"Pablo" says Hendrickson's method doesn't work

[Famspear]

Remember "Pablo Rodriguez," the follower of Peter E. ("Blowhard") Hendrickson, who was banned from Pete's lost horizons web site awhile back?

Pablo runs his own web site here:

http://www.taxreturnteam.org/

Now, Pablo has written to Bob Hurt (bolding added by me):

From: Pablo Rodriguez
To: Bob Hurt
Subject: Please reconsider your advice about Mr. Hendrickson
Date: Wed, 09 Feb 2011 01:41:21 -0500

Bob:

Many of us on the Tax Return Team (all of whom were "burned" following Mr. Hendrickson's administrative remedy), are very alarmed that you are pushing his administrative remedy by recommending people use Forms 4852 and "correcting" Forms 1099. We can emphatically tell you, "It doesn't work!!!" Our members are being charged with fraudulent filing, frivolous filings, deficient filings, failure to file, and more all because we filed "CtCeducated" returns as far back as four years ago. It is without a doubt that we all regret following his suggestions.

As we've experienced, and over 200 other people have come to us and told us, if the IRS gives you a refund, you can be sure that within the subsequent 2-3 years, you will be forced to return all of it. Many of our members tried in vain to have their names removed from his "Victories" page but he refused because Mr. Hendrickson claimed that they were validly won and fraudulently stolen. But it was grossly misleading to let people believe that a certain number of folks had received $10m in refunds without discounting the number who've not only had to return that money, but who also paid additional "frivolous" fines, penalties, interest, and in many cases sanctions up to $5,000.

I've tried to explain the problem presented by Mr. Hendrickson's administrative remedy in the attached document. We'd LOVE to host you on one of our twice-weekly meetings to discuss this with you. We had a standing offer to Mr. Hendrickson for over 18 months and he never responded to our requests, invitations, or our e-mails.

We absolutely believe what Mr. Hendrickson uncovered about the tax laws of the country and we firmly support him. We encourage our members to help support him and his family, too. However, it's his administrative remedy that so many of us are fighting for our lives in tax court and other courts to get squared away.

We're trying to hold a greased snake with oily hands on a freshly waxed floor filled with banana peels all the while trying to put it back into a stiletto-lined box without hurting ourselves or getting bit by the snake.

You are cordially invited to spend time with us and see what we've uncovered.

P.S. Feel free to post this e-mail and the accompanying document on the Lawmen site.
--
Thank you,
Pablo Rodriguez

http://groups.google.com/group/lawmen/b ... 73c4ac6eda

[LPC]

We're trying to hold a greased snake with oily hands on a freshly waxed floor filled with banana peels all the while trying to put it back into a stiletto-lined box without hurting ourselves or getting bit by the snake.

There are at least 5 too many metaphors in that "sentence."

[LPC]

We're trying to hold a greased snake with oily hands on a freshly waxed floor filled with banana peels all the while trying to put it back into a stiletto-lined box without hurting ourselves or getting bit by the snake.

While suffering from a grand mal seizure and having our home foreclosed on and facing eviction while the tornado bore down on us during the earthquake (and tsunami).

[Famspear]

Now, here are some excerpts from the attached file Pablo sent to Bob Hurt (bolding added by me):

The Tax Return Team is committed to helping those who are in CDP or Tax Court and who are having administrative or judicial difficulties with the IRS. A large number of people who contact us have filed a “Hendrickson” return and are now experiencing the wrath of the IRS against them. The reason I say “Hendrickson” returns is because the IRS actually has a stamp that they are putting on Forms 4852 with his name. These returns are automatically being labeled “frivolous” due to significant evidentiary and procedural problems. Accordingly, the IRS sends them letters with language such as “failure to file,” “failure to pay,” “frivolous filing,” “fraudulent filing,” “overpayment of the refund,” “we changed your account,” and other goodies.

