THE BIG DAY FOR SWISS CHEESE OR THE TAX CODE

THE WASHINGTON TIMES ^ | 4/17/12 | WESLEY PRUDEN

[bramps]

“We’ve been instructed to show no mercy this year, to disallow everything,” says one IRS compliance officer. “It’s frightening.”

[bramps]

Freghtening does not give the situation justice. The next 7 months are going to be hell, especially if you hear from the IRS. Things were bad enough before Obama, but the escalation of pure terror by the government's version of the "Gestapo" is going to be hair raising. I've just come off of my 55th year preparing tax returns of all kinds. I'm a CPA and have seen the IRS in action over many administrations. This one takes the cake. I presently have a case that has been resolved where the taxpayer had an adjusted gross income of just over 12,000. They were selected for audit. I represent this taxpayer pretty much pro bono, because it is a start up company and they need more assistance now with an eye toward future successes. The first quetion the agent asked was "did you report all the income they received"? The next statement was "please provide all bank statemtns for the year". It got progressively worse, until I threatened to get up and leave and the agent then decided to resolve the issues that were listed on the original audit report. The IRS is also sending out penalty notices for conditions that the Internal Revenue Code specifically excludes from penalties. The hope is the individual receiveng the penalty will be frightened and pay the penalty which includes interest and incorrect information. This is the tip of the iceberg. We are going to feel the wrath of this President with a vengence. It has started and will get worse. It is usually done in such a secretive way the press never picks up on their tactics. This article tells it all. This is a version of Castro without guns. Yet!!!

[JOAT]

I fully expect it.

Last year the IRS sent me several threatening letters, each of which I was able to refute.

They changed tactics several times, but the dollar amount remained the same.

Pure shakedown as each 'offense' was something clearly covered in my return.

I'm quite certain many people will simply roll over and pay, just to be clear of the vermin.

[posterchild]

Sounds like a good year to get nominated for Treasury Secretary.

[Tenacious 1]

I look forward to the day when states like TX make it lawful to defy the Federal government and swear to protect citizens from federal arrest or prosectuion.

The next “civil war” will involve lawyers and voters, not guns and militia.

If Obama is re-elected, I predict that TX, AZ and/or OK will get a referendum on the ballot about their independence from Federal authority in some way shape or form. It may only be a symbollic vote at first. But it will be the beginning of States reasserting their rights over a federal government that has become tyrannical.

I’m thinking about writing a book about what the next civil war will look like. I don’t believe it will resemble anything most picture from our past. But there will come a time when national guards and certain divisions of the military may need to swear allegiances (Ft. Hood?). At some point, the states will allow citizens to stop paying taxes to the fed as they raise taxes for their own state. The fed will stop sending money to those states. The thing is, there are many states that provide more tax revenue for the fed than they receive. Texas is one of them. Short of an armed take-over, if the citizens of TX come together in a majority, the Fed would be powerless to stop succession.

[Sequoyah101]

We are being further intimidated into submission.

I have been told of similar actions.

obastard has declared war on small business and anyone else he has deemed to “have too much”.

Someone criticized anyone who looks to go somewhere else... I think this criticism is foolish. We are living under an insidious repression that is quickly becoming overt and aggressive.

[Tenacious 1]

I wish I would have spell checked that.

[GonzoGOP]

Sending the IRS into full Gestapo mode in an election year probably isn't Obama’s best idea to date. Now do you think the GOP will take advantage of it by painting the image of the government not as a benevolent gift giver but an IRS goon? Nope didn't think so either.

[USMA '71]

This approach may end up with somebody getting hurt.

[grobdriver]

Sending the IRS into full Gestapo mode in an election year probably isn't Obama’s best idea to date.

Depends on if he can paint it as "The Republican's Fault" - which his minions in the MSM will surely help to do.

[tbpiper]

I wish I would have spell checked that.

One of the best spell checkers for me is the "Enter" button. It's usually when I hit it that I realize some spelling is questionable.

