termination of tax liens

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David Merrill

termination of tax liens

Post by David Merrill »

I enjoy the idea that the IRS can seize property outside judicial action - or more like what Proctor Wiswall* calls sub judice actions. For a long time I thought so too. It goes nowhere as far as AndyK (ObviousMan and who knows now?), an actual Treasury agent blurting that the IRS must assume one is after gold or silver coin to call demanding lawful money pursuant to Title 12 U.S.C. §411 frivolous, but The Observer finally spelled it out in another thread:
No, they have their property seized and/or income attached after an IRS agent has completed an assessment, notice and demand has been made to the taxpayer to pay the assessment, and the assessment goes unpaid...


There is no judicial action there. Unless you consider filing a marriage license with a clerk and recorder notice and grace in the common law - Article III process of the People etc. Scary thought! And part of curing the lien is informing third parties of that interest.



Regards,

David Merrill.


* http://www.freedom-school.com/the-1994-ebsworth.pdf
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Post by The Observer »

David Merrill wrote:
No, they have their property seized and/or income attached after an IRS agent has completed an assessment...
Gotcha there. How many times have you seen a certified assessment? Think about that assessment that Nikki owes me, what did I assess? $5K?
I have had no reason to see a certified assessment. But this issue has already been litigated a zillion times in the courts. And every single time a TP has questioned the authenticity of an assessment in their lawsuits, the IRS produces the evidence of a proper assessment in court. So no "gotcha."

Regarding your "assessment" we are still waiting to see the federal or state statute that gives you authority to create an an "assessment" against Nikki. And how much of that "assessment" have you collected so far? What have you done per the UCC filing requirements to ensure that your "assessment" will be properly recorded and afforded a secured position against any other creditors that Nikki may have?
"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
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Re: termination of tax liens

Post by The Observer »

David Merrill wrote:
There is no judicial action there. Unless you consider filing a marriage license with a clerk and recorder notice and grace in the common law - Article III process of the People etc. Scary thought! And part of curing the lien is informing third parties of that interest.
Of course there is no judicial action there. The IRC has no requirement that IRS employees have to secure approval from a court to create assessments, liens or issue levies and seizures, except for the seizure of a personal residence.

But if you believe that to be wrong, David, then why haven't you started a class-action lawsuit based on your premise? You could literally make a fortune litigating on behalf of all the people who were the targets of IRS levies and seizures that were based on those "non-judicial" liens.
"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
David Merrill

sub judice

Post by David Merrill »

The Observer wrote: And how much of that "assessment" have you collected so far? What have you done per the UCC filing requirements to ensure that your "assessment" will be properly recorded and afforded a secured position against any other creditors that Nikki may have?
You make my point eloquently for me. - Thanks to The Observer.

Since the liens are easily terminated I have never had to resort to the assessment argument but I hear that over 200 cases have been won that way. The certification of the assessment is what wins. I can assess a debt against Nikki but it must be certified before anything can come of it - same with the IRS.


Regards,

David Merrill.


P.S. Get a load of this blurt!
Of course there is no judicial action there. The IRC has no requirement that IRS employees have to secure approval...
I have proven you wrong on that one; over and over until I just leave it to the simple moral judgment of the Readers.


P.P.S.

This blurt tops it off!


...why can't David's motor scooter sue someone?
I think what was being questioned was the motor scooter's sanity in filing a suit with David as co-plaintiff. The chances of the motor scooter prevailing in court would have increased dramatically if it had filed suit separately.
I wish Demosthenes would broadcast the docket again. It showed how the district court refused to file the Manhattan Judgment on the morning of September 11, 2001 but filed it gladly, a week later; the clerk of court escorting me past security with no Guberment-Issued ID.
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Post by . »

Van Pelt wrote:I hear that over 200 cases have been won that way
There's those voices, again.
All the States incorporated daughter corporations for transaction of business in the 1960s or so. - Some voice in Van Pelt's head, circa 2006.
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Post by The Observer »

. wrote:
Van Pelt wrote:I hear that over 200 cases have been won that way
There's those voices, again.
Yes, that is the problem with David's mantra about lien termination. He only hears about them. But when we ask for court cases showing victory, he just changes the subject and moves on.
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"Do you realize I may even be delusional with respect to my income tax beliefs? " - Irwin Schiff
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Re: sub judice

Post by The Observer »

David Merrill wrote:Since the liens are easily terminated I have never had to resort to the assessment argument but I hear that over 200 cases have been won that way. The certification of the assessment is what wins. I can assess a debt against Nikki but it must be certified before anything can come of it - same with the IRS.
Yes, but I have asserted that the IRS has proven the authenticity of certified assessments in court. You have yet to show anything different.
Of course there is no judicial action there. The IRC has no requirement that IRS employees have to secure approval...
I have proven you wrong on that one; over and over until I just leave it to the simple moral judgment of the Readers.
No, you haven't - if your position was correct, you would have been able to litigate a class-action lawsuit and stopped the IRS.