Folks that are filing like Mr. Hendrickson advocated are getting steamrolled in Tax Court[footnote 1: Walbaum v. CIR, Tax Court Docket 9372-09] , sanctioned in Appellate Court [footnote 2: Walbaum v. Commissioner of Internal Revenue, Court of Appeals, 8th Circuit 2010 (unpublished)] , and denied certiori [sic] at the Supreme Court [footnote 3: Walbaum v. CIR, Supreme Court 2011 (certiori [sic] denied)] like Mr. Walbaum in all these instances. And Mr. Walbaum is hardly alone. He tried to claim Social Security and Medicare on a federal income tax return and used a Form 4852 to claim $0 wages but listed amounts of Social Security and Medicare withholding.

On February 7, 2011, one of Mr. Hendrickson’s closes adherents, Mr. Mooney, was sanctioned by the Tax Court (a 2nd time, doubling the prior sanction) for trying to get a refund of Social Security and Medicare on his federal income tax by claiming $0 wages but listing amounts of Social Security and Medicare withholding [footnote 4: Mooney v. CIR, T.C. Memo 2011-35 (2011), docket 8128-09] .

[ . . . . ]

Disillusioned by many losses in tax court suffered by many who have followed Hendrickson’s administrative remedy, we set out to explore why his remedy fails to make a reasonable dispute to 3rd party reporting and uncover what constitutes a reasonable dispute as demanded by Title 26. Our experience, Tax Court, the Internal Revenue Code (26 USC), and the regulations that govern it (26 CFR), all demonstrate why his administrative remedy will never gain acceptance in the courts on any level.

[.... Pablo's long analysis not reproduced here . . . ]

The last problem with Mr. Hendrickson’s administrative remedy is that it relies on [sic] a non-taxpayer using IRS forms. We are of the opinion that tax forms are required for those made liable under the law for any internal revenue tax. If you did not receive taxable income, then we don’t believe you should use IRS forms to file for a refund.....

Pablo wants to be a guru.

[Famspear]

We're trying to hold a greased snake with oily hands on a freshly waxed floor filled with banana peels all the while trying to put it back into a stiletto-lined box without hurting ourselves or getting bit by the snake.

And......

While suffering from a grand mal seizure and having our home foreclosed on and facing eviction while the tornado bore down on us during the earthquake (and tsunami).

In that kind of situation, what does a logical, rational, psychologically normal person do? Answer: Consult an attorney, CPA, enrolled agent, etc., with years of experience actually solving federal tax problems.

In that kind of situation, what does a follower of Blowhard Hendrickson do? Why, he probably consults Pablo, a tax protester and former acolyte of the Fabulous Felon. Pablo -- who has no known training or experience in law, accounting, or taxation.

[Famspear]

Pablo wrote:

.......the IRS actually has a stamp that they are putting on Forms 4852 with his [Hendrickson's] name.....

Can anyone here confirm this? Is the IRS actually stamping the fraudulent paperwork with Hendrickson's name? I love it! Is this story true?

[Famspear]

Pablo wrote:

.......the IRS actually has a stamp that they are putting on Forms 4852 with his [Hendrickson's] name.....

Can anyone here confirm this? Is the IRS actually stamping the fraudulent paperwork with Hendrickson's name? I love it! Is this story true?

Only if his middle name is "frivolous." I really doubt what Pablo says is true. If they did have such a stamp and used it and such documents the stamp was used on ended up in court, might it not cause more problems for the IRS than its cutesiness is worth? I don't necessarily put it past the IRS, but from an admin/legal point of view it could be.......problematic.

Yes, I guess they'd have to think about the restrictions on the internal IRS use of the term "tax protester" or any "similar" designation, imposed by the 1998 IRS reform/restructuring Act. For example: Is using the name "Hendrickson" to describe someone's tax filings essentially calling that person a "tax protester?" Also, I don't know whether IRC section 6103 would be implicated by the use of Hendrickson's name if such a document needed to be used as evidence in a case for one of his followers (maybe, maybe not).

I recall that many years ago (long before the 1998 Act), some IRS employees referred to tax protester returns as "Porth" returns, named after an early tax protester who went to prison for tax crimes.

