Good authority on IRS liens and levies
This is all true and sounds WONDERFUL but the fact is, NO ONE has ever taken the THIRD PARTY (Irwin Schiff vs. The Bank of America, for example) to court and won except for one case decided for a small amount by a magistrate. NO ONE (that I can find) has ever been successful in suing an IRS Agent for serving the Levy and it is impossible to prove any wrong doing, at least, to date to my knowledge. Suits against the IRS and Department of Treasury filed in a State Court to have the Levy/Lien removed (John Jennings' method, successful in 13 cases in Florida, where I live, but later over turned and remanded to the USDC as instructed by the US Attorney's office) are now illegally turned over to the Federal District Courts where upon request by the U.S. Attorney, are dismissed without a hearing.
Liability can not be established. Paul Andrew Mitchell prepared a SUBPONEA for me in the DCUS (not the USDC) which was served on the then Secretary of Treasury, Paul O'Neill, the details of which, with links, can be found here: http://www.supremelaw.org/press/rels/subpoena.htm
Personally, I now have a case prepared against a THIRD PARTY, an Investment Firm, Raymond, James Financial, Inc., which surrendered my funds on a Notice of Lien without a Court Order as required by law or a Judge's signature. I have not filed this case because of the futility of the battle. I used the letters and information found at http://www.supremelaw.org/rsrc/banklevy/index.htm These letters CLEARLY lay out the law and establish liability; however, with the Courts on the side of the IRS, the law is broken with impunity.
Further, I sent this same information to my Insurance Carrier last year to AVOID the IRS illegal actions, hopefully, without Due Process. It did no good. Even knowing the facts BEFORE surrendering the money to the IRS on a Notice of a Federal Tax Lien, the Insurance Company, New England, faithfully obeyed the IRS and this past month sold my stock and sent the money to the IRS only notifying me AFTER the fact.
Why does the IRS do this? Because they can. They have gotten away with acting illegally and since NO ONE has or can stop them, they continue.
Why do THIRD PARTIES comply with the IRS when they are fully cognizant of the law and proper procedures? Because of the fear and intimidation of the IRS and faith in the knowledge that the Courts will protect them no matter what the law says.
There is NO law when it comes to the Fraudulent IRS. There is no successful recourse against Third Parties who comply with the IRS.
Please fly these facts by your legal gurus and see if there are facts with which they are aware which would be helpful in combating the IRS under these circumstances. That the IRS is now "bowing out" does not help me or others in similar circumstances at all.
Tally: I agree with you totally. I think the naïve’ need to be warned, so, I’m posting this to the lists I participate in. I think the situation calls for some boxing tactics. When a boxer is in the ring with a powerful puncher known for knocking out opponents with a single blow, the most successful boxer against such a foe is going to be the one that can avoid the blow through stealth or slipping the punch. Here are punch slipping tactics:
1) Don’t own anything in your name. The Bible affirms this:
Matthew 5:5 (J.B. Phillips) Happy are those who claim nothing, for the whole earth shall belong to them.
Your mindset and approach should be, why would you want to lien that property, it’s not mine.
A thought; if you claimed an interest deduction for the house you live in on a return you filed with the IRS, and then transfer that house into a trust that is revocable or on which you are named as a trustee or beneficiary, and then still live in that house; it will be very easy for the IRS to have your trust deemed a sham or alter ego and help themselves to it. That interest deduction on the prior return will lead the IRS right to it. You’re going to have your name, and your children’s names, completely off that trust. You’re going to have to move too! Does that sound like work? Well, how much equity is in your house? Maybe it’s worth it.
2) Never use a Social Security Number. Treat anyone who wants that number as an enemy. The government is blind if they can’t get you to tell them that number. That’s their bar code on you.
3) Don’t do business with banks. They are the other end of the IRS. They are federal instrumentalities. The US Supreme Court has held that the records of the money that flowed through your account are not your records subject to the seizure protections of the 4th Amendment, but rather, are the records of the bank, a federal instrumentality, created by federal statutes. How convenient.
