> I've just gone through 2 years of letters with the IRS and have a court date in two weeks for a failure to file and notice of deficiency. I just got a letter from the gov't lawyers yesterday that provides lots of cases where people lost with the same argument I'm making and they are going after me for the penalty as well. I don't have a lawyer and don't have any experience in court and am feeling like I am going to lose this case. Should I try and settle out of court? Anyone been through this sort of thing and can offer their experience?
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My brother Doug Riddle won in tax court. He might be able to help you. He's on CIC and his email is .
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Here is one idea-
I want to first acknowledge and accept your oath of office, to protect, defend and obey the constitution.
I have awaited your assistance by providing me with the documents as required by the courts. I took it upon myself to study and it seems no matter what I do, I get indications that I have done something wrong and you penalize me for it. As I have became aware of a few facts and I wonder if you or someone can answer them. I want to provide you with all of the information that the laws demand. In order to do so I must first comprehend, that is, to know what are facts, and what isn’t. I do not understand the tax laws, rules or regulations. I do not understand your request. I do not wish to do anything wrong, nor do I want to be mislead. Please answer the following:
1. Do I have Unalienable Rights?
2. Do I have a right to contract with whom I choose?
3. Do I have a Right to earn a living?
4. Can a right be taxed?
5. Is it true that Federal Reserve Notes are debt obligations to the US government? (Title 18 § 8)
6. Is it true that debt obligations of the United States are non taxable and exempt from taxation? (Title 31 § 3124)
7. Is it true that you cannot tax an estate? (Title 31 § 3124)
8. Is it true that Federal Reserve Notes are securities? (Title 12 § 411)
9. Is it true that the courts have ruled that Federal Reserve notes are worthless piece of paper, void? (14th Amendment § 4)
10. Is it True that Giving Federal Reserve notes does not constitute payment? (Echart v. Commissioners C.C.C 42 Fd2d 158)
11. Is it True that Notes are not good and lawful money of the United States? (Rains v State, 226 S.W. 189. )
12. Is it True that a ‘Note’ is only a promise to pay? (Fidelity Savings v Grimes, 131 P2d 894)
13. Is it true that there is no gold or silver backing these federal reserve notes? (News, Federal Reserve Board, Congress, President, Courts, IRS)
14. Is it true that Federal Reserve notes are worthless securities? (Title 26 § 165 (g)(2)(C))
15. Is it true that according to the constitution that payment must be in gold or silver? (Article 1 §10, Article 1 § 8 ¶, Law of Nations Book 1 Chapter X § 105-107)
16. Is it true there is no amendment that abrogates the requirement to be in gold or silver?
17. Is it true that the government is to settle claims? (Title 31 § 3702)
18. Is it a fact that Agencies must respond to the arguments made to them? (Lwin V. I.N.S., 144 F3d 505)
19. It is true that all agents of the government have sworn an oath to protect, defend, and obey the constitution?
20. Is it true that willful disobedience of the oath of office is an act of treason?
21. Is it true that you must obey court decisions?
22. Is this true: “There is a clear distinction between ‘profit’ and ‘wages’, or a compensation for labor. Compensation for labor (wages) cannot be regarded as profit within the meaning of the law. The word ‘profit’, as ordinarily used, means the gain made upon any business or investment -- a different thing altogether from the mere compensation for labor.” Oliver v. Halstead, 86 S.E. Rep 2nd 85e9 (1955).
23. Is this true: ”The claim that salaries, wages, and compensation for personal services are to be taxed as an entirety and therefore must be returned by the individual who has performed the services which produce the gain is without support... it is not salaries, wages, or compensation for personal services that are to be included in gains, profits, and income derived from salaries, wages, or compensation for personal services.” Lucas v. Earl, 281 U.S. 111 (1930).
24. Is this true> “... whatever may constitute income, therefore, must have the essential feature of gain to the recipient. This was true when the 16th Amendment became effective, it was true at the time of Eisner v. Macomber Supra, it was true under Section 22(a) of the Internal Revenue Code of 1938, and it is likewise true under Section 61(a) of the I.R.S. Code of 1954. If there is not gain, there is not income ... Congress has taxed income not compensation.” Conner v. U.S., 303 F Supp. 1187 (1969):
25. Is this true? “The phraseology of form 1040 is somewhat obscure .... But it matters little what it does mean; the statute and the statute alone determines what is income to be taxed. It taxes only income "derived" from many different sources; one does not "derive income" by rendering services and charging for them... IRS cannot enlarge the scope of the statute. ”Edwards (vs.) Keith, 231 F110, 113 (1916):
26. Is this true? Lauderdale Cemetary Assoc. v. Mathews, 345 PA 239; 47 A. 2d 277, 280 (1946):” ... reasonable compensation for labor or services rendered is not profit.”
