Contents of Disk, Instructions & Strategy All files on this disk are designed to be adapted as letters (1) to Internal Revenue Service officers or agents, or (2) "employers" and other third parties. Probably the two most important files amount to two versions of the same thing -- a memorandum which covers six essentials that default application of the Internal Revenue Code in the several states, and Internal Revenue Service authority. Congress never created a Bureau of Internal Revenue. Alabama attorney Larry Becraft located two instances in the Federal Register and mention in Internal Revenue Manual 1100 where there is tacit confession to this fact. By locking in this end, Becraft strengthened the legitimacy of William Cooper/Wayne Bentson research documenting that IRS and the Bureau of Alcohol, Tobacco and Firearms are agencies of the Department of the Treasury, Puerto Rico. The other five sections of the memorandum are just as strong. Read one or the other version of the memorandum, and take time to digest what you've read, before tackling the other material. One version of the memorandum is designed to support the demand that IRS discontinue administrative initiatives, whatever they are, and the other is designed to be informative for third parties such as employers, business people, etc. If you have special use, adapt one or the other by changing the introduction and heading, and the summary and conclusion at the end. The body of the memorandum should be left alone unless you have additional evidence that supports the particular area, or you have evidence supportive of an additional area which defaults IRS. The other files are designed for specific purposes: (1) The no-hold file is a letter which terminates a W-4 withholding agreement with employers. Regulations concerning the cancellation of the W-4 withholding agreement say to terminate by letter -- no form is prescribed. See material in the termination letter. Additionally, there is a cover letter to "employees" that covers the federal tax system and more or less recruits the business owner or company official to the notion that the state- based business is no more obligated to pay federal income tax than people who work for the company are. Use a little sugar ... will normally be more effective than the stick. Also, include the 3rd-party version of the 7-page memorandum that addresses IRS & the Internal Revenue Code. This is something business owners can give to their attorneys to research, and the memorandum is put together well enough that allegations can be documented. There is a "don't file" letter on the disk. This is to be used with IRS notices, usually from regional service centers, that you haven't filed tax returns ... the CP-515 & CP-518 letters. It gets the job done in two paragraphs. There is a FOIA letter that requests 11 items. This letter probably takes the most individualization as you will have to designate years, etc., and use a little common sense concerning which of the 11 items you need for your personal situation. There are two notice of administrative appeal letters. The initial letter is reasonably short, then the amended notice of administrative appeal letter moves strongly into the forum of a criminal complaint against the revenue officer or whomever is attempting to execute administrative actions without (1) providing the Form 23C, or (2) producing court orders authorizing the filing of "notice of lien" or "notice of levy" instruments. When the District Disclosure Officer returns a preliminary reply confirming that the Form 23C and/or the court orders don't exist, immediately move from the notice of administrative appeal to the amended notice. The name of the game is jeopardy -- if the District Director doesn't notify IRS internal investigation and enforcement of your complaint, he is subject to Title 18 charges for conspiracy and misprision of felony. Send a copy of the memorandum specifically designed for IRS use with the notice of administrative appeal, or if not with the first notice, with the amended notice that articulates the criminal complaint. The second item in the memorandum documents preservation of due process rights via statutes in titles 5, 26 & 28, plus regulations in the 26 CFR. In all cases where responding to specific Internal Revenue Service initiatives, reference the IRS letter number and date in your letter heading and send a photocopy of the portion of the IRS letter with the response that the letter asks for you to return. It is essential that you make connections -- your information needs to be linked with the IRS initiative. Also, I insist on referencing Social Security numbers. If you want, set your Social Security number off in brackets [SSN #000-00-0000], but even though many people don't like using the number, it is more probable that your response will be recorded properly if IRS people can punch you up on the computer. The Social Security number is somewhat like having a Sears credit card -- if you don't use the account, the account is inactive. The Social Security number at some point needs to be revoked, I am convinced, but that needs to be done "by the book" too. I haven't dug through that book to know how to do the job so it gets done right. If you do, we would certainly like to have the research. There are four or five additional sections to be added to the memorandum, but the six presently included are tough for IRS to handle. We've already received a favorable report where the administrative appeal/FOIA two-front initiative supposedly resulted in a revenue officer sending the keys to a couple's business back and releasing cars that were seized. I don't have the paper