Pete H's new Legal Offense Initiatives

[Dezcad]

Taken from the newsletter, Pete has new Legal Offense Initiatives, which has as much basis as anything else he's ranted about.

GOING ON OFFENSE

"A nation of sheep begets a government of wolves"
-Edward R. Murrow

I'm Pleased To Announce Two New Legal Offense Initiatives

The Tax Court Task Force

As an increasing number of CtC Warriors are initiating actions before tax agency administrative tribunals seeking supervision of errant agencies and the enforcement of the law, a "Tax Court Task Force" has been established. The task force will be headed up by CPA Joe Fennel, and will function as a clearing house for tax court-related informational and educational materials, the analysis of court and relevant agency behavior, and the development and refinement of both strategies and specific legal instruments appropriate to actions in that venue.

Those engaged in CtC-educated contests in tax court-- that is, timely actions to enforce proper agency respect for and response to, educated, accurate lawful filings-- or who intend to initiate such actions, should contact the Task Force at TCTaskForce 'at' losthorizons.com. Contact emails should include a comprehensive timeline of all events relevant to the periods involved detailing all filings made by both the warrior and others concerning those periods, all correspondences from the tax agency, and so forth; along with scans of all relevant docs (full-size, 150dpi minimum, 300 dpi maximum, and total email size of 9 megs or less-- use multiple emails if necessary).


The Erroneous Information Return Lawsuit Initiative

A team of attorneys has begun work on materials to be used for taking private legal action against negligent and/or willful creators of bogus "information returns" such as W-2s, 1099s and K-1s. These actions will invoke both state and federal statutes as well as relevant aspects of tort law.

IT IS VERY IMPORTANT THAT THE CtC COMMUNITY AS A WHOLE CONTRIBUTE TO THIS PROCESS, as the utility of the instruments and strategies developed by the team will be significantly impacted by individual state statutory structures and case law. If the necessary R & D is to be accomplished in any kind of a timely way, it will be because all of you conduct relevant research in regard to your home states, most of which will have some specific provisions regarding the creation and deployment of fictitious and vexatious legal instruments.

The product of such research should be sent to EIRLI 'at' losthorizons.com, and should be confined to actual statutes and rulings in their entirety. Theorizing as to legal approaches to this issue is very welcome, but must be supported by competent authority. In both cases, please submit the material as MSWord or RTF docs attached to the emails, which emails should contain a summary of the attachment's contents within their message fields.

(Those conducting research pursuant to the above initiative should simultaneously compile any state-law material encountered which is relevant to the issue of unauthorized, negligent and/or willful diversion of property under "withholding" protocols. An initiative in that regard will be launched soon.)

However,

The virtues of these new initiatives notwithstanding, the "outreach" offensive remains the most important, and the best route to a timely overall victory in our efforts to uphold the rule of law in regard to the tax.

[LPC]

the analysis of court and relevant agency behavior,

The "analysis of court behavior" is actually one way to describe the practice of law. As Justice Oliver Wendell Holmes once explained, “the only definition of law for a lawyer’s purposes is something which the Court will enforce.” Letter to Sir Frederick Pollock, 7/3/1874. Or, more famously: “The prophecies of what the courts will do in fact and nothing more pretentious are what I mean by the law.” The Paths of the Law (1897).

But that's not what CtC is about. CtC is about ignoring the rulings of the courts and inventing some alternate reality to explain the few rulings that CtC is willing to admit exist.

After all, Hendrickson can't "analyze" the "behavior" of the 6th Circuit without first acknowledging that they ruled against him.

[Doktor Avalanche]

After all, Hendrickson can't "analyze" the "behavior" of the 6th Circuit without first acknowledging that they ruled against him.

But watch him tilt at that particular windmill.

[LOBO]

Taken from the newsletter, Pete has new Legal Offense Initiatives, which has as much basis as anything else he's ranted about.

GOING ON OFFENSE

"The Erroneous Information Return Lawsuit Initiative

A team of attorneys has begun work on materials to be used for taking private legal action against negligent and/or willful creators of bogus "information returns" such as W-2s, 1099s and K-1s. These actions will invoke both state and federal statutes as well as relevant aspects of tort law.

