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Vol. 5, #6 June 2007 Nelson Waller, Editor Patriot Network Secretary, Assistant Editor
Dr. Robert Clarkson, Publisher
—————————————————————————————————————————————
This is your copy of the June 2007 issue
of the e-Patriot Cannon newsletter. The distribution of The ePC is a
Patriot Network member benefit. For this reason we have changed the
online location of the current edition. To view past issues and much other
exciting, useful information, go to said website and click on
Newsletter
Archives .
IN THIS EXCITING ISSUE:
************************
- Sherri Sues Toady Bank
- Pssst: Economic disaster is coming
- Common Mailbox Rule
- On Target with John Whitehead
- IRS tragicomic move to new computer system
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1.
Sherri Sues Toady Bank
By Dr. Robert Clarkson
Brave FL patriot stands up for her rights and fights back!
After winning in the federal 11th Circuit Court of Appeals three times (See “Sherri” under cases we’ve won on the Members Only page of our website), Sherri has sued the bank that has surrendered her privacy and violated her rights under federal law.
IRC §7609 provides that the IRS cannot steal your financial records from third-party financial record keepers (i.e. banks, mortgage companies, etc.) without affording the tax victim due process of law. The Due Process of Law clause in our blessed Constitution says that you are entitled to have all adverse administrative decisions against you scrutinized by the independent judiciary.
The
tax collectors tried to purloin Sherri's records at AmSouth Bank and
she filed suit in federal court. This brave patriot used the 7609
packet from Dr. Clarkson’s website (www.patriotnetwork.info
— click on sue
the banks under members only).
Then,
in violation of the clear mandate of Congress, this toady bank
yielded her records without waiting for the mandatory court order.
The bank also turned over the financial records of her freedom
fighter husband without any notice or opportunity to challenge the
procedure.
Since
the Federal Reserve System bank surrendered her privacy in violation
of the law, Patriot Sherri sued for millions of dollars of actual
damage. To see a copy of the lawsuit, click
here.
Both
Sherri and her freedom fighter husband are distinguished graduates of
the Clarkson Law Course, members of the Patriot Bar Association and
were previously appointed Patriots of the Month. See Clarkson’s
Patriot
Law School page for more information on the Law
Course.
See our home page for more of Dr. Clarkson’s recent victories.
Tax Audit Procedure I & II (APIII)
- How to handle the IRS
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II.
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procedures. Advanced. Dr. Clarkson has 30 years experience and these
DVD’s and tapes explain exactly how to beat the IRS.
DVD $30 + $10 Shipping
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2. Pssst: Economic disaster is coming
e-PC
Editor comments: Here's a warning on the coming crash. Dr.
Clarkson is greatly concerned about economics and the impending
collapse. Much information on economics has been given at PN meetings
ever since I was privileged to move to Anderson and begin helping the
organization in its own headquarters.
This important commentary appeared in only a few newspapers—a
vivid demonstration of the System's apathy toward the real-world
catastrophes looming over them as well as us!
I say "real world", but of course, the unstated yet huger
reality in this picture is that the "debt" is entirely
fictional. All the warnings we hear about the coming crash are
entirely valid—the fedgov's budget is strictly out of Alice
in Wonderland and designed to bring catastrophe on all
concerned. But the “money” in question is nothing but
thin air, created in the ledger books of the so-called Federal
Reserve System.
Thus the whole "issue" is constructed out of thin air
(OTA)—yes, a SCAM of impossibly gigantic proportions built over
FOUR generations of time by scheming politicians and willingly
accommodated with a straight face by the good old American sheeple.
Do you think Americans will ever wake up from their trance and "just
say no" to government racketeering?
We're not too sure they will, but we know absolutely that they can the minute they want to—and we're spending every day working on
it. Your Patriot Network membership is a contribution to this
truth revolution!
How interesting that David Walker, U.S. Controller General, gave his
talk to the Union League Club of Chicago. The Union League was a
terrorist organization set up to force yankee supremacy over the
South during the laughably misnamed "Reconstruction" era.
And in several yankee capitols today, the Union League's remnants
occupy fabulously ritzy club headquarters, no doubt presided over by
intellectual white-haired ladies with diverse canapé recipes
(see for instance Union
League Club of Chicago).
GAO Chief Warns Economic Disaster Looms
By MATT CRENSON,
Associated Press
AUSTIN,
Texas—David M. Walker sure talks like he's running for
office.