work yet so am relating the information based on a third-party report. The memorandum is considerably stronger now than the one used in that particular instance. In the time we've been researching the Internal Revenue Code, IRS, etc., we've many times had to develop instruments for specific situations, so once we began making the breakthroughs by way of having U.S.C. & CFR resources immediately available, we concluded that it would serve everyone to have an instrument that sets out particulars of law, court decisions, etc., broken into specific categories and articulated in usable form. The memorandum isn't intended as literature -- it's constructed to get as much legal authority as possible in the smallest possible space. The memorandum can be used in administrative or court actions. This was the reason for segregating it from other material and structuring it as it is. In the near future, we will a hard copy evidence package available so the references can be verified by way of exhibits. Another reason for constructing the memorandum is to have an expandable instrument that will accommodate other people's research. We would appreciate having resources that you might think we can use to expand the memorandum. What we already have incorporates some of our original research, but we've been able to work in the findings of many others -- Tim McCrory, Dave Fuller, Ron Wilson, William Cooper, Wayne Bentson, Larry Becraft, Ben Hock, Lindsey Springer, and many others. The object is to make the memorandum something of a repository instrument available to anyone who needs it for personal reasons or who helps others in administrative and other legal forums. Materials on this disk have been modified, expanded, etc., as recently as yesterday. Therefore, there is a limited track record. We constantly adapt instruments we use personally and to assist others as we gain experience with respect to how IRS principals respond to any given initiative. Therefore, don't view any given letter on this disk as a silver bullet. As we gain experience, we will update materials on the disk so it would prudent to check back periodically to see what our experience has been and how we have changed things in response to the way IRS responds. We've been in the IRS/IRC battle since March 1993, and began helping others in about summer 1994. In the time since, we've seen IRS strategy change at least three times, so to the point we have the privilege of hanging locks on the doors for these folks, there probably won't be a silver bullet. IRS initiatives emerge from a core strategy group so it is important to recognize their strategy changes in order to adapt. Obviously, there are mixed signals. On the one hand, IRS began down-sizing and consolidating in the last couple of years, but early this year, field operations turned aggressive as notice letters, etc., began greater emphasis on the potential for criminal prosecution, and there appeared to be more criminal prosecutions. It would seem that those behind the scenes see the handwriting on the wall -- Americans are fed up with government tyranny and they're letting both the bureaucrats and politicians know about it. However, they are in a position of having to defend ground while making the retreat, so the recent surge in IRS aggression may be like Germany's winter offense in December 1944. There may be an amount of desperation. The second front is via United States district courts. This was really the motive behind constructing the memorandum. Federal judges have been ignoring pleadings so something needed to be available that completely defaults IRS and application of the Internal Revenue Code. Information unearthed in the last month to six weeks gives us a leg up on choking the courts with evidence that simply won't digest, particularly when the memorandum is supported with hard copy exhibits entered into record. Early on, I had something of a vision for what I believe will be the coup de grace for IRS and pandering judicial officers: History demonstrates that civil remedies have never ended tyranny. Consequently, my notion of how the contest will end ... when we start locking up IRS people and black-robed bandits, tyranny will end abruptly. This is the reason the administrative appeals strategy drives right back into the IRS system with criminal complaints -- the memorandum demonstrates that the Internal Revenue Code, other titles of the United States Code, and the Code of Federal Regulations preserve due process rights. If a revenue officer didn't have a court order authorizing seizure of something, file a complaint. If one of the darlings doesn't have a properly executed Form 23C authorizing assessment, file a criminal complaint. Stack them up. And as we strengthen evidence that IRS is not an agency of the United States Department of the Treasury, start filing complaints with the county sheriff -- prosecute under state law. This may seem like a slow process, but it's also a numbers game. There's a county sheriff somewhere who will make the arrest. When we successfully prosecute the first time, the floodgates will open. You are welcome to share material on this disk with others, and use the various instruments if you understand them and believe they apply to your situation. However, you do so at your own risk -- we aren't attorneys so our involvement with law is somewhat like the guy who flies by the seat of his pants. If you decide to fly, do so at your own peril. We make every effort to be accurate with cites, interpretations, quotes, etc., but are mere mortals with feet of clay, subject to error in every way. Dan Meador -- April 25, 1996 # # #
Return to Table of Contents