I wasn't able to find the exact cite (but I'm sure somebody here can pop it off the top of their heads), but how long will it take this team of lawyers to find out that such a lawsuit will be dropped since the employer is following legal requirements?

[The Observer]

A team of attorneys has begun work on materials to be used for taking private legal action against negligent and/or willful creators of bogus "information returns" such as W-2s, 1099s and K-1s. These actions will invoke both state and federal statutes as well as relevant aspects of tort law.

Translation: We are going to harass, threaten and in general try to intimidate employers into not complying with the law - because if they insist on us suing them in court, we will lose.

[Judge Roy Bean]

What part of "at will" employment status do they not understand?

Any twit who gets lured into filing a frivolous suit against a former employer will never be employed again by anyone who runs a simple background check on applicants.

[LPC]

I wasn't able to find the exact cite (but I'm sure somebody here can pop it off the top of their heads), but how long will it take this team of lawyers to find out that such a lawsuit will be dropped since the employer is following legal requirements?

Perhaps never.

Any lawyer stupid enough to work for Hendrickson (or anyone like Hendrickson) is also going to be too stupid to learn anything about tax law before charging ahead.

Which is why we have Rule 11.

[Quixote]

Taken from the newsletter, Pete has new Legal Offense Initiatives, which has as much basis as anything else he's ranted about.

GOING ON OFFENSE

"The Erroneous Information Return Lawsuit Initiative

A team of attorneys has begun work on materials to be used for taking private legal action against negligent and/or willful creators of bogus "information returns" such as W-2s, 1099s and K-1s. These actions will invoke both state and federal statutes as well as relevant aspects of tort law.

I wasn't able to find the exact cite (but I'm sure somebody here can pop it off the top of their heads), but how long will it take this team of lawyers to find out that such a lawsuit will be dropped since the employer is following legal requirements?

An employer following all legal requirements is not a negligent and/or willful creator of bogus information returns, so the subject might not come up. There might actually be a team of lawyers developing material for suits under IRC §7434, Civil damages for fraudulent filing of information returns. If they stick to the nuts and bolts of filing such a suit, should they care that none of their target audience has a cause of action under 7434?

[wserra]

A team of attorneys has begun work

In the unlikely event that this "team" exists at all, I think we've run across them before.

[Doktor Avalanche]

A team of attorneys has begun work

In the unlikely event that this "team" exists at all, I think we've run across them before.

He wishes his legal team was that stellar.

[ASITStands]

A team of attorneys has begun work

In the unlikely event that this "team" exists at all, I think we've run across them before.

He wishes his legal team was that stellar.

I wondered if he meant those working on the "Affidavit of Facts - Project", who, of course, are not attorneys, and whose "project" is not a project, let alone an "affidavit of facts."

I can't imagine any attorney in good-standing with a court contemplating such a lawsuit.

[.]

I can't imagine any attorney in good-standing with a court contemplating such a lawsuit.

I can't even imagine a non-attorney with at least two functioning synapses contemplating such a lawsuit.

[grixit]

That thread reminds me of a web comic from some months back, i'm sorry i don't remember which one. Anyway, one of the characters is speculating on what they'd ask for if they were to find a real genie. Ah but genies are notorious for finding loopholes in words. So the character decides to throw it open to the internet: an open source project to develop a truly unambiguous wish, with all possible consequences covered.

The LH venture appears to be the less productive one because there are more reports of genies than there are of judges who'll accept tp nonsense.

[notorial dissent]

I wondered if he meant those working on the "Affidavit of Facts - Project", who, of course, are not attorneys, and whose "project" is not a project, let alone an "affidavit of facts."

I can't imagine any attorney in good-standing with a court contemplating such a lawsuit.

With regard to the "Affidavit of Facts - Project", amazing the amount of nonsense one can come up with when starting from a very faulty premise backed up by a total misunderstanding and misreading of the material in question, in the attempt to bolster what you really really want to believe, all the while having nothing valid whatsoever to base it on.

While I would tend to agree that most mentally competent attorneys would have a clue that such a law suit would be a real career ender, there have been enough idiots trying from what I’ve observed, that the Federal immunity portion of the statute does get to come in to play. I’m fairly sure that there will be some of the LH and Sui’s who will try this and that it will be a while before they get enough of them slapped down that this current sure fire solution will fade. This is in the same class as the lien filers of a few years ago.