|Sent on:||Wednesday, December 12, 2012 12:21 PM|
----- Original Message -----
Sent: 12/12/12 02:02 AM
To: Steven Dempsey
Subject: Wednesday: Barry ILLUMINATES the room - THE IRS SCATTER !!!
REMEMBER: CHECK FOR THE NEW PHONE AND PIN NUMBER FOR THESE CALLS BY LOGGING INTO YRIITL AND CLICKING ON THE FREE TELE-CONFERENCES TAB Public Service Announcement: THIS Wednesday CALL CONFERENCE CALL
Barry has agreed to repeat this offer !!!
YOU WON'T WANT TO MISS THIS CALL
BE ON THE WEDNESDAY CALL - 9PM EST / 6PM PACIFIC
GOING ON THE OFFENSIVE
AGAINST THE IRS
Judge Learned Hand – a judge with the U.S. Court of Appeals in the case of Gregory v Helvering 69F2d 809, 810 (wd Cir. 1934) aff’d 293 U.S. 465, 55 S. Ct. 266, 79 L.Ed. 596 (1935)"Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes. Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any public duty to pay more than the law demands."
TOMMY CRYER COMMENTED ON MY EMAIL ABOUT
GOING ON THE OFFENSIVE AGAINST THE IRS
BEFORE HE DIED!!
Tommy wrote [I add the emphasis]: “I know Barry and he's a serious researcher and dedicated patriot. He's onto something here that I've been advocating for a long, long time. We cannot win by letting the enemy choose all the battles. We have to pick our own battlefields and our own cases. And we can't gain ground defending. We have to go on the offense.
“Lawsuits such as 7433's and 7431's, as well, can go a long way toward, just as Barry puts it, "giving them an attitude adjustment".”
In this country the sovereignty devolved in the people and it remains in them! Come on the call and let’s talk about exercising that sovereignty.
In a previous email I discussed the beneficial features of Section 7433:
If, in connection with any collection of Federal tax with respect to a taxpayer, any officer or employee of the Internal Revenue Service recklessly or intentionally, or by reason of negligence, disregards any provision of this title, or any regulation promulgated under this title, such taxpayer may bring a civil action for damages against the United States in a district court of the United States.
But, subsection (d) provides limitations:
(1) A judgment for damages shall not be awarded under subsection (b) unless the court determines that the plaintiff has exhausted the administrative remedies…
As some of you know, I’ve been a proponent of using the exhaustion requirement to our advantage. 26 CFR[masked](e) provides:
An administrative claim…shall be sent in writing to the Area Director, Attn: Compliance Technical Support Manager of the area in which the taxpayer currently resides.
Administrative Claim Letter Success:
Letters sent in compliance with this provision have met with some success.
In all, I am aware of seven instances where levees were released after one of these letters was sent.
I had always said that there was a possibility that somebody would get a check as a result of these letters. A while back that actually happened. Somebody combined my lien and levy research in their letter and got a check back for over $6000 of wrongfully levied funds from the IRS.
Government Does Not Want More Litigation:
I recently got some additional insight as to the distastefulness of litigation to the government when I read the book The Price of Loyalty by Ron Suskind, Simon & Schuster Paperbacks, 2004. The book is about Paul O’Neill’s 1.5 year stint as Secretary of the Treasury. In the book he discusses how big corporations and big government, with all of their attorneys and resources, do not want more litigation. An administrative claim for damages, or notice of intent to sue, gives us an opportunity to take advantage of the government’s distaste for litigation and overwhelmed legal departments.
Success after the Suit has been Filed:
Listen in to this call and discover how:
o Mrs. Shaw received a refund of all the money collected, and the remaining tax liability was abated.
o The government dismissed the criminal action against a 7433 plaintiff.
o The IRS returned a seized Cadillac.
o The plaintiff's tax liability "was resolved in the plaintiff's favor in tax court.
o An injunction restricting state court filings was vacated.
o Improperly levied funds were returned.
o The government conceded that an assessment was erroneous and released its liens.
o In the 5th Circuit case Gandy Nursery v. U.S. where $388,500 in damages were awarded and $317,738.50 in costs and attorney's fees; plus, post-judgment interest on the $16,800.
You may want to review the statute and the regulation which are here: http://www.law.cornell.edu/uscode/text/26/7433
My research packages amount to what I call a “shortcut to competence”. If you follow the statute and the regulation there is somebody on the other end that is going to be reading your letter. Because of this, you want your letter to display a certain degree of competence. It must appear in your letter that you’ve done your homework. A competent letter is the shortest route to success; and may save you from having to file suit.
[Bear] For those who listen in on the call I am going to bundle and discount on my research. That’s how I like to do it, bundle and discount with some big savings! My bundle will include:
My Lien & Levy Thumper Packages
IRS Terminator for Collection Due Process Hearings
An hour long MP3 on errors made in CDP hearings
Frivolous Return Penalties Research
Bear’s Online Legal Research Video
My due process quotes (Key to getting IRS personnel fired! Or, at least manipulating them using a legitimate threat.)
901 paragraphs on civil rights suits
*Plus, this time I’m throwing in a legal research video on how to use Google Scholar!
All in one bundle and at a substantial savings to be announced on the call.
I hope this email has been some help to you and given you some hope.See you on the call.
 The Supreme Court has held that there are two kinds of taxpayers: 1) the taxpayer from whom the tax is sought to be collected; 2) the taxpayer that is subject to the Internal Revenue Code. The court held that a non-taxpayer could not be deprived of remedies under the Code by virtue of that status.
~*~YRIITL has been serving the American community for over 7 years to secure the very best in Information Providers to assist you and teach you to deal with court related matters. Our Students are simply the best informed, bar none.
For more information .......
Contact: Martin Michaelsson: [address removed].
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