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Re: Dismiss for Failure to State a Claim...

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  • nickster97@yahoo.com
    Brad, The tax is on the passing of and recieving of FRNs. The more you collect, the more you owe in income tax for those Subject to the jurisdiction 26 CFR
    Message 1 of 12 , Nov 1, 2004
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      Brad,

      The tax is on the passing of and recieving of FRNs. The more you
      collect, the more you owe in income tax for those "Subject to the
      jurisdiction" 26 CFR 1.1-1. Who is under that jurisdiction? Any United
      States citizen that is enamoured with a number, be it EIN, SSN or Some
      TIN users. The tax is a tax on the priveledges associated with being a
      US citizen, namely limited liability, discharge of debt under HJR 192,
      and the associated "Benefits" of Social Security.

      The ONLY way out of the income tax scheme is to reclaim soveringnty
      which is total self sufficiency without a number. Other than that, the
      best way is to learn how to mininmize your tax exposure by learning
      about entities which is how the game is set up and played.

      The problem with most anti tax promoters is that they depend on old
      law that doesn't pertain to what it really is today...The new deal
      created this mess and we should thank our parents and grandparents for
      messing things up for us. There really is no way to repair the damage
      now, people would rather have security than freedom.

      As far as trying to beat the IRS at their game, forget it, they are
      both executive and judicial tied together to uphold public policy
      rather than law. It will not do you any good. The 23C argument has
      been tried and is a loser. It would be much better to spend your time
      , money and energy studying the game as it stands and winning in that
      relm than fighting and losing. Just to remind you, name me someone
      that has won big time in the past 40 years?



      --- In tips_and_tricks@yahoogroups.com, "drbradb1" <drbradb1@y...> wrote:
      >
      > Nick, you have used the word assessed or assessment in your
      post.What is the
      > definition you are using?The legal proper procedurally correct
      assessment is the 23C
      > Form.Why is it there is never one of these in our IMF's?The 4340 and
      Racs 006 are
      > only presumptive evidence of an assessment.Why not rebutt the IRS
      presumptions in
      > an evidentiary manner, and make the IRS come forth with a 23C?How do
      I rebutt the
      > presumption that I am a fiduciary of some trust when I can't prove
      that that is what
      > the IRS is acting on?I can use their own manuals and regs to prove
      they must have a
      > 23C.Brad
    • David L. Miner
      Nick -- I don t want to sound rude, but you really do not have an accurate understanding of the current so-called income tax. The income tax has nothing to do
      Message 2 of 12 , Nov 2, 2004
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        Nick --

        I don't want to sound rude, but you really do not have an accurate
        understanding of the current so-called income tax.

        The income tax has nothing to do with "the passing of and receiving of
        FRNs." And it is not "a tax on the privileges associated with being a US
        citizen." It may be a tax BECAUSE of the privileges but it is not a tax on
        the privileges.

        The current income tax as it is enforced on individual Americans is an
        excise tax on certain businesses and privileges. If you are not involved in
        those businesses or privileges, the tax does not apply to you. It is as
        simple as that.

        You claim "the ONLY way out of the income tax scheme it to reclaim
        sovereignty." That is somewhat true. But then you go on to say that "is
        total self sufficiency without a number." There you missed the boat again.
        No matter what you do, that number is associated with you. The SSN and the
        IRS will never cancel that number or disassociate it with your name. No
        matter what efforts you put out, they SSN and the IRS will STILL have that
        number associated with your name.

        No matter what you claim about trusts, the so-called income tax and the Form
        1040 have nothing to do with trusts and fiduciaries.

        I have managed to do things which you disclaim and have removed myself and a
        couple thousand clients off the rolls of the IRS. The trick has nothing to
        do with the SSN and nothing to do with your disclaimer of "old laws." The
        trick to getting the IRS out of your life is to force it to correct the
        intentional and fraudulent lies contained in your Individual Master File.
        Every American who has ever filed a Form 1040 has an IMF. In that IMF are
        specific errors that allow for the IRS to do what it wants. Correct those
        errors and the IRS is magically limited by the laws. Why? Because the IRS
        software does not allow any agent to initiate any demands or collection
        efforts against an individual American properly described in his/her IMF.
        You can choose to disengage from society or government or FRNs or banks or
        anything else you want. That is fine with me. But I can get the IRS off
        your back with a lot less hassle and grief.

        I have decoded hundreds of IMF records. Almost every one has the individual
        listed as a business that earns more than $10 million a year. Almost every
        IMF has the individual listed as using a bogus SSN or the SSN belonging to
        another. And most files have the individual listed as being required to
        file returns from the US Virgin Islands.

