Loading ...
Sorry, an error occurred while loading the content.

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

Expand Messages
  • 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 1 of 6 , Jul 2, 2005
    • 0 Attachment
      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 2 of 6 , Jul 3, 2005
      • 0 Attachment
        ---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?
      Your message has been successfully submitted and would be delivered to recipients shortly.