue Code.

      This concludes our response to your request.


                                                                                        Sincerely yours,



                                                                                         Cynthia J. Mills
                                                                                         Disclosure Officer

      However, see the comments at this site concerning the letter above:  http://www.losthorizons.com/comment/hoverale.htm
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