Numerous Victories!!

From Dr. Clarkson:

We are winning dozens of small issues in tax court. These procedural victories are too minor to be reported separately. The judges on the tax court are just fed up with the IRS bullying tactics, insults to the courts and ignoring the rules.

We are wining many cases, on procedural grounds when the judges simply turn down the IRS orders or remand the cases to a lower level. These one sentence orders are smashing victories to the tax court experts, but do not seem like much to the tax victims.

We will continue to report on the clear victories which everybody can understand. Court decisions on the minor procedural points are also very important, but not so exciting.

Steadfast Patriot Wins in Tax Court Case

District Counsel Concedes

From RBC: In numerous cases over the last 10 years the Appeals Division and District Counsel's office have been playing hard-ball. They have refused to settle out of court. They refused to accept deductions and expenses without substantiation which in most cases was impossible. They refused the clear mandate from the Court of Appeals in the Cohan case.

Finally, the high paid tax authorities admitted that PN Members are not going to back down, we know our rights; and we demand our rights. Patriot Tony did not back down from phony threats from the Appeals Dept, the District Counsel and even a Tax Court Judge

Tony was scared and frightened, especially after the Judge threatened him. But he listened to Dr. Clarkson and followed directions exactly. These instructions are in Clarkson's audio tape "Audit Procedure" which he made 30 years ago. These same instructions are also on Clarkson's DVD "Due Process of Law" which was made last year. Dr. Clarkson has been saying the same thing for 30 years.

Dedicated Patriot Tony gave us a blow by blow report, starting with the tyranny of the tax collectors. He reports:

Part I Weds June 03

I have another call tomorrow morning with Judge F and Slimy IRS Council. I have been told by the Judge I have to spend four hours traveling to meet with the idiots in their office instead of them actually making any efforts to move to the suburbs.

I am going to see them Friday but have no intentions of giving them any help or cooperation at all. I do not like dealing with their kind as they do not have the same beliefs, let alone any morals.

The one question I have asked them three times and they have not answered (because they do not know the answer) how does the fact that my former employer responded to a 668 letter and illegally withheld money affect my so called liability. I estimate they stole 30k that year as we borrowed and begged to pay the bills, while my son went through his cancer treatment and I tried to get another job to get out of the levy.

In regards to the trial, they will do as they want because after the call last week my gut feeling tells me this Judge F is all about his ego and he could care less about the law and a fair hearing. We should just prepare for the CDPH.

Part II Thursday June 04

I just got off the call with Judge and counsel. Judge said point blank "no receipts, no deductions will be allowed" (i.e. he refused the Cohan doctrine). He also said if it goes to trial, he will not be very forgiving. I have a meeting in the IRS office tomorrow morning with District Counsel.

Counsel is not going to allow my business expenses even though I worked at home many nights and weekends. He is not allowing the medical expenses. He will probably not allow charitable deductions due to most of it being non-receipted cash donations to church, as well as clothing and personal items donated.

I cannot claim my wife and kids as she filed separately and claimed them already.

Judge F told me on the phone I am screwed. I feel I am not getting a fair shake.

Part III Friday June 05

Met with the IRS Counsel today and they accepted most of my reconstructed expenses. The so called "liability" was cut about in half. Now this goes back to collections and we start the administrative process with them. Am I correct?

Lead attorney said that due to me dragging my feet, if we were to go to trial Monday they would have hours of work to do this afternoon and he wanted to know if I was going to go through with the trial. Basically he did not want to do the work on short notice on a Friday afternoon; he may have a golf weekend planned.

RBC says: The IRS is now dancing to our tune. They are not going to push around patriots who do not allow themselves to be bullied. Stand fast, listen to Dr. Clarkson and you will also win your cases.

Since this is a settlement out of court, we have no legal precedents to report.

