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Three quick questions...

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  • Fred Marshall
    Three questions.... 1. Has anyone successfully gotten the company for which they work to stop withholding from their pay (i.e. terminating a W-4) without
    Message 1 of 7 , Sep 25, 2006
      Three questions....

      1. Has anyone successfully gotten the company for which they work to
      stop withholding from their pay (i.e. terminating a W-4) without
      themselves being terminated? (Please - no theory or suggestions - I'm
      looking for experience & testimonials.)

      2. Does anyone know of an instance where a company has suffered
      consequences from not honoring (or no longer honoring) a Notice of Levy
      for a worker? (Or, conversely, where a company refused to honor (or
      continue to honor) a Notice of Levy and experienced no repercussions?)

      3. Does anyone have an experience (positive or negative) s/he is willing
      to share resulting from the approach found in Pete Hendrickson's book
      "Cracking the Code" on filing (and obtaining) refunds (especially if you
      are/were a non-filer)?

      Thanks in advance for your time & responses!
    • Michael W. Gifford
      ... After reading Cracking the Code, I amended returns for 94-97 and filed Married Filing Separately for my wife and I from 2000 to present. I immediately
      Message 2 of 7 , Sep 26, 2006
        > 3. Does anyone have an experience (positive or negative) s/he is willing
        > to share resulting from the approach found in Pete Hendrickson's book
        > "Cracking the Code" on filing (and obtaining) refunds (especially if you
        > are/were a non-filer)?
        >
        After reading Cracking the Code, I amended returns for 94-97 and filed
        'Married Filing Separately' for my wife and I from 2000 to present. I
        immediately got the 3176 letters (frivolous filer), which I responded to
        with no response from the IRS. Since then they have added $500 frivolous
        filing fines on each year on both of us, and started notice of levy. My wife
        and I go to hearings with the state tomorrow to appeal their reassessments.

        I've gone from hopes of getting over 50K back to alleged debt of over 100k.
        I'm now paying OCIAA $3,500 to do FOIA's and prepare to take the offensive
        against them in the form of a lawsuit. I've given up on ever getting my
        money back and am simply fighting to make it go away and stay out of prison.
        I went to Hendrickson's site and got a few sample letters, as well as
        purchasing his follow up CD, but when I eMailed him asking for any more
        current responses he was quite condescending and blew me off.

        I'm glad I'm finally fighting and preparing to go after the IRS, but I'm not
        a fan of the way I got here or the lack of support from him when I didn't
        get my refunds.
        --
        Mike Gifford
        MACwiz
        2828 Dimond Drive
        West Jordan, UT 84084
        801.566.3962 voice
        801.566.6722 fax
        801.243.8255 cell
        gif@...

        The World will have Peace when the Power of Love is Greater than the Love of
        Power! No Matter the Question, Love is the Answer!
      • Joy Metcalf
        ... I was tried and convicted by the STATE for tax evasion and filing false documents for using this approach. The state filed charges within a week and a
        Message 3 of 7 , Sep 26, 2006

          3. ...an experience (positive or negative)...from ..."Cracking the Code"

          I was tried and convicted by the STATE for tax evasion and filing false documents for using this approach.  The state filed charges within a week and a half of filing the returns.  The jury was ignorant, the trial was a setup, and I was stupid and inept in their courts.


          "A government under the U.S. Constitution, to paraphrase columnist Joseph Sobran, would be a radical improvement over the one we have today.­Las Vegas Review Journal





















        • soitgoes2day@aol.com
          In a message dated 9/25/06 11:43:53 PM Eastern Daylight Time, ... As a sympathetic employer, I recommend for my child support strapped fathers, that they work
          Message 4 of 7 , Sep 26, 2006
            In a message dated 9/25/06 11:43:53 PM Eastern Daylight Time, fredm07@... writes:


            Has anyone successfully gotten the company for which they work to
            stop withholding from their pay (i.e. terminating a W-4) without
            themselves being terminated? (Please - no theory or suggestions - I'm
            looking for experience & testimonials.)