4) Get out of debt! All of your creditors are reporting to the credit reporting agencies. If the IRS looks in there and sees that you are current on a $500 a month payment on your Mercedes and a $1500 a month payment on your house; they know you’re getting money from somewhere. Your credit report will tell them where.
5) Don’t have any sources of income that can be diverted to the IRS by any single entity like an employer, securities broker or bank.
6) Stop relying on credit reporting agencies for anything. The IRS accesses those records and will use it to track down your assets. You need to turn that record off in its totality.
7) You simply cannot continue to maintain a checking account on any account that you’ve ever paid the IRS with. They keep those account numbers for future reference so they know where your accounts are. In fact, Bill Drexler suggests we do our banking across the border in Canada. He says they process on the Federal Reserve using US FRNs and yet would not be subject to bogus IRS notices of levy being outside the US. Maybe what he means it will be more difficult. I’m working on this now.
8) Stop getting mail delivered at an address. In the sample letter that comes with my Suits For Unlawful Tax Collection Activities one of the best issues is that they never provided proper notices as provided by federal statute at the address requested by the person being levied and therefore were unable to move forward on the collections process. They have the hardest time with general delivery. If you’re transient they can’t show you’re a resident of the US. Also, you aren’t receiving the benefit of the US Postal Service mail delivery.
I tend to think of this whole thing as a martial arts fight. I’m not a martial artist, but, I think I know this about it; you use your opponent’s momentum against him. Applied to law, this would mean that if you suspect you may go to court against the IRS, or end up there, you know in advance that the judge is owned by the IRS and is going to rule against you no matter how much research you do, how much authority you put before the court, or, how much the facts of the case are for you; you’ve got to anticipate the oppression. The momentum for the opponent in the instance of an IRS fight in court is the bias of the judge in favor of the IRS. He’s scared of them. He cooperates with them by filing a return. He works for the same government. My educated guess would be that there is a stack of case law unrelated to IRS issues out there where federal courts have held that a judge with an interest in the case or afraid of one of the parties may not sit on the case and must recuse. The federal courts put all that precedent on the books trying to give the appearance of justice when the IRS wasn’t a party. I’d line all that authority up in a brief or motion and say it long, loud, and often, “We can’t talk about anything else until we address the prejudice of the judge!” Also, I’d be ready to pursue that same issue respecting the jury; where’s my impartial jury? How can they be impartial when they are all filing returns? We’re talking Jahshuah’s parable of the unjust judge:
1ALSO [Jahshuwah] told them a parable to the effect that they ought always to pray and not to  turn coward (faint, lose heart, and give up).
2He said, In a certain city there was a judge who neither reverenced and feared God nor respected or considered man.
3And there was a widow in that city who kept coming to him and saying, Protect and defend and give me justice against my adversary.
4And for a time he would not; but later he said to himself, Though I have neither reverence or fear for God nor respect or consideration for man,
5Yet because this widow continues to bother me, I will defend and protect and avenge her, lest she give me  intolerable annoyance and wear me out by her continual coming or  at the last she come and rail on me or  assault me or  strangle me.
6Then the Lord said, Listen to what the unjust judge says!
7And will not [our just] Jah defend and protect and avenge His elect (His chosen ones), who cry to Him day and night? Will He  defer them and  delay help on their behalf?
8I tell you, He will defend and protect and avenge them speedily. However, when the Son of Man comes, will He find [ persistence in] faith on the earth?
That widow woman keeps coming back until the judge gets tired of hearing from her. I helped win a federal wire fraud case by taking just this approach. The judge appointed counsel for the defendant. The defendant fired the public defender and then got on the all caps name isn’t me issue. The judge was trying to get him to waive counsel. The defendant kept going back to, why do I need to do anything, I’m not a party to the case; that’s not my name. The judge says, “We can’t stay here all day.” The prosecutor felt sorry for the judge and suggested that maybe he could solve the problem. The defendant and the prosecutor went out in the hall. The prosecutor asked the defendant a couple questions about priors; the defendant answered to his liking, and the prosecutor dismissed him out as a defendant! This was a win simply on persistence.
