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Re: How to 'circumvent' 28 USC 2201(a)?

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  • paradoxmagnus
    Maybe you should ask the IRS the right questions, demand a YES or NO answer, demand that they identify the ORIGINAL STATUTE that created any such LIABILITY and
    Message 1 of 6 , Jul 2, 2005
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      Maybe you should ask the IRS the right questions, demand a YES or NO
      answer, demand that they identify the ORIGINAL STATUTE that created
      any such LIABILITY and let them know that silence activates estoppel
      per Carmine v. Bowen and that Silence is a fraud, where there is a
      legal or moral duty to speak, or where an inquiry left unanswered
      would be intentionally misleading per U.S. v. Tweel.

      Of course the person answering these questions may decide to invoke
      their 5th Amendment rights which will activate ESTOPPEL.

      And of course this coorespondance would be EVIDENCE to PROVE things,
      wouldn't it?

      Patrick in California

      "In order to convince the masses, You must tell a greater lie as no
      one will believe a lesser."- Adolph Hitler



      --- In tips_and_tricks@yahoogroups.com, "realjethro"
      <realjethro@y...> wrote:
      > Hello all - We are attempting to determine how to get around
      the "ban" against declaratory
      > judgments regarding federal income tax, found in 28 USC 2201(a).
      > http://caselaw.lp.findlaw.com/scripts/ts_search.pl?
      title=28&sec=2201 The pertinent
      > part reads:
      >
      > (a) In a case of actual controversy within its jurisdiction,
      > except with respect to Federal taxes other than actions brought
      > under section 7428 of the Internal Revenue Code of 1986 [...]
      > any court of
      > the United States, upon the filing of an appropriate pleading,
      may
    • realjethro
      Paradox: Thank you. Yes, those are certainly some of the right questions to ask. Question is, how do get to the point where you may ask those questions? And
      Message 2 of 6 , Jul 2, 2005
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        Paradox:

        Thank you. Yes, those are certainly some of the right questions to ask. Question is, how
        do get to the point where you may ask those questions? And more importantly, how do
        you get into position to ask those questions by going on *offense*? (A much better
        position to be in than defense). Declaratory judgments seem to be the way to go, but
        since they're "banned" by §2201 (with respect to Federal taxes), one's hands seem to be
        tied.

        Might §2201 be challenged on constitutional grounds? §2201 seems repugnant to the
        very foundation of the Republic.

        --- In tips_and_tricks@yahoogroups.com, "paradoxmagnus" <paradoxmagnus@e...>
        wrote:
        > Maybe you should ask the IRS the right questions, demand a YES or NO
        > answer, demand that they identify the ORIGINAL STATUTE that created
      • drbradb1
        ... right to petition the govt. Brad ... judgments are ... declare one s ... USC
        Message 3 of 6 , Jul 3, 2005
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          ---You will lose using "code".Petition the court under your 1st amendment protected
          right to petition the govt.
          Brad
          > part reads:
          >
          > (a) In a case of actual controversy within its jurisdiction,
          > except with respect to Federal taxes other than actions brought
          > under section 7428 of the Internal Revenue Code of 1986 [...]
          > any court of
          > the United States, upon the filing of an appropriate pleading, may
          > declare the rights and other legal relations of any interested
          > party seeking such declaration, whether or not further relief is or
          > could be sought. Any such declaration shall have the force and
          > effect of a final judgment or decree and shall be reviewable as
          > such.
          >
          > So, it appears as though "frontal assaults" regarding Federal tax declaratory
          judgments are
          > not allowed (is that constitutional?), but perhaps another way? How can one
          declare one's
          > status and activities as not subject to Federal taxation jurisdiction in light of 28
          USC
          > 2201(a)? Is there another or better way to accomplish the end sought?
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