            As a sympathetic employer, I recommend for my child support strapped fathers, that they work for a 1099 instead of w-4. This way their commision being paid as wages for labor have no deductions taken out at time of check issuance, but instead remains their own responsibility obligation of the commissioned wage earner for them to doing whatever they darn well please afterwards so far as making their own contrubutions at years end. Buys  time as well as advanatge being they can expense out therir cars, gas tolls, etc all part of their jobs reducing their own tax liability
          • macwildstar
            ya know, we never hear about what PREPERATIONS these people took, or what evidence they submitted to the court as proof of their actions being done. I wonder
            Message 5 of 7 , Sep 26, 2006
              ya know, we never hear about what PREPERATIONS these people took, or what evidence they submitted to the court as proof of their actions being done.
               
              I wonder how many of these convictions were the result of people "just jumpping on the bandwagon" and submitting stuff, without first prepairng a papertrail to support their actions.
               
              ----- Original Message -----
              Sent: Tuesday, September 26, 2006 7:48 AM
              Subject: Re: [tips_and_tricks] Three quick questions...


              3. ...an experience (positive or negative)...from ..."Cracking the Code"

              I was tried and convicted by the STATE for tax evasion and filing false documents for using this approach.  The state filed charges within a week and a half of filing the returns.  The jury was ignorant, the trial was a setup, and I was stupid and inept in their courts.


              "A government under the U.S. Constitution, to paraphrase columnist Joseph Sobran, would be a radical improvement over the one we have today.­Las Vegas Review Journal






















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            • Joy Metcalf
              I had a paper trail for the past 6 years. It meant nothing. Mine was an action brought by the state, and I can tell you that they are worse than the feds. Ya
              Message 6 of 7 , Sep 26, 2006
                I had a paper trail for the past 6 years.  It meant nothing.  Mine was an action brought by the state, and I can tell you that they are worse than the feds.

                Ya know.

                At 01:30 PM 9/26/2006 -0400, you wrote:
                ya know, we never hear about what PREPERATIONS these people took, or what evidence they submitted to the court as proof of their actions being done.
                 
                I wonder how many of these convictions were the result of people "just jumpping on the bandwagon" and submitting stuff, without first prepairng a papertrail to support their actions.


                Joy Metcalf   rosawoodsii@...

                "A government under the U.S. Constitution, to paraphrase columnist Joseph Sobran, would be a radical improvement over the one we have today.­Las Vegas Review Journal





















              • Mel Furtado
                Response below in red. 1. Has anyone successfully gotten the company for which they work to stop withholding from their pay (i.e. terminating a W-4) without
                Message 7 of 7 , Sep 26, 2006
                  Response below in red.
                   
                  1. Has anyone successfully gotten the company for which they work to
                  stop withholding from their pay (i.e. terminating a W-4) without
                  themselves being terminated? (Please - no theory or suggestions - I'm
                  looking for experience & testimonials. )
                  I've not had a problem getting several companies to stop withholding.  One questioned my "exempt" delclaration, but had little to say when I pointed out that I had no income tax liability last year, and had no reason to believe I would have any liability this year, and since that was the only lawful conditions for exemption filing, I was so very confident of these facts that I signed it under penalty of perjury.  I informed them that the government can always challenge my declaration, but that they had no lawful authority to do anything but accept it.  I also provided them with relevant CFRs that specifically spelled out the conditions of the "voluntary agreement" between an employer and employee.  There are also a couple of IRC circulars and publications that detail the employer's responsibility regarding "exempt" filers. 
                   
