Early on during...
Early on during this COVID ____ (insert word)demic I mentioned that if I should happen to receive one of those government stimulus checks I would be sending it back to them. I neither need nor want their so called “assistance”.
I thought this would be a good time to update you on some government stuff.
I never did...
I never did receive one of those stimulus checks which doesn’t surprise me in the least. I really didn’t want to have to spend the money on a stamp to send it back anyway.
I did receive a letter notice from the Department of the Treasury / Internal Revenue Service though back at the beginning of the month.
Turns out; that I should probably call the stimulus program by the “official” name so I don’t confuse anyone who reads this Dash.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) authorized the IRS to issue Economic Impact Payments of up to $1,200 to most U.S. citizens and residents. So there you have it.
Have you ever noticed that the US government always has to have an acronym for whatever they do? I wonder if there is department inside the government that is dedicated to coming up with acronyms.
Back to that notice I received before I get side tracked and end up running this Dash into the bar ditch.
Notice Number: 1444-A (EN-SP)
The (EN-SP) must be for English and Spanish because one side of the page is in English and the otherside is in Spanish, at least I can figure that much out.
From there on it gets a little confusing; but then again it is from the government so what isn’t confusing that they send out?
The body of the text starts with “Reminder” in bold type.
Now I’m confused; is this document a “notice” or just a reminder?
According to Black’s Law Dictionary a “Notice” is “legal notification or warning in a written format” and an individual can be held liable if the party has knowledge of the notice.
The government wants to give me a payment and wants to hold me liable if I don’t take it? How guzbucked is that?
If it’s just a reminder well no big deal… thanks for letting me know Mr. IRS but I “thinkezzz” there is something more at play since the notice or reminder goes on to mention something about a 2019 federal income tax return.
According to whatever...
According to whatever this piece of paper is, I (we) could have gotten $3,900 from old uncle Sam (US government) but it seems that they didn’t get a 2019 tax return from me & Daisy.
I’m going to refer to this piece of paper as a correspondence so I don’t have to keep typing notice or reminder. But words do have meaning and that is why they try to confuse us by substituting words that have totally different meanings in law but similar meanings in everyday usage; ie; notice & reminder.
So the correspondence...
So the correspondence goes on to say;
“What should I do to claim my EIP?” (of course it is in bold type).
• "If you were not required to file a 2019 federal income tax return…." and it goes on to tell me to go to the IRS website and enter my bank account information so they can kindly make a direct deposit into my bank account.
Let’s stop right here for a minute and look at those first five words; “If you were not required”
Now let me ask you folks in the good old USA, were you “required” to file a 2019 federal income tax return?
Come on, quit stalling around and answer the question. Answer me please; Yes or No.
For those of ...
For those of you who answered “yes” would you kindly tell me who said you had to file a return and in what form they said you were required to file that 2019 federal income tax return?
Also, if you would, (and I hope you asked them) by what authority did they tell you that you had to file that federal income tax return?
I’m waiting. Still waiting.
What? Tell me that again, the news anchor on TV said you had to file.
Oh,…. I see the news man just reminded you…your accountant or bookkeeper said you had to file. What authority with the government does your accountant or bookkeeper hold?
I hate to...
I hate to keep asking all these questions but the fact is not one person in their official government capacity told you that you had to file a return.
I’m sure if you had phoned the IRS and asked them if you had to file a return they told you did; but if you asked them to send you a letter stating you had to file (and asked that it be hand signed in blue ink) you are still waiting on that letter to get to you.
Face it folks...
Face it folks, you (we) file income tax returns every year (normally on April 15th) because our parents did it, their parents did it, and their parents before them did it.
It is custom and habit and so is the custom and habit of the news reminding us of the April 15th deadline to file.
I know from experience because that is exactly how I started filing tax returns when I was a teenager. Never once have I gotten notice from the IRS that said I had to file a return.
Go back and read that last sentence again if you will, because that is extremely important.
It is a very...
It a very well kept secret that the government and the courts don’t want you to know.... but income tax is truly voluntary on the part of the citizens.
I want you...
I want you to read it for yourself as found in the U.S. Code Section 31 Subsection 321. This section has to do with the Secretary of the Treasury and his functions. The full section can be found using this link.
The part that I want you to pay close attention to is this:
(d)
(1)
The Secretary of the Treasury may accept, hold, administer, and use gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Department of the Treasury. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed on order of the Secretary of the Treasury. Property accepted under this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest.
(2)
For purposes of the Federal income, estate, and gift taxes, property accepted under paragraph (1) shall be considered as a gift or bequest to or for the use of the United States.
Section (d) (2) clearly states that federal income tax, estate tax and gift taxes that go to the treasury are ‘gifts or bequests”.
Hells bells folks; we give “gifts” because we want to, not because we are forced to do it.