27. Has this been overturned? “The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and charter powers to the state; but the individuals' Right to live and own property are natural rights for the enjoyment of which an excise cannot be imposed.” Corn v. Fort, 95 S.W. 2d 620 (1936)
28. Has this been overturned? Redfield et al. V. Fisher et al.: 135 Or. 180, 292 P. 813: The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and charter powers to the state; but the individuals' *198 rights to live and own property are natural rights for the enjoyment of which an excise cannot be imposed. 26 R. C. L. Taxation § 209, p. 236; Cooley Taxation (4th Ed.) § 1676; In re Opinion of the Justices, 195 Mass. 607, 84 N. E. 499.
29. Have I been considered a corporation? How would I correct this miscoception or what proof do you have that makes this claim?
30. Would this also include the court decision from 2001 not being in my file? 18 USC 2071 - Concealment, removal, or mutilation generally
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term "office" does not include the office held by any person as a retired officer of the Armed Forces of the United States
31. Title 26 § 7214 Offenses By Officers And Employees Of The United States
(a) Unlawful acts of revenue officers or agents
Any officer or employee of the United States acting in connection with any revenue law of the United States—
(1) who is guilty of any extortion or willful oppression under color of law; or
(2) who knowingly demands other or greater sums than are authorized by law, or receives any fee, compensation, or reward, except as by law prescribed, for the performance of any duty; or
(3) who with intent to defeat the application of any provision of this title fails to perform any of the duties of his office or employment; or
(4) who conspires or colludes with any other person to defraud the United States; or
(5) who knowingly makes opportunity for any person to defraud the United States; or
(6) who does or omits to do any act with intent to enable any other person to defraud the United States; or
(7) who makes or signs any fraudulent entry in any book, or makes or signs any fraudulent certificate, return, or statement; or
(8) who, having knowledge or information of the violation of any revenue law by any person, or of fraud committed by any person against the United States under any revenue law, fails to report, in writing, such knowledge or information to the Secretary; or
(9) who demands, or accepts, or attempts to collect, directly or indirectly as payment or gift, or otherwise, any sum of money or other thing of value for the compromise, adjustment, or settlement of any charge or complaint for any violation or alleged violation of law, except as expressly authorized by law so to do;
shall be dismissed from office or discharged from employment and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. The court may in its discretion award out of the fine so imposed an amount, not in excess of one-half thereof, for the use of the informer, if any, who shall be ascertained by the judgment of the court. The court also shall render judgment against the said officer or employee for the amount of damages sustained in favor of the party injured, to be collected by execution.
(c) Cross reference
For penalty on collecting or disbursing officers trading in public funds or debts of property, see 18 U.S.C. 1901
32. Is it true that any action without answering these questions is an act depriving me of my rights? Title 18 § 242, or if more then one of you, Title 18 § 242, Title 42 § 1983,
33. Is it true if you have no lawful authority to contact me or demand "pay" anything without justification that it may be extortion, Title 18 § 872, 878
Upon having these questions answered under penalty of perjury of the United States, I will seek a proper response to your requests. It is my goal to obey all applicable laws, rules, and regulations as My God, King and Savior command me to do. I am an ambassador for the kingdom of heaven with full power of attorney to do all acts in the name of my King.
If you claim that this is friviolous, I would have to say that these laws, rules, regulations are the very foundation of our free society and as a public servant, do you not have a duty to respond so that I, would do what is right, fair and within the parameters of the intent. Would you have me believe we have disregarded the constitution completely or that the IRS is a terrorists agency? I cannot accept that. However, if you insist that these questions are frivolous then I must also remind you, that the burden of proof is upon this agency, specifically the Secretary, to prove that any court decision has decided that court decision, congress, the laws of this great nation is invalid because you say so without any proof.
Furthermore; I would need :1. The name(s) of the person(s) imposing the penalty. 2. A copy(s) of the job description(s) of that person(s), to verify that he/she has the authority to impose the penalty.3. A copy of the legislative regulation that implements IRCode 6702 into law, (Not interpretive or proceedural regulations
I am not a protestor, tax protestor, insurrectionist, rebellious, terrorists, I am just a living flesh and blood man with a few questions that need to be responded to. In fact, I am not arguing with you at all. In order to properly respond; I just need a few facts answered, as this is what you would want, a proper response. If it turns out that I need to file a form or pay for some liability that exists, or doesn't exist, I will be happy to accept it for value and settle and close the accounting for that year. With or without your statement under penalty of perjury, I will require a voucher or coupons for the amount you claim I owe, if any. It should also be known that if no statement is made under penalty of perjury, I must assume that no liability or requirement is warranted, this might be a cause of action “unjust enrichment” and therefore any information you require, is my time, and my time is therefore chargeable. I charge 400 per hour. Please let me know exactly what you want and I will set up a fee schedule and/or a payment plan for you to pay me. My rates are based in Gold or silver currency and knowing that no gold or silver based currencies exists, I will be happy to settle for Federal Reserve Notes at the current exchange rate, this is not dollar for dollar. I will also accept currencies of other foreign governments at the exchange rate of their currency compared to Federal Reserve Notes and then exchanged at the gold and silver rate.
Please contact the administrator directly
Office of the Administrator
Looking forward to your timely response.
Sincerely,