"This is about the future of
our country, our kids and grandkids," the comptroller general of
the United States warns a packed hall at Austin's historic Driskill
Hotel. "We the people have to rise up to make sure things get
changed."
But
Walker doesn't want, or need, your vote this November. He already has
a job as head of the Government Accountability Office, an
investigative arm of Congress that audits and evaluates the
performance of the federal government.
Basically,
that makes Walker the nation's accountant-in-chief. And the
accountant-in-chief's professional opinion is that the American
public needs to tell Washington it's time to steer the nation off the
path to financial ruin.
From
the hustings and the airwaves this campaign season, America's
political class can be heard debating Capitol Hill sex scandals, the
wisdom of the war in Iraq and which party is tougher on terror.
Democrats and Republicans talk of cutting taxes to make life easier
for the American people.
What
they don't talk about is a dirty little secret everyone in Washington
knows, or at least should. Most economists and budget analysts agree:
The ship of state is on a disastrous course, and will founder on the
reefs of economic disaster if nothing is done to correct
it.
POLITICALLY SUICIDAL
There's
a good reason politicians don't like to talk about the nation's
long-term fiscal prospects. The subject is short on political
theatrics and long on complicated economics, scary graphs and very
big numbers. It reveals serious problems and offers no easy
solutions. Anybody who wanted to deal with it seriously would have to
talk about raising taxes and cutting benefits, nasty nostrums that
might doom any candidate who prescribed them.
"There's
no sexiness to it," laments Leita Hart-Fanta, an accountant who
has just heard Walker's pitch. She suggests recruiting a trusted
celebrity—maybe Oprah—to sell fiscal responsibility to
the American people.
Walker
doesn't want to make balancing the federal government's books sexy—he
just wants to make it politically palatable. He has committed to
touring the nation through the 2008 elections, talking to anybody who
will listen about the fiscal black hole Washington has dug itself,
the "demographic tsunami" that will come when the baby-boom
generation begins retiring and the recklessness of borrowing money
from foreign lenders to pay for the operation of the U.S.
government.
Walker
can talk in public about the nation's impending fiscal crisis because
he has one of the most secure jobs in Washington. As comptroller
general of the United States—basically, the government's chief
accountant—he is serving a 15-year term that runs through
2013.
This year,
Walker has spoken to the Union League Club of Chicago and the Rotary
Club of Atlanta, the Sons of the American Revolution and the World
Future Society. But the backbone of his campaign has been the Fiscal
Wake-up Tour, a traveling road show of economists and budget analysts
who share Walker's concern for the nation's budgetary future.
"You
can't solve a problem until the majority of the people believe you
have a problem that needs to be solved," Walker says.
MOST
SEEM UNAWARE
Polls
suggest that Americans have only a vague sense of their government's
long-term fiscal prospects. When pollsters ask Americans to name the
most important problem facing America today—as a CBS News/New
York Times poll of 1,131 Americans did in September—issues such
as the war in Iraq, terrorism, jobs and the economy are most
frequently mentioned. The deficit doesn't even crack the top 10.
Yet
on the rare occasions that pollsters ask directly about the deficit,
at least some people appear to recognize it as a problem. In a survey
of 807 Americans last year by the Pew Center for the People and the
Press, 42 percent of respondents said reducing the deficit should be
a top priority; another 38 percent said it was important but a lower
priority.
So most
of the public appears to agree with Walker that the deficit is a
serious problem, but only when they're made to think about it.
Walker's challenge is to get people not just to think about it, but
to pressure politicians to make the hard choices that are needed to
keep the situation from spiraling out of control.
To
show that the looming fiscal crisis is not a partisan issue, he
brings along economists and budget analysts from across the political
spectrum. In Austin, he's accompanied by Diane Lim Rogers, a liberal
economist from the Brookings Institution, and Alison Acosta Fraser,
director of the Roe Institute for Economic Policy Studies at the
Heritage Foundation, a conservative think tank.
"We
all agree on what the choices are and what the numbers are,"
Fraser says.
Their
basic message is this: If the United States government conducts
business as usual over the next few decades, a deficit that is
already $8.5 trillion could reach $46 trillion or more, adjusted for
inflation. That's almost as much as the total net worth of every
person in America—Bill Gates, Warren Buffett and those Google
guys included.