[Never on my watch]

The next “civil war” will involve lawyers and voters, not guns and militia.

It will involve guns because the government has no power without them.

[know-the-law]

January 30, 2005 Contact: U.S. Court of Appeals Rules IRS Cannot Apply Force Against a Tax Payer Without A Court Order Taxpayers Free To Ignore An IRS Summons Queensbury, NY – On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order. Quoting from the decision (Schulz v. IRS, case number 04-0196-cv), “...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order…[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so refusing.” <<<<<<<<<<<<<<<>>>>>>>>>>>>>>> http://whiz.to/~papera/Articles/IRS%20Summons.html

[Never on my watch]

One of the best spell checkers for me is the "Enter" button.

Tru Dat!

[Minutemen]

Sweet!

[know-the-law]

January 30, 2005 Contact: U.S. Court of Appeals Rules IRS Cannot Apply Force Against a Tax Payer Without A Court Order Taxpayers Free To Ignore An IRS Summons Queensbury, NY – On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order. Quoting from the decision (Schulz v. IRS, case number 04-0196-cv), “...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order…[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so refusing.” <<<<<<<<<<<<<<>>>>>>>>>>>>>> http://whiz.to/~papera/Articles/IRS%20Summons.html

[know-the-law]

IRS Summons Has No OMB Control Number
Sometimes we overlook the remedies that are the most simple. Eddie Kahn told us about one thing that they completely overlooked involving the Paperwork Reduction Act. That Act says you are not required to disclose anything on any federal form that does not have a valid OMB control number. The Office of Management and Budget is the one who assigns these control numbers and when they do, the number appears in the upper right-hand corner of a form. American Rights Litigators (ARL) always has clients that the IRS sends summonses to where they request books and records. Well, guess what, both the first and third party summonses that the IRS sends out do not have any OMB control numbers on them. One of ARL’s researchers brought this to Eddie’s attention this week after he looked under Title 44 USC § 3512, entitled Public Protection. Here is what it says:

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
Section 3512 - Public protection

(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this chapter if -

(1) the collection of information does not display a valid control number assigned by the Director in accordance with this chapter; or

(2) the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.

(b) The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.

As you can see, the Paperwork Reduction Act shows us that the IRS summons is nothing more than a bootleg request for information. Eddie talked to a fellow recently who said he raised this issue back in 1988 in an order to show cause hearing. The judge told him that he still had to give the IRS the information they wanted even after showing him the above section, so he appealed it. When he did it though, the IRS came in and canceled their opposition to his objection. They knew the appeals court would probably overturn the verdict and they didn’t want to have a precedent set, which is why they did it. This is important to know for the summons is the IRS’ key instrument that they use to gather information on us at the examination level. It has no force and effect at all if we just use the proper argument.

[Jack Hydrazine]

Our military was created to battle foreign enemies. Our bureaucracies were created to battle domestic enemies - us.

[Leaning Right]

Depends on if he can paint it as "The Republican's Fault" - which his minions in the MSM will surely help to do.

Bingo. The MSM will report that the Obama's IRS is simply going after fat-cat tax cheats. This will be spun as a victory for the working class over the heartless rich.

[LeonardFMason]

I have a brother who hasn’t done a tax return in 10 years. He has had a checkered life with drug abuse doing most of the damage. He could care less about the IRS. “Screw them!” is his refrain. He changes residences frequently. Each new residence is a “cash, handshake” agreement. His mail goes to a PO Box. He never answers his cell phone. The message to leave a VM is from one of his daughters. He is pretty much “off the grid”. For all the grief(plenty) he has caused he has one enduring quality, he is conservative and despises Obama. Although I would never trade places with him, I do envy his freestyle life.

[kcvl]

“We’ve been instructed to show no mercy this year, to disallow everything,” says one IRS compliance officer.

******

Since when have they not tried to do exactly that?! They are the most arrogant, clueless bunch on the planet. Try to find someone, anyone in that agency who knows what they are talking about and can back it up, JUST ONE!