Thanks for linking the audio, Wes.
After listening, we can confirm that Howard did file returns for all of the periods in the judgment and they were not the result of an SFR process. The testimony confirmed that the additional assessments were due to additional tax discovered by the IRS that was not reported by Howard. So I think it is safe to say that Howard was not claiming false credits based on the slavery reparation nonsense.
The testimony of the RO was a bit vague regarding the nature of payments that were made for the 2011 tax year. He stated that Howard appeared to "...be on an installment agreement of some type..." This is an unsatisfactory answer in my opinion given that there should be enough information available to the RO to determine the nature of the payments. Given that installment agreements are supposed to include all periods that are due and that resulting installments are applied to the earliest period, it is unusual that all of the payments were posted to 2011 and not 2010. Secondly, as I have pointed out before, the transcripts will show if the payments were coded as being for an installment agreement approved by the IRS. It appears that the RO never bothered to even do a cursory research as to what these payments were.
My guess is that Howard may have sent in voluntary payments for a period of time, hoping that it would somehow convince the IRS that money coming in would mean they could leave him alone. The RO had testified that Howard had never established any "...level of cooperation..." with the IRS in resolving the debt, which I take it to mean that Howard avoided contact with IRS employees and did not respond back to their attempts to contact him. So it is very unlikely that these payments were the result of an agreement reached with the IRS.
I would have thought that the judge would pursued the line of questioning he initiated in regards to what the IRS would be doing with a judgment if he awarded the relief requested by DOJ. The only point of spending the time, manpower and resources to obtain a judgment is that there is some likelihood of collecting from the taxpayer during the twenty years that the judgment exists. Therefore a AUSA worth their salt is going to grill the assigned IRS employee(s) as whether they have some plan or idea on where they can collect. I didn't get the impression that the attorney or the RO had explored this aspect. If the judge had been more experienced about this type of suit and had drilled down on the RO and AUSA, he might have embarrassed them for not having answers.
Edited to remove a typo.
Terrence Howard
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Re: Terrence Howard
"I could be dead wrong on this" - Irwin Schiff
"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
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Re: Terrence Howard
Every now and then, you will see a judge - given the time and inclination - give an inexperienced lawyer an opportunity to get on his/her feet and do something in a real courtroom in a situation where it's not really necessary. I've seen that a few times in my own cases, once even during an appellate argument. I could be completely wrong, but I got the feeling that this is what was going on here. A default proceeding - so there won't be any cross-examination or argument - is a good opportunity for a judge so inclined to do this.
I also got the impression that neither the AUSA nor the RO was expecting that to happen. In their defense, it is not that common. A typical default hearing takes 30 seconds, not 30 minutes.
I also got the impression that neither the AUSA nor the RO was expecting that to happen. In their defense, it is not that common. A typical default hearing takes 30 seconds, not 30 minutes.
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Re: Terrence Howard
Yes, it seemed an open-and-shut case. But in the last few years, courts and DOJ have seemed to be looking at IRS suits with a critical eye - all the way to the point that a AUSA may be grilling an RO several times over seemingly mundane issues such as perfection of the assessment(s), verification of final notice delivery to the taxpayer and other critical due process issues. I have no idea if that happened here given the paucity of what actually occurred on the audio . I would like to think that she had at least secured verified 23C documents to establish the validity of the assessments.
I have to agree with your take that maybe the judge was giving this AUSA some courtroom experience. But if Howard had properly lawyered up and his attorney had found some holes in this case, DOJ would have had egg on their face.
"I could be dead wrong on this" - Irwin Schiff
"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
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Re: Terrence Howard
Howard has lawyered up again by filing a suit against his talent agency, CAA, claiming that they did not represent him fairly when negotiating his contract for the television series "Empire."
Howard claims they owe him $120 million and that they had also represented the producers and creators of the series in negotating a package deal, which he claims provided a motive to keep his own salary lower than white actors in other series.
The reason I am posting this is that the revelation that Terrence was receiving $325,000 an episode indicates that he should have had the ability to resolve the tax liability in a reasonable period of time.
Howard claims they owe him $120 million and that they had also represented the producers and creators of the series in negotating a package deal, which he claims provided a motive to keep his own salary lower than white actors in other series.