                  2. Does anyone know of an instance where a company has suffered
                  consequences from not honoring (or no longer honoring) a Notice of Levy
                  for a worker? (Or, conversely, where a company refused to honor (or
                  continue to honor) a Notice of Levy and experienced no repercussions? )
                  I know of instances where the notice of levy was challenged via a letter to the IRS agent who sent the notice, asking him to sign a AFFIDAVIT OF OBLIGATION AND INDEMNIFICATION FROM LIABILITY, where no response was ever received, and the notice of levy was ignored.  Although this is quite rare, my cousin's emplyer, Verizon, complied with his request based on the claim that the Notice itself was bogus since it did not include the relevant part of section 6331 regarding to whom a notice applied (part A has been conveniently omitted).  I filed a suit against my employer for informing me that they were going to honor it despite several notices to them explaining that the form was bogus.  Although they agreed that things just didn't add up, they feared losing their tax-exempt status by challenging the IRS agent's authority.  They actually told me that a suit and order by the court would be the only way they could cover their behinds, and feel safe from IRS retalliation.  I have all the documents filed in state court regarding my suit and complaint if you are interested... contact me directly and I'll send them to you for review.  Although I did not win the case, nor the appeal, I did win in the end.  Believe it or not, as a last resort, and before my employer turned anything over, I called the collections division and talked with a very informed agent (and honest too).  I informed him that the notice could not be lawfully administered because of the amount I had earned (this was a 3 month contract for services totalling about $1500).  I demanded that he send a letter retracting the notice on this ground.  HE AGREED!  So despite the judges bogus decision (which basically was, "Since LJA is a corporation, and it is subject to federal income taxes, all of its employees are the equivalent of federal workers."), They have not gotten a dime, and never will! 

                  26 CFR Sec 31.3402 (p)-1 Voluntary withholding agreements

                  a) In general. An employee and his employer may enter into an agreement under section 3402 (p) to provide for the withholding of income tax…

                  b) … an employee who desires to enter into an agreement under section 3402 (p) shall furnish his employer with Form W-4 (withholding exemption certificate) executed in accordance with the provisions of section 3402 (f) and the regulations thereunder. The furnishing of such Form W-4 shall constitute a request for withholding....

                  (2) An agreement under section 3402 (p) shall be effective for such period as the employer and employee mutually agree upon.  However, either the employer or the employee may terminate the agreement prior to the end of such period by furnishing a signed written notice to the other.

                  http://www.newswithviews.com/Devvy/kidd26.htm  from...

                  HOW THE IRS LIES TO EMPLOYERS ABOUT WITHHOLDING

                  26 CFR §31.3402(p)-1(a) "An employee who desires to enter into an agreement for withholding...shall furnish his employer with Form W-4 (or its equivalent) for withholding. The furnishing of such Form W-4 shall constitute a request for withholding." 

                  31 CFR §215.2(n)(1) Consensual taking from pay occurs only when an employee voluntarily elects in writing to volunteer to participate in any (federal, state, city or county) municipal corporate tax, program, insurance (disability, Medicare), trust (social security), including non-judicial tax levy, garnishment for taxes, tax offsets, tax interest or penalty and the employer consents such a request.

                  Hope this helps! 
                  Mel
                   
                  ----- Original Message -----
                  Sent: Monday, September 25, 2006 4:42 PM
                  Subject: [tips_and_tricks] Three quick questions...

                  Three questions... .

                  1. Has anyone successfully gotten the company for which they work to
                  stop withholding from their pay (i.e. terminating a W-4) without
                  themselves being terminated? (Please - no theory or suggestions - I'm
                  looking for experience & testimonials. )

                  2. Does anyone know of an instance where a company has suffered
                  consequences from not honoring (or no longer honoring) a Notice of Levy
                  for a worker? (Or, conversely, where a company refused to honor (or
                  continue to honor) a Notice of Levy and experienced no repercussions? )

                  3. Does anyone have an experience (positive or negative) s/he is willing
                  to share resulting from the approach found in Pete Hendrickson' s book
                  "Cracking the Code" on filing (and obtaining) refunds (especially if you
                  are/were a non-filer)?

                  Thanks in advance for your time & responses!

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