Just to let you know, your round of question conserning Notice of Intent to Levy & Notice of Intent. Has caused me to spend several hours in intense research on the subject.
You have just added one more refutation to failing arguments and why they don't work.
The bottom line answers and how I get to them goes into the database I have built over the last two years debating this junk with people just like you who figured they had the stumper question.
The TP legal rationalizations fall to pieces everytime, simply because Congress has had 140+ years to refine the Income Tax code to the state it is in.
If a rationale has been tried and even comes close to being an effective in letting a potential taxpayer of the hook, Congress modifies the statutes to remove any weakeness.
My purposes in all this are to find the real answers on how to end the Income/Payroll tax system in this nation. So far the legal wrangling method show's no promise, only an opportunity for the unwary to end up broke and/or provided an all expense paid fed holiday gratis the IRS & DOJ.
United States v. Sloan, 939 F.2d 499 (7th Cir. 1991)
Argued that there is no law imposing a tax on income, that "freeborn" state citizens are exempt from income tax, and that an individual is not a "person" under the tax code.
KANNE, Circuit Judge.
- Like moths to a flame, some people find themselves irresistibly drawn to the tax protestor movement's illusory claim that there is no legal requirement to pay federal income tax. And, like the moths, these people sometimes get burned. Lorin G. Sloan believed these claims and because he acted upon them now faces four months in a federal prison; there can be little doubt that he has been burned.
- The real tragedy of this case is the unconscionable waste of Mr. Sloan's time, resources, and emotion in continuing to pursue these wholly defective and unsuccessful arguments about the validity of the income tax laws of the United States. Despite our rejection of Mr. Sloan's legal analysis of the tax laws, we are not unmindful of the sincerity of his beliefs. On the other hand, we are less sure of the sincerity of the professional tax protestors who promote their views in literature and meetings to persons like Mr. Sloan, yet are unlikely ever to face the type of penalties incurred by him. It may be that our decision will not alter Mr. Sloan's views regarding the tax laws of this country, for he has stated that if we affirm his conviction without applying the law as he understands it, our decision will be "a sham to which I WILL NOT SUBMIT." It may also be that serving his sentence in prison will not alter Mr. Sloan's view. We hope this pessimistic assessment is incorrect.
- We AFFIRM the conviction of Lorin G. Sloan on all counts.
Read:
Patriot Beware!
by Thomas R. Eddlem
http://www.thenewamerican.com/tna/1997/vo13no04/vo13no04_patriot.htm
If you really want to know where my head is at on the income tax law.
The first time I came across this TP'er stuff was on FR and it had to do with whether the tax was constitutional or not. As a CPA, I was interested because I am interested in how the legal concepts evovled and I also was attracted to the idea that on the off chance that it wasn't I wanted to see for myself.
In school we spend most of our time learning to apply the law not learning its history or rules of contruction etc. I must say that your knowledge base on the origins of the income tax far surpass CPA's and Attorneys.
But anyways the threads that were posted back then were posted by relatively newbies on both sides of the arguments. The TP'ers referred abstracts from several cases where the opinion of the judge seemed to be agreeing with the TP'ers. So I printed out the actual cases from my library and read them during some quiet time. What I found was the judges did actually make those quotes however they were repeating the argument being made by the TP'er. As you know it is quite common that the judge's opinion clearly states the contrary opinion before exlaining why it is wrong. What the TP'ers had done was to omit the parts where the judge, after stating the issue, tore the argument apart.
It was then that I learned that either the TP'ers don't have the reading comprehension skills to understand what they are reading or they are deliberating misleading. The ones with the books and tapes are deliberate but the ones like onetomany may just be an unwitting dupe.