        Brad was correct -- you can force the IRS to live according to the laws.
        But there are certain exact procedures you must go through in order to
        accomplish that. And those procedures do involve (actually start with) the
        lawful assessment, although they do not require the Form 23C. The form is
        not listed in law so the IRS can change forms when it wants, and the IRS
        stopped using that Form about 10 years ago, for the most part. The form is
        not required by law, but the assessment is. So the IRS usually uses a means
        of recording the assessment that does not involve the Form 23C.

        But you can only confront the IRS properly if you go into a special hearing
        armed with all the errors in the IMF. The IRS has the authority to complete
        an informal assessment and proceed with collections, but ONLY for certain
        businesses and certain business returns. If they have you listed as that
        type of business then you can challenge all you want and the IRS will stand
        by its "assessment." On the other hand, force the IRS to change you from a
        business to an individual not involved in a revenue taxable activity, and
        suddenly the agent is faced committing a felony by persecuting you for not
        fulfilling the requirements that don't apply to you. Until the IMF is
        changed, however, the IRS is required by law to act according to the data in
        that file. The IRS isn't ignoring the law -- it is following the law,
        according to the info it has about you.

        This is why so many efforts to challenge the IRS fail. Patriots demand that
        the IRS follows the law. The IRS claims it is, or it ignores us and doesn't
        claim anything at all. Why? Because if the info in your IMF is correct,
        then you are merely lying to the IRS agent to avoid paying the tax. So you
        get the IRS to change the IMF and the IRS has no legal means of avoiding
        charges of fraud. The agent ceases pursuing you or faces jail.

        It is deeper than that, and more permanent than that. But that is the
        simplified description of the process.

        Frank or Mary or Jim screams, "You can't assess me or tax me or levy my bank
        account." The IRS says, "You are a farming business in the US Virgin
        Islands earning in excess of $10 million a year selling your stuff to
        America. Yes we can."

        I force the IRS to correct the errors so when I challenge it, the record
        says, "No, Agent, you really CAN'T do that to him."

        You said: "...name me someone that has won big time in the past 40 years? "

        My name is David L. Miner. I live in Gatlinburg, TN. I have not filed or
        paid in 15 years. I have helped more than 2,000 Americans get to that same
        place.

        Yours in freedom,

        Dave Miner
        www.FreedomSite.net



        -----Original Message-----
        From: nickster97@... [mailto:nickster97@...]
        Sent: Tuesday, November 02, 2004 2:51 AM
        To: tips_and_tricks@yahoogroups.com
        Subject: [tips_and_tricks] Re: Dismiss for Failure to State a Claim...


        Brad,

        The tax is on the passing of and recieving of FRNs. The more you
        collect, the more you owe in income tax for those "Subject to the
        jurisdiction" 26 CFR 1.1-1. Who is under that jurisdiction? Any United
        States citizen that is enamoured with a number, be it EIN, SSN or Some
        TIN users. The tax is a tax on the priveledges associated with being a
        US citizen, namely limited liability, discharge of debt under HJR 192,
        and the associated "Benefits" of Social Security.

        The ONLY way out of the income tax scheme is to reclaim soveringnty
        which is total self sufficiency without a number. Other than that, the
        best way is to learn how to mininmize your tax exposure by learning
        about entities which is how the game is set up and played.

        The problem with most anti tax promoters is that they depend on old
        law that doesn't pertain to what it really is today...The new deal
        created this mess and we should thank our parents and grandparents for
        messing things up for us. There really is no way to repair the damage
        now, people would rather have security than freedom.

        As far as trying to beat the IRS at their game, forget it, they are
        both executive and judicial tied together to uphold public policy
        rather than law. It will not do you any good. The 23C argument has
        been tried and is a loser. It would be much better to spend your time
        , money and energy studying the game as it stands and winning in that
        relm than fighting and losing. Just to remind you, name me someone
        that has won big time in the past 40 years?


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      • nickster97@yahoo.com
        That was not a rude post, this is what discussion boards are all about. All I really want to know about is how do you get around the 7852(e) exemption for the
        Message 3 of 12 , Nov 2, 2004
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          That was not a rude post, this is what discussion boards are all
          about. All I really want to know about is how do you get around the
          7852(e) exemption for the IRS not to change information and reduce
          liabilities?

          We have been working on that one, and that is a stumbling block

          The provisions of subsections (d)(2), (3), and (4), and (g) of section
          552a of title 5, United States Code, shall not be applied, directly or
          indirectly, to the determination of the existence or possible
          existence of liability (or the amount thereof) of any person for any
          tax, penalty, interest, fine, forfeiture, or other imposition or
          offense to which the provisions of this title apply.

          They have been using this provision against us for the past year.



          --- In tips_and_tricks@yahoogroups.com, "David L. Miner" <dminer@f...>
          wrote:
          >
          > Nick --
          >
          > I don't want to sound rude, but you really do not have an accurate
          > understanding of the current so-called income tax.
          >
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