I wish Demosthenes would broadcast the docket again. It showed how the district court refused to file the Manhattan Judgment on the morning of September 11, 2001 but filed it gladly, a week later; the clerk of court escorting me past security with no Guberment-Issued ID.
And how does this have anything to do with certified assessments?
"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
David Merrill

Post by David Merrill »

Yes, but I have asserted that the IRS has proven the authenticity of certified assessments in court.

That's where the gotcha comes from. Almost all alleged IRS debts never get a certification.



Regards,

David Merrill.
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Post by The Observer »

David Merrill wrote:That's where the gotcha comes from. Almost all alleged IRS debts never get a certification.
Prove it. And proof means something other than you hearing about it. That is why I keep asking why you haven't pursued a class-action lawsuit on this issue - a question that you keep avoiding. I think that is the gotcha that you should be concerned about.
"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
David Merrill

Post by David Merrill »

One of Demosthene's referrals just the other day had a letter from the Treasury, somewhat dated that no certification had ever accompanied his alleged liability. He may get back to me soon; that will be interesting.

Otherwise remedy works well without bringing up the issue.



Regards,

David Merrill.
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Post by Judge Roy Bean »

David Merrill Van Pelt wrote:...Otherwise remedy works well without bringing up the issue.



Regards,

David Merrill.
Only in your own disturbed mind, Van Pelt.

Still trolling for dupes to send you FRN's, I see.
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Nikki

Post by Nikki »

Please show something in the laws of THIS planet where a federal tax lien requires cetrification.
David Merrill

Post by David Merrill »

Judge Roy Bean wrote:
David Merrill Van Pelt wrote:...Otherwise remedy works well without bringing up the issue.



Regards,

David Merrill.
Only in your own disturbed mind, Van Pelt.

That one is worth putting on my Signature Judge Roy Bean. Here is Judge Roy Bean saying that there is no remedy. And the pseudonomania is described eloquently therein by the inference of FDR's government bonds.

Nikki challenges me:
Please show something in the laws of THIS planet where a federal tax lien requires cetrification.
I was talking about certification Nikki. Every alleged tax liability must be backed by an accounting and the certification of that accounting must be validated by somebody other than the original agent. You know that!


Regards,

David Merrill.
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Post by . »

Say, Van Pelt, do all of the conflicting things the voices say give you any pause?

Does the fact that your "suitors"/"terminators" have no success in preventing levies and garnishments give you any pause?

Does the fact that your imaginary "remedy" doesn't remedy anything give you any pause?

Are we to believe that you really are an anti-social psychotic, preying on the the stupid and gullible who think that the Fed rules the world and that your name isn't really your name?
All the States incorporated daughter corporations for transaction of business in the 1960s or so. - Some voice in Van Pelt's head, circa 2006.
Nikki

Post by Nikki »

David Merrill wrote:
Nikki wrote:Please show something in the laws of THIS planet where a federal tax lien requires cetrification.
I was talking about certification Nikki. Every alleged tax liability must be backed by an accounting and the certification of that accounting must be validated by somebody other than the original agent. You know that!


Regards,

David Merrill.
You are merely repeating yourself. What is the law or regulation that establishes "must?"
David Merrill

Post by David Merrill »

wserra wrote:
Quixote wrote:PH has never been charged with perjury, so a conviction would be a bit premature.
Where is Judge Roy Bean when we need him?

That one is a classic Signature right there!
Does the fact that your "suitors"/"terminators" have no success in preventing levies and garnishments give you any pause?
Answer: You base the question on a fact. I just wonder why after getting no results these folks refer me to friends and family. They must be really, really stupid huh? Of course maybe you haven't got your facts straight...


Regards,

David Merrill.
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Post by Joey Smith »

David Merrill wrote:
I just wonder why after getting no results these folks refer me to friends and family. They must be really, really stupid huh?
Yes!

And of course you have the same results as they were getting before, i.e., none.
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David Merrill

Post by David Merrill »

Joey Smith wrote:David Merrill wrote:
I just wonder why after getting no results these folks refer me to friends and family. They must be really, really stupid huh?
Yes!

And of course you have the same results as they were getting before, i.e., none.


Big blue letters... Yes. Joey, we are all impressed.



Regards,

David Merrill.
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Post by . »

I just wonder why after getting no results these folks refer me to friends and family.
Or, to put it another way, I just wonder why these people are so stupid as to believe anything I say, considering that I get no results because I exist in a different reality, namely the Planet Van Pelt, which is a universe unto itself.
All the States incorporated daughter corporations for transaction of business in the 1960s or so. - Some voice in Van Pelt's head, circa 2006.
David Merrill

Post by David Merrill »

. wrote:
I just wonder why after getting no results these folks refer me to friends and family.
Or, to put it another way, I just wonder why these people are so stupid as to believe anything I say, considering that I get no results because I exist in a different reality, namely the Planet Van Pelt, which is a universe unto itself.
Actually these people are intelligent folks like you, I presume. They would be able to discern whether they are getting results or not. Nah... I take it back; they are more intelligent than you.


Regards,

David Merrill.