Another win in Tax Court on CDPH

Face-to-face hearing is mandatory

Dedicated Patriot, Enoch, in WA state, stands firm on his rights and beats the mighty commissioner before the tax court. On Feb 3 the judge in the tax tribunal granted a motion to remand for the IRS office of appeals to conduct a face-to-face hearing.

Enoch did not back down from the lies and threats of the IRS appeal's division and the highly paid attorneys. Congress passed a law providing for an in-person conference on collections. IRC §6330 mandates a real hearing with the appeals division. As usual the highly-paid tax collectors refused. The Judge of the tax tribunal had to set the agents straight.

This is the 15th case that the Patriot Network has won on the same issue. Enoch's pleadings and letters are located on the PN Website under CDPH part II. Enoch was assisted by our newest paralegal and PN founder, Robert Clarkson.

Again, our association is showing that patriots who learn and follow the rules can win even before the tax board of appeals.

     UNITED STATES TAX COURT 
    WASHINGTON, DC 20217 
      
ENOCH PATRIOT,                   ) 
                      Petitioner                      ) Docket No. 11951-08L 
                                 ) 
                  v.             )
                                 )
COMMISSIONER OF INTERNAL REVENUE,) 
Respondent                       )
           

O R D E R

During a conference call among the Court and the parties on January 23, 2009, the parties discussed with the Court the possibility of a motion to remand this case to respondent's Office of Appeals. On January 30, 2009, the Court received and filed respondent's motion to remand. Respondent indicated petitioner has no objection to the granting of the motion. After due consideration of the motion and for cause, it is

ORDERED that respondent's motion to remand, filed January 30, 2009, is granted, and this case is remanded to respondent's Office of Appeals for the purpose of conducting a face-to-face hearing, to give petitioner an opportunity to challenge hi s underlying tax liabilities for 2001, 2002, and 2003 . It is further .

ORDERED that the above-referenced hearing shall take place at a reasonable and mutually agreed upon date and time, but no later than May 4, 2009 . It is further

ORDERED that each party shall, on or before June 4, 2009, file with the Court and serve on the other party a report regarding the then present status of this case. It is further

ORDERED that this case is stricken for trial from the Court's February 9, 2009, Portland, Oregon, trial calendar and continued. It is further

ORDERED that jurisdiction is retained by this Division of the Court.

Dated: Washington, D.C.
February 2, 2009

SERVED Feb 3, 2009

Patriot Dreamers

We all agree that the IRS is evil and wicked, that the income tax and the federal reserve are damaging our company and must be destroyed and the blessed constitution is the supreme law of the land and should be restored to its rightful place in the government system.

We all agree that the IRS says income tax is voluntary, that the monies raised is used to destroy our country and that all patriotic Americans who love our country should not cooperate with any illegal government agency.

How to go about returning the Constitution to power is hotly debated in the patriot community. The Patriot Network, founded in 1978 uses the procedural approach to fight the thieving tax collectors.

Most other patriot groups use other methods to affect positive political change. But, there approach is not acceptable to the evil tax collectors and their lackies in the court system. However the procedural method advocated by RBC for the last three decades is acceptable to the court system and has been proven effective in thousands of cases.

Other patriot groups use a wide menagerie of patriot political positions. We are glad they are fighting evil government and we support them every way we can. However their quest for court victories is allusive and unlikely to happen. The control judiciary only grants us court room victories when we bring up a procedural point of law.

The procedural method has proven itself for decades as effective, predictable and workable. Dr. Clarkson can tell you the results of his advice, telling you what will happen and when it will happen. The other methods, even though truly admirable, are not predictable and no one really knows how the judges will favor them.

Do not expect to win any case in court unless you follow procedure. Learn the rules and obey them—learn their rules and point out to the judge when they violate them. This is explained in more detail in the classic Clarkson video tape Due Process of Law and Common Law available from the Patriot bookstore for $60.