The reason I am posting this is that the revelation that Terrence was receiving $325,000 an episode indicates that he should have had the ability to resolve the tax liability in a reasonable period of time.
"I could be dead wrong on this" - Irwin Schiff
"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
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Re: Terrence Howard
Howard has participated in a podcast with Joe Rogan. Some amazing things were discussed there:
(1) He claimed that he was able to remember being in utero and his birth. "I was about six months, maybe, inside the womb," Howard began..."(a)nd I'm like, 'Okay, don't forget I'm here, don't forget, don't forget, don't forget.' You go to sleep. You wake up again." In reponse to Rogan's question regarding remembering coming out of the birth canal, Howard replied,"I remember being compressed and you want to panic...(b)ut you're flooded with some serotonin and dopamine, to where you feel relaxed and you go right back to sleep."
(2) Howard claimed that at one time he had an interest in a patent for "AV VR" technololgy that somehow was what all subsequent VR tech is based on. But wouldn'y you know it, Terence got side-armed by his agents and shaken down for extra fees, so he abandoned it or forced out of it and now he claims that this patent has earned $7 trillion in licensing fees. Which is pretty amazing since a Google search shows that VR tech is expected to reach less than a half billion in market value by 2030. You gotta wonder if Howard is just making all of this up or would he buy the Brooklyn Bridge if you approached him. I vote for the latter, since Howard claims that everyone profiting from this tech is using it wrong and don't understand it - but he could show them how to use it properly.
(3) Howard decided to explain his understanding of gravity and metaphysics by discussing how to kill it and God with electricity. He uses a lot of pseudophysics language in describing this process:
(1) He claimed that he was able to remember being in utero and his birth. "I was about six months, maybe, inside the womb," Howard began..."(a)nd I'm like, 'Okay, don't forget I'm here, don't forget, don't forget, don't forget.' You go to sleep. You wake up again." In reponse to Rogan's question regarding remembering coming out of the birth canal, Howard replied,"I remember being compressed and you want to panic...(b)ut you're flooded with some serotonin and dopamine, to where you feel relaxed and you go right back to sleep."
(2) Howard claimed that at one time he had an interest in a patent for "AV VR" technololgy that somehow was what all subsequent VR tech is based on. But wouldn'y you know it, Terence got side-armed by his agents and shaken down for extra fees, so he abandoned it or forced out of it and now he claims that this patent has earned $7 trillion in licensing fees. Which is pretty amazing since a Google search shows that VR tech is expected to reach less than a half billion in market value by 2030. You gotta wonder if Howard is just making all of this up or would he buy the Brooklyn Bridge if you approached him. I vote for the latter, since Howard claims that everyone profiting from this tech is using it wrong and don't understand it - but he could show them how to use it properly.
(3) Howard decided to explain his understanding of gravity and metaphysics by discussing how to kill it and God with electricity. He uses a lot of pseudophysics language in describing this process:
Earlier in the interview, he claimed 'Gravity is caused by electric force electricity, a claim that, while obliquely true, appeared to not be based in reality.
'Gravity is always seeking a higher pressure condition,' he explained, at one point producing a video from a business partner in which 'linchpins' were used to create 'Saturn without gravity.'
'It spins Northeast [and] is trying to get to the center of an area - the center of a cone,' he continued.
'But the next electric wave is coming so it gets pushed out,' he continued.
'And as it's pushed out... instead of it spinning northeasterly - centripetally - it's forced to spin centrifugally. And it spins southwesterly and it expands itself out.
Then comes 'decay', said - specifically referencing the earth's never-ceasing magnetic field.
That, he said, 'keeps decaying until you get four magnetic waves that hit each other at 120° angles
'At that point they reconvert back into the electric field,' he erroneously declared. And then they make their way back to their Source again - whether it's the star, whatever star it came into.'
"I could be dead wrong on this" - Irwin Schiff
"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
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Re: Terrence Howard
Just ran across the response of astrophysicist Neil deGrasse Tyson to Howard's dropping his name (critically) in the Rogan interview. What immediately struck me is how respectful it is. Tyson could easily adopt Pauli's critique - "That's not right. It's not even wrong." - but doesn't. Instead, he incorporates his rebuttal into a concise and readily understandable explanation of how science progresses, and how what Howard does isn't science.
