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THE IRS: TITLE 15 IS THEIR ACHILLES HEEL

Discussion in 'Beginner's Forum' started by TRYNEIN, Dec 1, 2014.



  1. TRYNEIN

    TRYNEIN Gold Member Gold Chaser

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    THE IRS: TITLE 15 IS THEIR ACHILLES HEEL

    Proof of Validation of Debt

    I know someone who wishes to remain anonymous but wants his story out. I can attest to the hassles he went through with the IRS and know that it has been a long time since he has had to deal with them. Over a few years he has accumulated an enormous amount of documentation and had repeated communications with the IRS. They eventually dragged him into UNITED STATES DISTRICT COURT and during the trial he changed his direction and used Title 15 instead of Title 26 and the Constitution. The case eventually stopped.

    His new contention was simple and in some ways similar to my charge concept, it is all about the bill not the law. Title 15 relates to “verified assessment”, in other words the collector must provide proof to validate the debt and any case involving debt must be held in the judicial district court. The concept is that the evil ones have circumvented the Constitution and use their law, Title 26, as a way to confuse their victims. Tax law does not apply since the IRS is strictly a debt collection agency, thusly they are required to follow Title 15. The IRS has no way to verify the debt even if they can verify taxes. W-2′s and 1099′s are only evidence that some one has paid something, not that someone owes something.

    After reading all of Title 15 Chapter 41 Sub V section 1692 I can see his point is valid. Knowing that IRS is by corporate charter and their own admission a debt collection agency this all seems to make sense. I have started using this information in my own situation and will keep the group informed on the situation. This man told me he sent one letter, received a very uninformative denial response and sent a response to that response. This was done during his trial. He has not heard anything since, which was over a year ago. His case was terminated with no decision. I looked it up and the court just says CLOSED AND SEALED.  I have not seen a case terminated this way.

    Once again it seems the evil one’s primary strategy is to get us to fight the wrong battle. Although Title 26 is the Internal Revenue Code, the IRS is just a collection agency and thereby is required to follow Title 15. If we don’t force them to verify the debt then we are agreeing the “bill” is valid. This, to me, is no different than the court tricking us into fighting an accusation when we should be fighting a charge-

    Never enter into controversy by arguing the issues presented by the IRS . . . no controversy created or offered on your part, no cause to move forward. As long as you are seeking discovery, as the above provides specifically, there is no controversy . . . and if they can’t honorably answer your inquiry, the matter is closed.


    CHAPTER 41 SUBCHAPTER V § 1692

    § 1692. Congressional findings and declaration of purpose
    (a) Abusive practices
    There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
    (b) Inadequacy of laws
    Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
    (c) Available non-abusive collection methods
    Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
    (d) Interstate commerce
    Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
    (e) Purposes
    It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action toprotect consumers against debt collection abuses.

    § 1692a. Definitions As used in this subchapter—
    (1) The term “Commission” means the Federal Trade Commission.
    (2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.
    (3) The term “consumer” means any natural person obligated or allegedly obligated to pay any debt. (Remember, these administrative territorial district courts/tribunals due to their exclusive mercantile nature, can’t address the natural person as said courts have no authority to directly interact with a substantive and thereby biological party as they don’t hold title to that property. Paper to paper, flesh to flesh and never the twains shall meet.)
    (4) The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
    (5) The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
    (6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include—
    (A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
    (B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;
    (C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;
    (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;
    (E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and
    (F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity
    (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;
    (ii) concerns a debt which was originated by such person;
    (iii) concerns a debt which was not in default at the time it was obtained by such person; or
    (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
    (7) The term “location information” means a consumer’s place of abode and his telephone number at such place, or his place of employment.
    (8) The term “State“means(please note it says means here instead of includes) any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.


    § 1692b. Acquisition of location information
    Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—
    (1)identify himself(using a pseudonym is not identifying oneself), state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
    (2) not state that such consumer owes any debt (IRS forms violate this);
    (3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
    (4) not communicate by post card;
    (5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt (IRS forms violate this”); and
    (6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.