Dr. Clarkson is famous for exploiting loopholes in tax procedure and advocates using “sneaky lawyer tricks” aka civil procedure. Our hero is wildly condemned in the patriot community for fighting dirty against the tax thieves. Clarkson says this is the only avenue available to us for winning anything. RBC Jun09

Jimmy's Report on Tax Court Appearance

Regarding Tax Court in Tampa, FL on November 17:

1. Not ONE court watcher that I invited showed up despite sending out 2 alerts regarding it to a large patriot email list. RBC says: Only club members will show up because they know you. People who do not attend meetings will not show up to support you.
   
   
2. We ran into a gentleman about 2 weeks before court. His initials are J. R. We had initially met him 3 years earlier. He's from Florida and is an avid researcher regarding taxes. He came to court with us and was to be our clerical assistant sitting with us at each hearing.
   
   
3. The docket was called at 10 AM and Judge Wells accommodated us by having our hearings one after the other. My son’s first at 3PM, mine, and wife's right after that.
   
   
4. Before our hearings, the District Counsel (DC) asked who J. R. was. We said our assistant. When the hearing started we had every law and statute (piles of books) opened up on the table. Our intent was to make the DC show us the law or statute she relied on to make her assessments and we would review it in the law and refute it and have that on the record. (RBC does not recommend this method.)
   
   
5. Before the Judge came in for my son’s hearing, the DC walked over to our table and asked again who J. R. was and who he was with. J. R. said he was our clerical assistant and was with advocates for judicial reform. At this point, DC immediately walked over to the judge’s secretary and whispered something in her ear. The secretary got up and went into the judge’s chamber for a minute or so and then returned.
   
   
6. The judge came in and the first thing he did (because we were all sitting at the petitioner’s table) was to ask J. R. who he was. He then told him to take a seat back in the courtroom. Then he told me and my wife that our hearing was later and said for us to go and sit in the courtroom area also. That left my son all by himself at the table with piles of books (IRM manuals, Federal Statutes, court case cites, etc.).
   
   
7. My son got nowhere initially because the judge kept overruling him whenever he objected to DC’s statements and her entering of so-called evidence. My son continually asked the judge to have DC site the code or statute on which assessments were made and the judge said that he knew the law and would decide it. (RBC does not recommend this.)
   
   
8. DC produced a witness (Mr. S. from an insurance company). DC made the point that the witness was in charge of the 1099's and the income stated on them for my son. My son now cross examined the witness (and things got very interesting). He asked the witness many questions such as: Do you sign the checks? Do you personally know of the income that is put on the 1099's? Is this all done on computers? Do you ever have technicians fix glitches in the computer system and how often?....etc.
   
   
9. Then, came the most interesting questions he asked the witness: Do you know that the 1099-Misc Form is a True Tax Class 5 document according to the IRS and that a True Tax Class 5 document is for Estate and Gift tax reporting? Were you aware that you were reporting True Tax Class 2 income on the wrong document?
   
   At this point, the judge just sat there listening intently to this exchange of questions and answers and never stopped it from continuing to the end. The witness’s answer was that he didn’t know he was using the wrong document because this is what the IRS told him to use and he was told to do the same by his predecessor about 10 years back when he took the job. At this point my son’s hearing ended.
   
   
10. When my hearing and my wife’s came up, we both asked for the code or statute that allowed the DC to make her assessments and got nowhere. The judge basically said are you using the same defense as your son and snickered at us. (RBC does not recommend this.)
    
    
11. The judge then said he would make his determinations at 9AM on Thursday. That meant that My son, my wife, and I, would have to drive another 300 miles to be there on Thursday.
    
    
12. On Wednesday, the day before we were supposed to return for the determinations, I decided to call the Tax Court to make sure nothing had changed. To my surprise, I was told that the judge had changed the date and time to Wednesday at 11AM. Well, here it was Wednesday about 9AM and there was no way that we could now get together and drive up to Tampa in time to hear the judge give his pronouncements. He pulled a sneaky little trick with this change of day and time.
    