[.]

Yes, I guess they'd have to think about the restrictions on the internal IRS use of the term "tax protester" or any "similar" designation, imposed by the 1998 IRS reform/restructuring Act.

Something like "$5K comin' our way!" might be outside the purview of the '98 act. Of course, it's probably also outside the purview of the IRS's institutional sense of humor.

[notorial dissent]

In that kind of situation, what does a follower of Blowhard Hendrickson do? Why, he probably consults Pablo, a tax protester and former acolyte of the Fabulous Felon. Pablo -- who has no known training or experience in law, accounting, or taxation.

Good old Pablo who is still claiming that the client/sucker is using the wrong forms or isn't saying the magic words right, because they don't have income, which or course means they are headed for an automatic loss somewhere down the road. Yup, good old Pablo.

Couldn't possibly be having the luck they're having because their "administrative remedy" is simply, absolutely, dead wrong!!!! Nah, that couldn't be it, they just didn't do it right.

[wserra]

Pablo wants to be a guru.

Good scams are not easy to think up. After all, people have been scamming each other for a long time. Many very bright people have attempted it, with varying degrees of success. Most schemes have therefore been around the block on multiple occasions in one form or another, and people get familiar with them. Accordingly, when one scheme has enjoyed some success but now shows signs of failing, the wannabe scammers circle to feed on the carrion rather than try to invent something new under the sun. Those of us who frequent the MLM forum see this regularly, to the extent that there is a phrase for it - a piggyback scam.

The typical piggyback scam takes the following form: scammer wannabe ingratiates him/herself with acolytes of established scammer by offering praise, making suggestions and encouraging. After a while, wannabe (while, you understand, still admiring the Great Man) starts to see the flaws in the original plan. This (strangely enough) accelerates as the cracks in the original scam widen. Finally, the piggyback scammer sets him/herself up as the one able to aid those in trouble due to the original scam - for a modest fee, of course. It's American as apple pie.

Review Pablito's history to see how well he fits the mold.

[Parvati]

We're trying to hold a greased snake with oily hands on a freshly waxed floor filled with banana peels all the while trying to put it back into a stiletto-lined box without hurting ourselves or getting bit by the snake.

While suffering from a grand mal seizure and having our home foreclosed on and facing eviction while the tornado bore down on us during the earthquake (and tsunami).

Uphill. Both ways.

[Gregg]

The last problem with Mr. Hendrickson’s administrative remedy is that it relies on [sic] a non-taxpayer using IRS forms. We are of the opinion that tax forms are required for those made liable under the law for any internal revenue tax. If you did not receive taxable income, then we don’t believe you should use IRS forms to file for a refund.....

Umm, so is he suggesting people would do better with, say, Electrical Usage Permit Variance Requst forms from the Tennessee Valley Authority?

[The Observer]

Can anyone here confirm this? Is the IRS actually stamping the fraudulent paperwork with Hendrickson's name? I love it! Is this story true?

It is categorically untrue. What has actually happened is that IRS employees are visiting the taxpayers who filed the CtC returns and stamped "Hendrickson" on their foreheads.

Of course, it's probably also outside the purview of the IRS's institutional sense of humor.

No, as you can see above the IRS has a great sense of humor.

[LPC]

Pablo referring to the CtC non-method as an "administrative remedy" strikes me as dismissive, and is likely to be intentionally so.

[Gregg]

As to the "hendrickson" stamp, I think I do remember reading in some case where a document had "hendrickson" hand written on it somewhere, not the return itself but some internal thing that they got via the Lost Head FOIA for every piece of paper in Ogden program.

And if true, it was prolly not the best thing for one single person to write on one single piece of paper one single time, but that's still a ways from "so common they made a stamp for it, hired special staff, built a new building and even got new killer attack wiener dogs for the building"


of course if it ever comes to litigation, the hand written incident will not be admittable anyway unless it's in Red Crayon....and not just any red crayon, has to be a Crayola produced with the old style pigments between January 3rd 1964 and June 6th 2007