    § 1692c. Communication in connection with debt collection
    (a) Communication with the consumer generally
    Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt—
    (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location;
    (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
    (3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.
    (b) Communication with third parties
    Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
    (c) Ceasing communication
    If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—
    (1) to advise the consumer that the debt collector’s further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
    If such notice from the consumer is made by mail, notification shall be complete upon receipt.
    (d) “Consumer” defined
    For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

    § 1692d. Harassment or abuse
    A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

    (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
    (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
    (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3)[1] of this title.
    (4) The advertisement for sale of any debt to coerce payment of the debt.
    (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
    (6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

    § 1692e. False or misleading representations (the IRS violates every provision in this section)
    A debt collector may not use any false, deceptive, or misleading representation (IRS forms violate this in several ways)or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


    (1)The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimilethereof.(way too many violations by IRS agents to list for this one)
    (A) the character, amount, or legal status of any debt; or
    (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
    (3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
    (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
    (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
    (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to—
    (A) lose any claim or defense to payment of the debt; or
    (B) become subject to any practice prohibited by this subchapter.
    (7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
    (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
    (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
    (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
    (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
    (12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
    (13) The false representation or implication that documents are legal process.
    (14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.
    (15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
    (16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a(f)of this title.

    § 1692f. Unfair practices
    A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
    (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
    (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
    (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
    (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
    (5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
    (6) Taking or threatening to take any non-judicial action to effect dispossession or disablement of property if—
    (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;
    (B) there is no present intention to take possession of the property; or
    (C) the property is exempt by law from such dispossession or disablement.
    (7) Communicating with a consumer regarding a debt by post card.
    (8) Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.


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  2. TRYNEIN

    TRYNEIN Gold Member Gold Chaser

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    § 1692g. Validation of debts
    (a) Notice of debt; contents
    Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
    (1) the amount of the debt;
    (2) the name of the creditor to whom the debt is owed;
    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
    (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
    (b) Disputed debts
    If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

    (c) Admission of liability
    The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

    § 1692h. Multiple debts
    If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer’s directions.

    § 1692i. Legal actions by debt collectors
    (a) Venue
    Any debt collector who brings any legal action on a debt against any consumer shall—
    (1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
    (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity—
    (A) in which such consumer signed the contract sued upon
    ; or
    (B) in which such consumer resides at the commencement of the action.
    (b) Authorization of actions
    Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.



    § 1692j. Furnishing certain deceptive forms (a) Venue
    (a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
    (b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section1692k of this title for failure to comply with a provision of this subchapter


    § 1692k. Civil liability
    (a) Amount of damages

    Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of—

    (1) any actual damage sustained by such person as a result of such failure;
    (2)
    (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
    (B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and
    (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.
    (b) Factors considered by court
    In determining the amount of liability in any action under subsection (a) of this section, the court shall consider, among other relevant factors—
    (1) in any individual action under subsection (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or
    (2) in any class action under subsection (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector’s noncompliance was intentional.
    (c) Intent
    A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
    (d) Jurisdiction
    An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
    (e) Advisory opinions of Commission
    No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.


    § 1692l. Administrative enforcement

    (a) Federal Trade Commission

    Compliance with this subchapter shall be enforced by the Commission, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another agency under subsection (b) of this section. For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act [15 U.S.C. 41 et seq.], a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.

    (b) Applicable provisions of law

    Compliance with any requirements imposed under this subchapter shall be enforced under—

    (1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], in the case of—
    (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;
    (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) [1] of the Federal Reserve Act [12 U.S.C. 601 et seq., 611 et seq.], by the Board of Governors of the Federal Reserve System; and
    (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation;
    (2) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation;
    (3) the Federal Credit Union Act [12 U.S.C. 1751 et seq.], by the National Credit Union Administration Board with respect to any Federal credit union;
    (4) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board;
    (5) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part; and
    (6) the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.] (except as provided in section 406 of that Act [7 U.S.C. 226, 227]), by the Secretary of Agriculture with respect to any activities subject to that Act.

    The terms used in paragraph (1) that are not defined in this subchapter or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).

    (c) Agency powers

    For the purpose of the exercise by any agency referred to in subsection (b) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection (d) of this section.
    (d) Rules and regulations
    Neither the Commission nor any other agency referred to in subsection (b) of this section may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this subchapter.