    
13. Since then I have been checking the Docket sheets for all of us on line and they are not even up-to-date. Also, they do not show anything regarding the judges determinations or if, in fact, he ever even made any in our cases. After almost a month, no decision was listed on the tax court website. We are thinking that the judge may have pigeon-holed our cases. Only time will tell.
    
    
14. J. R. made us aware of this whole thing. If you go to document 6209 (the Internal Revenue Manual) you will find that W-2's, W-4's and 1099-Misc. Forms are all classification 5 documents for reporting Estate and Gift taxes. This was also brought to the attention of Richard Cornforth who thinks that we may have something very important here. J. R. is an avid researcher and devotee of Cornforth and checks with him frequently. (RBC does not recommend this approach.)
    
    
15. At this point, until we get a determination from the judge, we are holding steady to see what he does. Because of the classification 5 document information, it means that all private sector employers have been using the wrong forms (illegally) to report “supposed income” to the IRS for many years. This could be a very big thing for all of us!
    
    
16. My son has ordered and paid for a typed transcript of his hearing. It should be mailed to him shortly. We want to see if anything has been removed from the record. We tried to get a tape-recording of his hearing, but guess what, they will not make them available to anyone. RBC says: the law mandates they give anybody a copy of the proceedings which are a matter of public record.
    
    
17. Based on this information regarding the classification 5 documents that came out at the hearing, My son, myself and several other insurance agents will be sending letters to the CEO’s and heads of the legal department of each corporation who has issued 1099's to us over the past several years. We are asking them to tell us why and on what authority they are doing this because it is obviously illegal (since the IRS has told them that this is the proper form(s) to report “supposed income” on. Depending on their answers to the letters, we could entertain future legal action against them.
    
    
18. Well Robert, that pretty much updates you on our situation and what has happened to date. Dec 24, 2008

GREATEST VICTORY OF THEM ALL!

Anti-injunction act tossed, maybe.

A principle tool of tyranny of the evil tax bureaucracy is the Anti-Injunction Act (AIJA), IRC§7421 which prevents the courts from interfering with IRS collections. The Due Process Clause of the Constitution requires judicial scrutiny of every adverse action against a citizen by a government agency. However, the tax collectors heretofore have been exempt from this most important Constitutional safeguard.

Dr. Tom from centeral FL was a victim of an over-zealous, cruel tax collector who hounded him for yerars. This evil tool of the NWO overreached and laid an illegal levy on his SS check. Congress says that no collections can take place without a Collection Due Process Hearing (CDPH) under IRC §6330.

The careless tax thief levied Dr. Tom's SS check without sending out the manadatory CDPH notice. Therefore, the monies stolen were in violation of federal law.

Dr. tom with the help of the Patriot Advisory Service filed his preliminary letter and administrative claim requesting a full refund of the unlawfully seized funds. The administrative claim clearly spelled out the wrong-dooing of the agent and the amounts that must be refunded.

The top dogs of the tax beuracracy ignored the claims for refund so Dr. Tom excercised his rights. With the help of a famed PN attorney, Dr. Tom sued under the Federal Bounty Hunter Statute for unauthorized collections under IRC §7433. Complete details of the pleadings will be posted on the PN websites under SBH.

Dr. Tom wanted a try at an injunction which is an extreme remedy and not specificly spelled out in the Unauthorized Tax Collection Act (UTCA) under §7433. The tax attorneys for the DOJ raised the black spector of the anit-injunction act. In other similar cases, the DOJ just abandoned the levy rather than take a chance on losing their important tool of tyranny.

In this case the DOJ forced an issue: Does the UTCA trump the AIJA? The Patriot Network argues that the recently passed illegal tax collection act (UTCA) repeals a small part of the ancient protection for illegal activities by the tax rats. The District Court Judge in DCDC of course ruled in favor of the tax lawyers at the so called Justice Department but allowed our famed attorney to file an immediate appeal putting the AIJA in jeapordy.

This was a significant win for us and struck fear in the hearts of many top injustice department lawyers. More details to come later.

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