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Re: [tips_and_tricks] Notice of Levy

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  • JD
    One definition - may be others CONSTRUCTIVE SEIZURE - Constructive seizure is the expression of a manifest intent to seize and take possession of another
    Message 1 of 15 , Oct 13, 2005
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      One definition - may be others
       

      CONSTRUCTIVE SEIZURE –

      "Constructive seizure" is the expression of a manifest intent to seize and take possession of another person's property by posting or otherwise lawfully giving notice that action will be undertaken seeking the property's forfeiture. A constructive seizure does not remove the property from the physical custody of the possessor.
       
      ----- Original Message -----

      Re: "A "levy" requires that property be brought into
      legal custody through seizure, actual or constructive", what
      is "constructive seizure"?






    • john babinski
      try using google, they are are as good as findlaw in most cicumstances, a notice of levy has no force of law w/o a jurdges order, signed, dated & a court seal
      Message 2 of 15 , Oct 13, 2005
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        try using google, they are are as good as findlaw in most cicumstances, a notice of levy has no force of law w/o a jurdges order, signed, dated & a court seal
        NOTICE OF LEVY: A Frightening Fraud
        NOTICE OF LEVY: A Frightening Fraud. by John L. Sasscer ... accountants and attorneys are unaware that an IRS Notice of Levy that is sent to them has no ... have shown that the IRS generally creates false records. These records indicate ...
        www.worldnewsstand.net/law/levy.htm - 26k - Cached - More from this site - Save -
        Kelly Roe <kellyroe@...> wrote:Biggest piece of advice - go pull the case at the law library. Anything you
        get onlin(Findlaw, etc...) may or may not be complete.


        ----- Original Message -----
        From: "usmc63cag"
        To:
        Sent: Monday, October 10, 2005 3:08 PM
        Subject: [tips_and_tricks] Notice of Levy


        > Hello to all,I'm new to the group & look forward to learning alot from
        > this group.I'm looking for a citation for a case ( United States
        > v.O'Dell).The company I work for recived a notice of levy & is
        > illigaly compling with it.I came across this while gathering info to
        > prove to them they need a court order.Any help would grate.Please put
        > in the Subject line that your responding from this group so I don't
        > deelet it by mistake. Thank You Chuck
      • gary
        I think you are mixing apples and oranges here. A summons for books and records - that was the summons in the Shultz case - has no relationship to a levy.
        Message 3 of 15 , Oct 13, 2005
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          I think you are mixing apples and oranges here.  A summons for books and records - that was the summons in the Shultz case - has no relationship to a levy.  They are entirely different processes with entirely different aims.  Should there be a court order for a levy, I agree with probably everyone here that the answer is YES.  However, the Shultz case has no bearing on the procedure for levy, at least not in the part you quoted.
           
          Gary
          ----- Original Message -----
          Sent: Tuesday, October 11, 2005 6:16 AM
          Subject: [tips_and_tricks] Re: Notice of Levy

          Chuck,
          After you review u.s. v. o'dell...Go to givemeliberty.org.
          Bob shultz case also states there has to be a federal court order
          for any levy.

          Â"...absent an effort to seek enforcement through a federal court,
          IRS summonses apply no force to taxpayers, and no consequence
        • csmy176
          I m looking for a citation for a case ( United States v.O Dell). This case is even referenced in the IRS Collection Due Process Handbook. If you need a copy of
          Message 4 of 15 , Oct 17, 2005
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            I'm looking for a citation for a case ( United States
            v.O'Dell).

            This case is even referenced in the IRS Collection Due Process
            Handbook. If you need a copy of the handbook go to
            http://www.losthorizons.com
          • csmy176
            ... and records - that was the summons in the Shultz case - has no relationship to a levy. They are entirely different processes with entirely different aims.
            Message 5 of 15 , Oct 17, 2005
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              --- In tips_and_tricks@yahoogroups.com, "gary" <gary2666@c...> wrote:
              >
              > I think you are mixing apples and oranges here. A summons for books
              and records - that was the summons in the Shultz case - has no
              relationship to a levy. They are entirely different processes with
              entirely different aims. Should there be a court order for a levy, I
              agree with probably everyone here that the answer is YES. However,
              the Shultz case has no bearing on the procedure for levy, at least not
              in the part you quoted.

              Please read the full rulings and also the questions and answeres to
              that case. Everything that is stated in that case is on record. The
              main gesture of the ruling is that in order for the IRS to even begin
              pursuing any proceeding against a person they must have a federal
              court order, this would in my opinion include claiming a "frivoluos
              return". For the private sector person this means they have to even
              have a valid court order to obtain personal information from you, if
              you do not volunteer willing.
            • JOHN INGRESS
              Re: Please read the full rulings and also the questions and answeres to that case. Everything that is stated in that case is on record. Please specify which
              Message 6 of 15 , Oct 18, 2005
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                Re: "Please read the full rulings and also the
                questions and answeres to that case. Everything that
                is stated in that case is on record."
                Please specify which case you are referring to,
                thanks.
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