A
hole that big could paralyze the U.S. economy; according to some
projections, just the interest payments on a debt that big would be
as much as all the taxes the government collects today.
And
every year that nothing is done about it, Walker says, the problem
grows by $2 trillion to $3 trillion.
People
who remember Ross Perot's rants in the 1992 presidential election may
think of the federal debt as a problem of the past. But it never
really went away after Perot made it an issue, it only took a
breather. The federal government actually produced a surplus for a
few years during the 1990s, thanks to a booming economy and fiscal
restraint imposed by laws that were passed early in the decade. And
though the federal debt has grown in dollar terms since 2001, it
hasn't grown dramatically relative to the size of the economy.
This
story has been edited due to space limitations. For the entire story
click
here.
U
nited
States of America, Plaintiff
v.
Vernice Kuglin, Defendant
This case is definitely a Major Milestone for Patriots! But it is no cure all!
All Patriots need to be aware of this case and the victory it does for the movement.
As
an added bonus, this CD contains the Lloyd Long case.
CD Text $20 + $10 Shipping
Order now from: The Patriot Bookstore 515 Concord Ave, Anderson, SC 29622
3
.
The Common Law Mailbox Rule
IF YOU SEND IT, THEY GOT IT.
1. The common law mailbox rule provides that when you mail a letter to someone at their correct address and affix proper postage, the law says that they received it. The burden of proof is upon the recipient to prove they did not, which is almost impossible.
In other words, when you sent it, they got it. Therefore, you do not need to send it by registered or certified mail. On the Patriot Network website under Earnest Letter Writing, you will see Dr. Clarkson’s famous Certificate of Mailing, here. This is optional, but it does have its uses.
2. Clarkson’s Certificate of Mailing is a private, non-official certificate that you or your friend can sign to prove as a matter of fact that the letter and the contents were mailed to the listed person on the noted date. The Post Office registered/certified proof of mailing only states that an envelope was sent on the noted date. Dr. Clarkson’s certificate, however, proves that the contents were verified and sent.
The sender must send properly [i.e. correct address and correct amount of postage] and be able to swear on that in court if a dispute arises. Likewise, to effect service of process, the process server must OFFER the pleading—whether the recipient receives it or not is totally immaterial. The OFFER constitutes delivery, not the actual receipt of said pleading.
3. When dealing with courts and all government agencies, in particular the IRS, proof of delivery is frequently disputed. Also, the Due Process clause, guaranteed twice in the Bill of Rights, provides that the government must provide notice of any adverse decision against you and then you must request your rights within a narrow and merciless time period, without any leeway or tolerance. You must file timely to enjoy the protections that our forefathers fought for.
The notice also must inform you of your right to appeal or protest to a higher authority, this adverse decision and the procedure to follow.
Therefore, freedom fighters generally send letters to the IRS by expensive registered/certified/green card proof of mailing, which also requires a long wait in a government monopoly post office line. However, Dr. Clarkson’s Certificate of Mailing works just as well.
4. Dealing with the IRS is a problem for everybody, especially since this government monopoly is very inefficient and loses vast amounts of incoming mail. The civil servants in the mailroom simply do not care and frequently discard vital letters, checks, required responses, and other important documents entrusted to their care. Therefore, dispute over mailing is a frequent problem.
Therefore Congress passed IRC §7502. This provides an exception to the common law mailbox rule, particularly to the IRS. Therefore, if you deal with the IRS, you need to have proof that you actually mailed the letter.
You can do this by the expensive Post Office proofs, or by Clarkson’s proof, which is more reliable than the government one, and therefore superior. This is explained in more detail in the famous case, Sorrentino vs. IRS. This can be found here on the website. This case states:
“… the district court applied the common law mailbox rule, which provides proof of mailing of a properly addressed communication bearing proper postage creates a rebuttable presumption the communication was received.”
5. You can also use Clarkson’s favorite tactic, which is multiple submissions.
When writing important letters to any government agency, you must keep in mind the inefficiency, carelessness and ineptitude rule. Losing important documents in the mail is a frequent occurrence. Therefore you stand a better chance for receipt of your vital filings if you send several copies of the same document to several different IRS addresses. Making multiple submissions is easy and economical for you, but causes much bureaucratic frustration by clogging up the machine.
