David, face it. You are playing here with people who have a GREAT deal more knowledge and experience that you do. Some of us spent our entire careers working for the IRS in one capacity or another. Some of us were intimately involved with writing the laws and regulations which are under discussion. Some of us have spent their entire careers litigating against the IRS.david wrote:AndyK, of course he, plaintiff, Economy lost. He tried to claim status of "taxpayer" when in fact he was not.
Then why did you bring it up? Just something that was referenced on some tax denire web siste?
With regard to 7436 (a) (1) in part,,, '(other than the person against whom is assessed the tax out of which such levy arose)', to escape suit, the bank would have to prove the levy was lawful, that in fact, I was subject to some tax statute, and to that , somebody has to show the law as fact and be examined.
Wrong, wronger, wrongest. The bank is immune from suit for complying with an IRS levy. 26USC contains specific language for that. You -- the person against whom the levy was imposed -- have absolutely no recourse against the bank. The only ways to recover the funds are (a) following IRS administrative procedures, (b) petitioning Tax Court aznd winning your case or (c) paying the tax and then filing a suit for refund.
If you look at every single tax statute that has been upheld, I found each law was directed with regard to a specific privilege (doing business in a 'corporate' capacity), doing business under a specific license ( insurance co.'s) committing a specific act with or without license (distilling spirits), what do you see?
If you are referring to specific taxes OTHER than the income tax, yes some of them relate to a privilege or license. However, EVERY challenge to the income tax related to privilege has crashed and burned.
I see 26 USC 1 (c) mentions no specific business, trade, profession, anything. If the words aren't there, they won't be considered. Yes, as far as I can tell, 1 (c) is within the limits of the Const., it just doesn't do anything, what business, trade, profession, privilege, even death (Knowlton v Moore).
Again, 26USC does not need to mention "specific business, trade, profession, anything" with respect to INCOME. Is there some part of 'all income from whatever source' that you can't comprehend?
David
ps, Andy, take a breath, your spelling used to be better. dk
You, on the other hand, didn't even spend last night in a Holiday Inn. You are researching from thoroughly debunked tax protester web sites and cutting-and-pasting without comprehending what is in front of you.
Finally, the above 'playing' relates to your activities here. Once the IRS decides you are actually significant enough to go after, it stops being a game. Based on everything you have posted here, you won't last a second against an IRS Agent or Officer. You'd be extremely lucky to escape without some significant financial penalties for frivolous arguments or filings.
But, if you wish to continue this game, go right ahead. The only reason people here are responding to your inane posts is that others visit here and we can't leave such insanity unrebutted.