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echo: barktopus
to: Dave Ings
from: Gary Britt
date: 2005-12-25 15:06:52
subject: Re: Now it`s Data Mining without court approval

From: "Gary Britt" 

Yes, after the fact, if you have 10's of thousands of dollars in cash for
attorney's fees, you can file a claim for refund and sue to get the refund
of taxes you dispute you owe in federal court.  With any luck and after the
IRS appeals, you might get relief in 4 to 10 years.  Chances of prevailing
are not good at all in most cases.

You can sue for damages AFTER your home is gone and sold at auction or
after their actions have put you out of business, provided their actions
were in fact improper by failing to follow their own procedures or
violating the constitution (except the 4th amendment which doesn't apply
except in a criminal tax crime prosecution context), but the burden of
proof is so high that your chances of winning (even in a situation where
they later agree they made a mistake and you didn't really owe the money
they claimed you owe sorry we took your home and killed your business,
oops) is far less than 50%.  You would need $100,000 cash for attorney's
fees to mount such a contested legal matter with a decent attorney.

I agree with you  this kind of power is quite shocking.  It seems to normal
people to violate the constitution on many levels.  The federal courts and
even the Supreme court have all recognized for a very long time, that if
they don't protect the government's receipt of money above all else, the
government's ability to pay them their salaries might be impaired and more
seriously the government's existence itself could be impaired.  Therefore,
the Supreme Court almost never makes a decision whose practical effect
could be to impede the collection of taxes by the government.  They just
rationalize away constitutional requirements.  They have done the same
thing with regard to the payment of debts by the States, where the
constitution flatly states that the States MUST pay their debts in gold!!! 
The Supreme Court just chooses to completely ignore this provision and to
refuse to enforce it whatsoever, because to enforce it might impair the
ability of the Federal Government to collect money or pay its own debts
because the federal government doesn't issue money in the form of gold any
longer nor is it redeemable in gold any longer.

Gary

"Dave Ings"  wrote in message
news:43aef6c0$1{at}w3.nls.net...
> I wasn't aware of this. Call me naive, but I find this amount of
> concentrated power quite shocking.
>
> Does one have recourse to the US courts (albeit after the fact) if you
> believe the power so exercised was inappropriate?
> --
> Regards,
> Dave Ings,
> Toronto, Canada
>
> "Gary Britt"  wrote in message
> news:43aef10b$1{at}w3.nls.net...
>
> >
> > The IRS can come into your home and business and seize every piece of
> > paper,
> > your bank account records, every computer, your furniture, your home
> > itself
> > all without a warrant or even any other kind of judicial process.
>
>

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