Of course you...
Of course you won’t find any mention of this in Title 26 of the US Code that has to do with income tax because someone might figure it out and then they would do something..... like tell other folks.... and before you know it.... the whole fraudulent scheme would blow up in the government’s face.
The problem for...
The problem for most folks is fear; and I know how that fear can be an overwhelming force. Especially when we hear the stories of people losing their cars, homes and savings because of not filing or paying income tax.
The US Tax Court...
The US Tax Court isn’t a place you want to find yourself in as a respondent (defendant). The court system is rigged and if you end up there because the IRS has filed suit against you your chances are slim to none that you will come out there feeling good about the outcome.
For the last...
For that last three years I have been studying closely the work of some other Texians who have taken on the IRS in the US Tax Court. When I say “taken on” they have filed the law suit against the Commissioner of the IRS.
The results have been outstanding and I to will be filing suit against the commissioner of the IRS very soon. I would much rather pay the $60 court filing fee and be on the offense against the IRS than wait for them to come at me for not filing in ’18 and ’19.
A little known...
A little known fact is that the IRS is required to send you two statutory notices, one being a letter of determination and the other being a notice of deficiency.
It is the IRS’s job to figure out how much you owe them not yours (even though it’s a gift) and they have to tell you that amount in advance of April 15th.
It never happens, the courts know this and so does the commissioner of the IRS but none of them want you to know it.
Filing suit against...
Filing suit against the commissioner for failure to provide those notices has resulted in the IRS commissioner asking the court to dismiss the case for “lack of jurisdiction”.
The IRS admits that they never sent the “petitioner” (you) the letter of determination or the notice of deficiency and they lack jurisdiction and therefore the US Tax Court has no jurisdiction to hear your case.
Now that might...
Now that might not seem like a “big deal” but it is huge.
That same US Tax Court is the court the IRS would haul you into if they were filing suit against you. The same circumstances would still exist (no letter of determination or notice of deficiency) and you would have to defend yourself and you would lose.
Right now this group I’ve been a part of has had over 1,000 people file suit just like I described and every one of them has gotten a court order dismissing the case for lack of jurisdiction.
As you can imagine the IRS is not communicating this situation to their rank and file people so quite a few of those 1,000 people still have had IRS agents contacting them trying to collect taxes and trying their stiff arm tactics.
The reports those...
The reports those people are giving is that they tell the agent to wait right here on the porch and I’ll be right back. Then they go retrieve a photo copy of the court order and hand it the agent. Some of the agents aren’t even smart enough to figure out what exactly the order of dismissal means. So they have to explain it the IRS agent.
“What it means is you are in violation of a court order by being here harassing me over something your boss (IRS Commissioner) admitted to the court the IRS has no jurisdiction over, and that’s me”, as one man explained. “Now get your ass off of my property before I have you hauled into court for contempt of court.” he said he finished with.
Others expressed that they had the same thing happen but only one time; once the agents see that court order their visits and calls stop.
Other folks that...
Other folks that have only been contacted through the mail said they take a certified copy of the court order and send it back to address the correspondence they got came from along with the correspondence they received.
They also put a little note in there cautioning the IRS that if they continue to harass them they’ll see them in court and let the IRS explain to judge why they are violating their rights( and court order) when the IRS has admitted they (IRS) have no jurisdiction.
Now can see how big this is?
Huge big, guzbucking big.
I regret that I haven’t filed my case yet with the court. As of the conference call on Oct.13th one member, who just received his order of dismissal last week from the US Tax Court, said it took him almost a full year to get it back from the date he filed the case.
Like I said, I’ve been studying and following this group now for nearly three years and we have calls every other Tuesday night and more and more people report 100% success not only in getting the order of dismissal but in having liens and levy’s released that the IRS had filed against them.
The group has...
The group has even taken it one step further and now has taken the IRS into court to collect damages done to some of the members and some have gotten “out of court” settlements.
Things are starting to unravel for the IRS and their hold on us formerly ignorant people.
Go back up...
Go back up and read that subsection (d) (2) again and ask yourself if you really want to give the government a gift? If you do, go right ahead and then read (d) (1) again….did you read that last sentence?
Property accepted under this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest.
The way I read that you could actually send a note to the government with your tax return on how you want your “gift” to be used.
I would love for someone to send a note in with their tax return and their payment and direct the Secretary of the Treasury to direct deposit the exact amount they paid in tax to the government right back into their checking account on which the check was drawn as a “refund”.
If you decide to do that you might want to include section 321 of the US code with your tax return and see what happens.
There was more...
There was more in that notice on how if I was required to file a return… but I think I have already shown that really none of us are required to file; we only think we are required to file.
Ya’ll have a great week,
Sult
######: Note: This Dash is solely for entertainment purposes , nothing written here should be interpreted or taken as legal advise.
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