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6838Re: [tips_and_tricks] Why you need to petition tax court to stop IRS garnishment for N.O.D.

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  • swwyatt@juno.com
    Oct 4, 2004
    • 0 Attachment

      On Sat, 02 Oct 2004 21:38:23 -0000 "fastmuscleman" <m.schrader1@...> writes:

      ---snip--
      Why are you not using the default judgment procedure to default the
      IRS?
      ---snip---
      You will feel empowered after completing this process, knowing that
      you pose a threat to the IRS legal counsel. 
      *NOT QUITE! ALTHOUGH aparently being on the right track and CREATING A "THREAT" to them, IT WAS JUST A MINOR SPEED BUMP IN THEIR PUSHING IT THROUGH THEIR COURT!  YOU CAN EXPECT THE SAME - but, there is lots of room to fight back!
         
      *Soooo... Been there. Done essentially 'that' indicated by "fastmuscleman". Requested authorities for their acts & proposed acts, Got nothing. Issued CONDITION OF FAULT, got nothing. Issued a DEFAULT on IRS agents for failing to RESPOND with their authority for specific indicated acts and failing to provide the requested due process hearings required by the Administrative Procedures Act - and accepting their tacit agreement that they were without authority for SUCH acts.
       
      *Filed NOTICE OF DEFAULT and DEFAULT in local Texas Court's Public Record - twice.
       
      *Time went by as I gathered other evidence/proof of IMF errors, etc...
       
      *About 18 months later, Dept of Justice (IRS) filed suit against me in the United States District Court , Western District of Texas...
       
      ************ extract from USA Complaint *******************

      1. This is an action by the United States to declare the "PUBLIC NOTICE OF DEFAULT DECLARED" and "PUBLIC NOTICE OF DEFAULT" filed by defendant Sterling W. Wyatt, to be null, void and of no effect, and to direct Defendant J. A. "Andy" Harwell, the County Clerk ofMcLennan, County, Texas, to expunge these documents from the public records.

      8. The LIENS were filed by Wyatt against IRS employees in retaliation for acts performed by them as part of their official IRS duties, under their authority as IRS officers, and/or under the direction of officers of the United States of America. Wyatt filed the Liens as part of his "tax protest" activities, specifically to intimidate and/or harass the IRS employees, and generally to interfere with the administration .and enforcement of me federal tax laws, as part of his anti-Government campaign in which he encourages other people not to pay federal taxes.

      *************************************************************

       
      *Great!  Since there were no words in my file document even implying any sort of lien and only words relating factual acts and ommissions of specific parties, I THOUGHT I would have opportunity (on their dime) to lay out their lack of authorities. BULL CRAP! - never allowed to get there!
       
      *Answered Petition; denied each accusation, laid out law Dict. & court definitions of  LIEN, and in the absence of a DOJ definition of LIEN being otherwise before the court, pointed out key elements of a LIEN were missing in my documents, & motioned for dismissal for failure to state a claim upon which relief may be granted.
       
      *IMMEDIATELY DOJ responded & Motioned for Summary Judgment for --- really garbage reasons. I Answered Motion and IMMEDIATELY, Judge Walter S. Smith, Jr., granted Summary Judgment [see extract below] and offered sanctions for not complying. [This thing sailed through Judge Smith's court like an International Sailing Cup Race in a hurricane! A three month pre-conceived setup!]
       
      *Not wanting to keep some surviving Branch Davidians company, I complied.  So a small precident is set for the Government to label a DEFAULT as a LIEN -- and prosecute - sorry about that.
       
      *I've played in their 9th Appeals Court before and figured I'd get more of what I, the Davidians, and others had already gotten -  more JUST US. I Admit, I did not go there.
       
      Wayne
       
      ******** extract from court order *********

      With regard to Plaintiff's cross_motion for summary judgment, the Court, after a review of Defendant's "response," finds that there are no genuine issues of material fact and Plaintiffs cross_motion for summary judgment should be GRANTED. The documents filed in the McLennan County public records regarding Government employees have no basis in law or fact. Title 26, United States Code, section 7402(a) allows the Court to expunge such "tax protestor liens" from county records.  See Ryan v. Bilby, 764 P.2d 1325 (9th Cir. 1985). Accordingly,

      IT IS ORDERED

      that Defendant's motion to dismiss is DENIED.

      IT IS FURTHER ORDERED

      that Plaintiff's cross_motion for summary judgment is GRANTED.