As I re-read the parable of the unjust judge two things occurred to me:
1) This parable is about persistence in prayer.
2) Prayer should be the first line of defense against an unjust judge instead of a last resort!
You know what? You’re prayers aren’t going to work with Jah unless you’re on the right side of the issue. If you’re trying to get out of paying taxes you can have more money for yourself, your prayers aren’t going to work. On the other hand, you are refusing to pay taxes because it violates the principle of full disclosure set out in Isaiah:
1 At that time Merodachbaladan, the son of Baladan, king of Babylon, sent letters and a present to Hezekiah: for he had heard that he had been sick, and was recovered.
2 And Hezekiah was glad of them, and shewed them the house of his precious things, the silver, and the gold, and the spices, and the precious ointment, and all the house of his armour, and all that was found in his treasures: there was nothing in his house, nor in all his dominion, that Hezekiah shewed them not.
3 Then came Isaiah the prophet unto king Hezekiah, and said unto him, What said these men? and from whence came they unto thee? And Hezekiah said, They are come from a far country unto me, even from Babylon.
4 Then said he, What have they seen in thine house? And Hezekiah answered, All that is in mine house have they seen: there is nothing among my treasures that I have not shewed them.
5 Then said Isaiah to Hezekiah, Hear the word of the LORD of hosts:
6 Behold, the days come, that all that is in thine house, and that which thy fathers have laid up in store until this day, shall be carried to Babylon: nothing shall be left, saith the LORD.
The concept is that filling out and filing a tax return is this same full disclosure that got Hezekiah in trouble with the prophet and Jahweh. Another Biblical principle you could stand on comes from Matthew 22:
16 And they sent out unto him their disciples with the Herodians, saying, Master, we know that thou art true, and teachest the way of God in truth, neither carest thou for any man: for thou regardest not the person of men.
17 Tell us therefore, What thinkest thou? Is it lawful to give tribute unto Caesar, or not?
18 But Jesus perceived their wickedness, and said, Why tempt ye me, ye hypocrites?
19 Shew me the tribute money. And they brought unto him a penny.
20 And he saith unto them, Whose is this image and superscription?
21 They say unto him, Caesar's. Then saith he unto them, Render therefore unto Caesar the things which are Caesar's; and unto Jah the things that are Jah's.
22 When they had heard these words, they marvelled, and left him, and went their way.
Where you believe that everything you have is Jah’s and that therefore there is nothing left for Caesar; then, you’re prayers will be heard. Jah will then become an enemy of your enemies (IRS) and they’ll have more trouble than they can deal with. Jah’s not going to bless or hear the prayers of people that operate in the “pride of life,” “lust of the eyes,” or the “lust of the flesh.” See 1 John 2:16. Those things are of this world and the people that participate in them owe a tax. Bear
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----- Original Message -----
Sent: Monday, June 02, 2003 11:26 PM
Subject: [tips_and_tricks] Good authority on IRS liens and levies
IRS Liens and Levies (Author Un-Known)
Many of us are only too familiar with the story of a friend or family member who went to
an ATM machine to take out some cash only to discover that their balance had somehow
dropped to "$0.00". The IRS, without warning, had emptied their bank account. Others
may have had their weekly paycheck "attached" by the IRS. Such individuals, in
describing their intense feelings of anger and frustration over the apparent outright theft of
their personal property, speak of having been "robbed," yet seemingly have no legal
recourse. In fact, there is recourse under the law for those Americans willing to pursue
their legal rights to their property - namely, their money, the heard-earned fruits of their
labor. The Internal Revenue Code (Title 26) is the body of law that contains the legal