    § 1692m. Reports to Congress by the Commission; views of other Federal agencies
    (a) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Commission shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Commission deems necessary or appropriate. In addition, each report of the Commission shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Commission under section 1692l of this title.
    (b) In the exercise of its functions under this subchapter, the Commission may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title.


    § 1692n. Relation to State laws

    This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.

    § 1692o. Exemption for State regulation
    The Commission shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Commission determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement.



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  3. TRYNEIN

    TRYNEIN Gold Member Gold Chaser

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    Here are a few highlights from page 3



    The Internal Revenue Service is successor of the Bureau of Internal Revenue. Original BIR authority as agent of government of the United States was enforcement of the China Trade Act (1904) in insular possessions of the United States. The China Trade Act was shell legislation that accommodated trade treaties relating to opium, cocaine and citric wines. Although the China Trade Act itself has been repealed, there are still many China Trade Act corporations, and older treaties have generally been displaced by more inclusive treaties that apply to the spectrum of what are classified as controlled dangerous substances. This residual IRS jurisdiction is preserved by 26 CFR § 403, and virtually all IRS seizures are predicated on the underlying presumption that a drug-related commercial crime listed at § 403.38(d)(1) has been committed:(1) Offenses against the revenue laws: burglary; counterfeiting, forgery; kidnapping; larceny; robbery; illegal sale or possession of deadly weapons; prostitution (including soliciting, procuring, pandering, white slaving, keeping house of ill fame, and like offenses); extortion; swindling and confidence games; and attempting to commit, conspiring to commit, or compounding any of the foregoing crimes. Addition to narcotic drugs and use of marijuana will be treated as commercial crimes.

    Even in this colorable admiralty jurisdiction, property valued in excess of $2,500,or property valued at less than $2,500 where there is a claim against it, must be judicially forfeited. Per the Internal Revenue Manual, the dollar limit prescribed by 26 CFR § 403.38(d)(1) are obsolete since promulgation of 26 U.S.C. § 7325, personal property valued at $100,000 or less, and a $500,000 minimum for money laundering seizures. However, provisions for remission or mitigation of forfeitures are still in effect (See Internal Revenue Manual § 31.8.5.4), and if the seizure is on land, simply declaring that it was on land forces judicial forfeiture with trial by jury even if there is a legitimate maritime cause of action. See IRM § 31.8.6.1.2, supra. Providing the rightful owner contests a seizure, the Internal Revenue Service doesn’t have lawful authority to convert as much as a toothpick without judicial due process of law.The at law or common law trail picks up with the sentence relating to government agencies and personnel grafted into 26 U.S.C. § 6331: “Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official.”


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    (Foot Note 12)
    The only way the Internal Revenue Service or any other administrative office or agency may administratively use forced collection instruments without a judgment from a court of competent jurisdiction is when the target of the collection action knowingly and intentionally waives his or her substantive rights and thereby consents to administrative collection. This principle is fundamental to the so-called republican form of government. Legislative, administrative and judicial departments are co-equal branches and one may not perform functions vested in the other. Where the administrative branch has exclusive responsibility for administering laws enacted by Congress, only the judicial may authorize anything beyond voluntary compliance when issues of fact and law are contested or compliance isn’t otherwise voluntary.

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    We all know that it was the intention of the men who founded this Republic to put the life, liberty, and property of every person in it under the protection of a regular and permanent judiciary, separate, apart, distinct, from all other branches of the government, [***107] whose sole and exclusive business it should be to distribute justice among the people according to the wants and needs of each individual. It was to consist of courts, always open to the complaint of the injured, and always ready to hear criminal accusations when founded upon probable cause; surrounded with all the machinery necessary for the investigation of truth, and clothed with sufficient power to carry their decrees into execution.