      As a result of the Court granting Plaintiff's motion for summary judgment, the Court additionally finds that the following Order should be entered.

      IT IS FURTHER ORDERED

      that:

      1. Any document or instrument which purports to create a "lien," "common law lien,""writ of attachment," "garnishment," "commercial lien," "public notice of defau lt," "public notice of default declared," or any other non_consensual lien or encumbrance filed by Defendant Sterling W. Wyatt against the person or property of any government employee or others who are authorized and/or performed any act in connection with the assessment or collection of Defendant Wyatt's income tax liabilities are declared null and void ab initio and declared to have no force and effect.

      2 This Order may be filed and recorded by the United States in the Clerk's Office of McLennan County, Texas or any other county clerk's office in the state of Texas where such liens have been or will be filed by Defendant Sterling W. Wyatt.

      IT IS FURTHER ORDERED

      that regardless of the nomenclature, caption, title, or terms used to describe the document, Sterling W. Wyatt is permanently enjoined from filing or attempting to file any document or instrument which purports to create a "lien," "common law lien," "writ of attachment," "garnishment," "commercial lien," "public notice of default," "public notice of default declared," or any other non_consensual lien or encumbrance filed by Defendant Sterling W. Wyatt against the person or property of any government employee or others who are authorized and/or performed any act in connection with the assessment or collection of Defendant Sterling W. Wyatt's income tax liabilities. This injunction, however, shall not prevent Defendant Sterling W. Wyatt from applying to any state or federal court of competent jurisdiction in order to obtain relief for any non_frivolous legal claim, and this injunction shall not apply to or prohibit liens created by any court of competent jurisdiction.

      IT IS FURTHER ORDERED that any willful violation of this Order by Defendant Sterling W. Wyatt shall result in the imposition of sanctions.

      IT IS FURTHER ORDERED

      that the document styled "PUBLIC NOTICE OF DEFAULT DECLARED" filed in the McLennan County, Texas Public Records as instrument number 9730154 by Sterling W. Wyatt against Donald R. Kubiak and Pam Bigelow and that the document styled "PUBLIC NOTICE OF DEFAULT" filed in th; McLsnnan County, Texas Public Records as instrument number 2002014176 by Sterling W. Wyatt against Charles 0. Rossetti, K. Steven Burgess, J.D. Herrera, Donald Kubiak, and Nelda Wheeler are null and void and of no legal effect.

      IT IS FURTHER ORDERED

      that Defendant Sterling W. Wyatt advise the Court in writing within eleven (11) days of the date of this Order of any additional filings of  documents similar to those enumerated above against any government employees, the name of the individual or individuals listed in the document, the date and place of filing and other pertinent information

      Page 4

      relating to said filings in order for the Court to declare that those documents are likewise null and void and of no legal effect. Defendant is admonished that he will be ordered to appear in person in open court if he fails to comply with this Order.

      IT IS FURTHER ORDERED

      that Defendant J.A. "Andy" Harwell, McLennan County Clerk, expunge from the public records of McLennan County, Texas, any document or instrument which purports to create a "lien," "common law lien," "writ of attachment,"garnishment,""commercial lien," "public notice of default," "public notice of default declared," or any other non_consensual lien or encumbrance filed by Defendant Sterling W. Wyatt against the person or property of any government employee or others who are authorized and/or performed any act in connection with the assessment or collection of Defendant Sterling W. Wyatt's income tax liabilities.

      IT IS FURTHER ORDERED

      that Defendant J.A. "Andy" Harwell, McLennan County Clerk, expunge from the public records of McLennan County, Texas, the document styled "PUBLIC NOTICE OF DEFAULT DECLARED" filed in the McLennan County, Texas Public Records as instrument number 9730154 by Sterling W. Wyatt against Donald R. Kubiak and Pam Bigelow and the document styled PUBLIC NOTICE OF DEFAULT' filed in the McLennan County, Texas Public Records as instrument number 2002014176 by Sterling W. Wyatt against Charles 0. Rossetti, K. Steven Burgess, J.D. Herrera, Donald Kubiak, and Nelda Wheeler.

      SIGNED

      this 25th day of June 2002.

      /signed/ Walter S. Smith, Jr.

      WALTER S. SMITH, JR.

      UNITED STATES DISTRICT JUDGE

      [A Judgement said & contained essentiall the same!]

       
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