The Post Office is extremely inefficient, expensive, unreliable and slow, but unfortunately, is Constitutional.
This does not work for Tax Court or other court pleadings, but works just fine for administrative agencies. Go through your many letters from the IRS and pick out four or five addresses to send extra copies of your important documents.
6. In conclusion, Dr. Clarkson, with his three decades-plus experience, has developed a legal, safe system for you to satisfy the rules but also do so cheaply and efficiently. The Patriot Network Certificate of Mailing works.
4. On Target with John Whitehead
Last
month's issue included a report on the shifting of untold billions in
cash to fedgov stooges in Iraq. Here's Dr. Clarkson's early
associate, renowned Rutherford Institute founder John Whitehead,
commenting on this scandal!
John Whitehead
Rutherford Institute Founderhttp://www.rutherford.org/OnTarget/OnTarget_05-18-07.asp
5.
IRS does sensational encore performance:
tragicomic
move to new computer system
ePC
Editor comments: It was an exciting day. About 7AM I was still
lying in bed and heard on ABC radio news that "fraudulent
filers" were getting off scot-free with numerous bogus refunds.
Going to the computer later, I found the PN Secretary was already
jumping on the story. This one is big—VERY BIG. For the second
time in recent memory, the IRS has schemed to clamp down on
freedom once and for all by moving its files to a big, bodacious new
computer system, but come out with the opposite effect from what it
desired: a massive failure of the project, with citizens seizing the opportunity the crisis offered on an epic scale!
We
Patriots and Constitutionalists are the ones with a historical
memory. Your boss and my next-door neighbor (for instance) may not remember it, but
we remember that the so-called Service tried a
total switch over to the latest computer technology about ten years
ago. We feared the worst but the best news came through the mass media instead: the
project was a bust with no way (thank God!) to fix it. As a result some IRS offices were closed or scaled down around the country. How good can it get?
This time, almost as if to cosmically signify that there's no hope for the IRS, there's the added factor of the "Service" letting TWO HUNDRED MILLION DOLLARS go out via "refund mills" after it ignored a warning about major computer glitches.
The only thing missing from the story is a light bulb going on over Joe and Mary Sixpack's head as they cry "paying taxes is for SUCKERS" in response to this news. But that day cannot be far off.
How the IRS failed to stop $200M in bogus refunds
At least two months before the IRS mistakenly began paying an estimated $200 million in fraudulent or erroneous 2006 tax refunds; the agency was warned about potentially "catastrophic" problems in a new computer being developed to avert such a blunder.
A USA TODAY examination of the IRS Electronic Fraud Detection System project found the previously unpublicized November 2005 warning, along with other warnings and new details of missteps that culminated in one of the most costly and embarrassing episodes in the tax agency's recent history.
As the peak of the 2006 tax season approached last spring, the IRS discovered that a planned upgrade of the agency computer that red-flags potentially fraudulent tax refunds had failed. The discovery came after the IRS had shut down the older computer. The failure forced the agency to continue processing 2006 tax returns—and issuing refunds—without its first line of electronic defense against fraud.
USA TODAY's review found that the IRS lacks a comprehensive plan to recover the $200 million, which the agency said represents far less than 1% of all 2006 tax refunds. That means most fraudulent filers who got federal checks in 2006 will likely never be caught.
Today, as the 2007 tax season looms, the IRS is restarting the older computer, because the nearly $21 million planned successor still isn't operable.
"I would say it is one of the more significant disappointments of my tenure," IRS Commissioner Mark Everson said in a recent interview. The blame, he said, "lies both within the IRS and at the contractor," because both "totally misjudged the complexity and the difficulty of this system."
The IRS managed to identify and stop some fraudulent 2006 tax returns without the computer. But Senate Finance Committee Chairman Charles Grassley, R-Iowa, said the agency's failure to see beyond rosy projections on the computer project and act on the warnings had hurt millions of Americans.
'Going to get off scot-free'
"There's a lot of fraudulent tax returns that are filed … and for at least last year, they're all going to get off scot-free," says Grassley. "And it's not just that they're getting off scot-free—it's that the honest taxpayers become the suckers."
This story has been edited due to space limitations. To read the entire story click here.
ePC Editor comments:
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e-PC Editor Nelson Waller
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the e-Patriot Cannon, is now totally electronic and is only
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Robert B Clarkson is not a lawyer. He is not licensed to practice law
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