The closest he comes to calling Howard an idiot is mentioning Dunning-Kruger - in other words, not very close. At first, I thought that perhaps I should incorporate the kinder, gentler approach in my writing here. Then it occurred to me that Howard, unlike the people we discuss, is not trying to scam anyone - at least anyone other than the IRS. That makes a difference.
The closest he comes to calling Howard an idiot is mentioning Dunning-Kruger - in other words, not very close. At first, I thought that perhaps I should incorporate the kinder, gentler approach in my writing here. Then it occurred to me that Howard, unlike the people we discuss, is not trying to scam anyone - at least anyone other than the IRS. That makes a difference.
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Re: Terrence Howard
After posting the deGrasse Tyson video above, I thought I would check the PAED docket. Sure, the Court entered the judgment we discussed since the first post of this thread on February 22 of this year - but these guys frequently file further nonsense anyway. And guess what: Howard did too. I'm sorry, Dr. Tyson, but I can't be as nice as you are. Howard appears to have gone full-sov idiot.
About five weeks ago, Howard filed a 52-page compendium of sov stupidity. Since it contains nothing of any validity, this doesn't even make it to Dunning-Kruger. He leads off with what appears to be a home-brew check - a piece of paper not drawn on any bank or other financial institution - for $2M, PTO "Any Federal Reserve Bank or Branch" which he considerately signs as "Registered Owner Without Recourse". On the next page is what appears to be his birth certificate, on which he has typed "Accept for Value", "Exempt from Levy" and "Private Account [some number the right length for a Social Security]". He directs whomever this is sent to - presumably the Court - to "USE MY EXEMPTION FOR FULL SETTLEMENT AND CLOSURE OF THIS ACCOUNT AS THIS ACCOUNT IS PRE=PAID AND EXEMPT FROM LEVY", as though this word salad means anything at all.
There's a lot of other sov-sounding stuff that means equally little, some of it complete with red-ink thumbprints. There is an "International Bille of Exchange" for $2M (pdf p. 27); it does note that it is "void where prohibited by law", which my guess is basically everywhere. There is a variant of the ol' sov "fee schedule" (pp. 34-38). The last item is a lengthy "Revocation of Election Affidavit" by which Howard appears to declare himself a non-resident alien.
I think we should begin the process of securing our borders by deporting him.
About five weeks ago, Howard filed a 52-page compendium of sov stupidity. Since it contains nothing of any validity, this doesn't even make it to Dunning-Kruger. He leads off with what appears to be a home-brew check - a piece of paper not drawn on any bank or other financial institution - for $2M, PTO "Any Federal Reserve Bank or Branch" which he considerately signs as "Registered Owner Without Recourse". On the next page is what appears to be his birth certificate, on which he has typed "Accept for Value", "Exempt from Levy" and "Private Account [some number the right length for a Social Security]". He directs whomever this is sent to - presumably the Court - to "USE MY EXEMPTION FOR FULL SETTLEMENT AND CLOSURE OF THIS ACCOUNT AS THIS ACCOUNT IS PRE=PAID AND EXEMPT FROM LEVY", as though this word salad means anything at all.
There's a lot of other sov-sounding stuff that means equally little, some of it complete with red-ink thumbprints. There is an "International Bille of Exchange" for $2M (pdf p. 27); it does note that it is "void where prohibited by law", which my guess is basically everywhere. There is a variant of the ol' sov "fee schedule" (pp. 34-38). The last item is a lengthy "Revocation of Election Affidavit" by which Howard appears to declare himself a non-resident alien.
I think we should begin the process of securing our borders by deporting him.
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Re: Terrence Howard
So Howard went straight to full bore retard.
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Immerse yourself into the kingdom of redemption
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Re: Terrence Howard
“A little learning is a dangerous thing.
Drink deep, or taste not the Pierian Spring;
There shallow draughts intoxicate the brain,
and drinking largely sobers us again.”
― Alexander Pope, An Essay On Criticism
Drink deep, or taste not the Pierian Spring;
There shallow draughts intoxicate the brain,
and drinking largely sobers us again.”
― Alexander Pope, An Essay On Criticism
"We've been attacked by the intelligent, educated segment of the culture." -- Pastor Ray Mummert, Dover, PA, during an attempt to introduce creationism -- er, "intelligent design", into the Dover Public Schools