RE: [tips_and_tricks] Tax Court
- Dan --There is a very important difference between what I described and what you experienced. In order to take cash, the IRS just makes a phone call or creates a document. Upon receiving said phone call or document, the responsible persons involved (employer or banker) simply hands over anything demanded without question. This scenario happens every day, with or without a return being filed by the individual.On the other hand, the IRS has to go to court to take possession of a physical asset. So it does so only when it can allege and prove fraud.To take your wages, the IRS uses Form 668-W, often with no signature on it.To take your bank account, the IRS uses Form 668-A, often with no signature on it.To take your house or car, the IRS uses Form 668-B, complete with at least one notarized signature.Form 668-B has info relative to the judge and the case number. The others do not. The IRS treats taking physical assets totally differently that merely confiscating cash. I do not believe the law allows for this difference. I believe it is a function of the IRS taking the easy path, breaking the law while doing so.Sorry about your loss. But there are things that you can do about it. If it happens again, please contact me off-group.Yours in financial freedom,Dave MinerMay I be the first then, if confiscating a large portion of a paycheck can be included in your descriptions. I had not filed for the years in question, but they, of course, made SFR's. At some time before the 10 year SoL they confiscated some $6,600 in a 3 month period. Illegal? Yes, on many levels. Can you do anything about it? No. You just try to make it on what's left and get through it.
From: firstname.lastname@example.org [mailto:email@example.com] On Behalf Of Circuitman
Sent: Tuesday, May 30, 2006 1:04 PM
Subject: Re: [tips_and_tricks] Tax Court
At 11:07 PM 5/21/2006 -0400, you wrote:
In 16 years of
fighting the IRS, I have never heard of the IRS attempting to confiscate a
house or a car or a boat or anything of this nature unless the individual
filed a Form 1040 and lied on it. I have never heard of the IRS ever going
after the house or car or boat or anything else of this nature when the
individual simply did not file.
Dan the CircuitMan
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- I am sorry to hear that. You were taken. The IRS had no legal authority to
do what it did, and the courts would have stopped it if you knew how to
pursue it. The CFR, the IRM and the LEM all state that the IRS must go
through State courts and follow all State procedures , and all States
require a warrant of some sort from a judge in order for any person
(including agency) to take real estate.
It is possible that the local judge was working with the IRS on this, but
the entire process was crooked and could have been stopped. Yes, you can
stop the IRS from moving illegally, if you know what to do.
Yours in financial freedom,
> Dan --what you
> There is a very important difference between what I described and
In the above response you posted, you stated;"On the other hand, the IRS has
to go to court to take possession of a physical asset". Dave, when the IRS
seized and sold my home and land, they never went to court. All the IRS did
was declare my real property seized, and sold said real property at a sealed