    For a time during the Civil War, normal judicial process was suspended. Congress authorized the President to suspend the writ of habeas corpus, and through the war it was suspended in many areas. During the time of armed conflict, the executive branch exercised extraordinary powers. When hostilities ceased, special procedure was prescribed to expedite normalization and the writ of habeas corpus was reinstated. In the Milligan decision, the Supreme Court took the opportunity to declare and re-establish the proper role of the judiciary. The meaning of “due process of law” was no mystery for justices who joined in the decision. The requirement for a court with an independent judge to dispense due process of law is so obvious as to be classified as self-evident truth that shouldn’t need further explanation.In Wayman v. Southard, supra, former Chief Justice John Marshall undertook to answer two questions relating to jurisdiction of federal courts: (1) What does the Constitution empower Congress to do so far as implementing Article III jurisdiction by way of legislation for courts of the United States; and (2) What has Congress done? Almost in passing, Marshall stated the obvious: With ratification of the Fifth, Sixth and Seventh Amendments, Congress “had no choice.” Where the judiciary act of 1789 did not definitively establish forms of action, the 1792 judiciary act, enacted subsequent to ratification of the Bill of Rights, specified that all actions at law would proceed in the course of the common law while equity, admiralty and maritime cases would proceed in the course of the civil law.

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    A lawful, procedurally proper assessment has the same character as any other presumption created by statute. It may shift the burden of proof, but the government’s right of action is merely the right to perfect the claim, and subsequently execute a “choate” lien, by securing favorable judgment from a court of competent jurisdiction. Depending on the cause of action, the claim may be perfected as an action at law under the “arising under” clause or an in rem action within admiralty and maritime jurisdiction of courts of the United States.> Administrative agencies simply do not have unilateral authority to encumber, seize or dispose of life, liberty or property without judicial due process of law.Even an IRS admiralty criminal forfeiture cannot be administratively executed if the seizure is on land; the victim is entitled to jury trial if he submits a claim and petitions for remission or mitigation.In light of the Heiner and Buena Vista decisions, and particularly in light of the Milligan decision, the Bull comment, which wasn’t essential to the ruling, must be understood as rhetorical. The claim that arises from § 6321 of the Internal Revenue Code is inchoate until there is a judgment from a court of competent jurisdiction, and any levy, seizure, garnishment or other adverse action predicated on an inchoate lien is a nullity as it is condemned by the Fifth Amendment due process clause.

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    #8 There is no evidence that the Secretary of the Treasury has established internal revenue districts in States of the Union since promulgation of the Internal Revenue Code of 1954. It is more probable, but yet to be proven, that the Treasury Financial Management Service is “delegate” of the Secretary of the Treasury for purposes of 26 U.S.C. § 7701(a)(12)(A), and that the Internal Revenue Service is supposed to function in a support capacity only. Congress did not legislatively create IRS or its predecessor, the Bureau of Internal Revenue, so IRS’ “agency” and “delegate” capacity is limited by operation of law. See the statement of IRS organization at 39 Fed. Reg. 11572, 1974-1 Cum. Bul. 440, 37 Fed. Reg. 20960, and the Internal Revenue Manual 1100 through the 1997 edition.

    #9 Per the current Internal Revenue Manual, IRS has successfully used 26 U.S.C. § 7301 to prosecute cases involving gambling infractions, cases involving fuels, and cases involving 26 U.S.C. § 6050I infractions. However, where all underlying IRS authority presumes admiralty and maritime jurisdiction, convictions in these cases might all be vacated as void judgments, assuming a maritime nexus cannot be affirmatively established in record.



    https://keystoliberty2.wordpress.co...feats-summary-administrative-process-part-3/
     
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  4. michael59

    michael59 heads up-butts down Site Supporter ++ Platinum Bling

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    What was it that gal told me? Oh yeah, "No you owe this amount."

    What was it i told her? Oh yeah it was " Um NO, I didn't enter in to contract with them you did and that's good for you, now are you telling me you will not let me settle this matter between you and me?"
    then she said, "You owe blaw......"
    I said as I splayed the green stuff on the counter, " so are you telling me that I cannot settle this?"

    Obligation of contract solved.....I tendered the amount of the contract, case closed. She told me I still had to pay the collector and I told her she was the one who contracted with them I never did.

    And, this wasn't just about her it was a vet bill, plain and simple just had to be paid. $700 payed but was satisfied.

    What is that saying???? value rendered upon proof of claim? debt collectors never have your signature contracting with them, ever.

    don't know how this ties in with the IRS but seems plausible TRYNINE.....

    I got's to go so will look into it...this TITLE 15 that is
     
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  5. freud198

    freud198 New Member

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    Tag........
     
  6. REO 54

    REO 54 Midas Member Midas Member

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    Subscribed.........

    Lot O info to digest here.......
     

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