Sure.

The cite is United States v. Malinokski, 472 F.2d 850 (1973).

Also, if you want to get a clear perspective on just how incredibly corrupted the IRS and DOJ really are, check out:

http://www.usdoj.gov/tax/readingroom/criminal/taxc11.htm

This will give you great insight as to how these liars think and operate. But other than that, ignore their drivel because it is full of lies.

Good luck.

Bing

Nah, one should not waste their time or money copying US supremne Court cases. Let the corrupt IRS attorneys look the cases up for themselves. It will give them something to do.

As far as attaching IRC exhibits or CFR exhibits or other documentary evidence, by all means, do that. And one may also want to, hypothetically speaking, make reference in the body of the letter or affidavit, that “attached hereto and incorporated herein, are exhibits numbered 1 (one) through XX, inclusive.”

This way, by alluding to the enclosed numbered exhibits in one's letter, it makes it that much more difficult for the lying and corrupt IRS to assert that they did not receive exhibits such-and-such.

Oh, BTW, the USPS is closed on Monday. 😛

Good luck.

Bing

JWR, stay strong and keep fighting.

One should not talk to the IRS on the phone. Do everything in writing.

This post is NOT legal advice and I am not a licensed attorney, so I don't give legal advice.

Hypothetically speaking, if one wanted to, it is certainly possible to bypass all of the IRS Collection employees, and take one's legitimate concerns right to the IRS's top lawyers in Washington, DC.

I personally beleive that if more Americans bypassed the local IRS Offices and took their legitimate concerns right to the top of the IRS food-chain, it would put enormous pressure. Not only that, done correctly, by writing to the IRS's top lawyers, the letter writer is also educating the IRS attorney to the Truth. And that could result in higher-turnover and cause disorganization and possibly in-fighting within the IRS' top ranks.

One could, I imagine, address their letter to IRS Deputy Chief Counsel (Technical), Nicholas J DeNovio, and then send notorized originals to other IRS senior employees, like, Nick's boss, Donald L. Korb, IRS Chief Counsel; Donald T. Rocen, Acting Deputy Chief Counsel (Operations); Mark Matthews, IRS Deputy Commissioner, Services & Enforcement, and, also to the IRS National Director of Collections in Atlanta (it was Linda Stiff, but she was recently promoted, I am unsure if a replacement has been hired).

As a general rule, by sending notorized originals to 6 or 7 of the IRS 's top lawyers, one puts them all on official notice. So that down the road, if the IRS were ever to come after a letter writer, one's fall back position can be that one repeatedly sought technical guidance from the IRS's senior lawyers and the IRS failed to reply to one's questions.

One should consider stating their facts and good faith beliefs and invite the IRS's attorneys to correct and disprove the facts and the evidence.

To further show good faith, confess to the IRS that one wants to pay the income taxes that are legally imposed upon American Citizens, but that one is having difficulty identifying the enacted statute and implementing regulation that makes one liable. Ask the IRS to reveal the enacted statute and implementing regulation that requires American Citizen to pay income taxes.

Also, one could advise the IRS that unless the IRS disproves the facts in the letter, one will presume that the facts are correct and True and that American Citizens do not have a legal requirement to pay income taxes to the IRS.

One needs to do a strong job putting the IRS on the defensive.

Bing

FIDDO, Ugghhh. I feel for ya, man.

Hang in there.

I am not a lawyer and this post is not legal advice. If you want legal advice, you should consider seeking the counsel of a licensed attorney who can speak for you.

The IRS's threat to issue a “lock-in” letter is very real because they do it quite often.

However, the IRS is acting unlawfully when they interfere with your contractual relationship with the firm for whom you work, and you need to confront both the IRS and your company on it, by relying upon the facts and the law.

Have you read the Malinowski court case that I cited in this thread up above? If not, why not? How much of what I suggested in this thread, have you completed?

Second, you need to prove to your company that the US supreme Court has ruled repeatedly, that the American People have an unalienable right and a constitutional right to pursue their personal Liberty and personal Happiness, by earning a living.

Next, you need to tie those rulings directly into the US supreme Court's ruling which stipulates that the government may NOT tax the exercise of an constitutional right.

Then get the evidence from other supreme court decisions, that proves that federal officials must obey the federal constitution.

Fifth, put the IRS on the defensive and ask them to prove that they have the delegated authority to communicate with your company and interfere with your contractual relations. Again, apply the US supreme Court case that says that you have the right to question their lawful authority. Tell them you are concerned because the IRS is not listed as a lawfully established organizational unit within the USG per 31 USC 301-309. And this fact was corroborated by the US supreme Court in footnote 23 of Chrysler v. Brown.

Use 26 USC and go to Subtitle F, Enforcement, Chapters 60-80, which deals with the IRS enforcement authority. And cross reference directly to the Parrallel Table of Authorities and Rules. And by doing this it will reveal that there are no implementing regulations in 26 CFR, for most of Subtitle F of 26 USC, or else the ones that do exist, apply to 27 CFR, and not 26 CFR.

And after you do that, link directly to 1 CFR 21.21 [c], and point out the fact that the IRS is not permitted to cross reference to the regulations of another federal agency. In other words, 26 USC Enforcement Regs are cross referenced to 27 CFR, which deals with alcohol and tobaccy.

I strongly recommend that you visit sedm.org and peruse their offerings and consider making a donation to sedm.org ministry.

Bottom line, there are tons of US supreme Court cases which you can and should be relying upon, to make your case. Study the Hoax book. Family Guardian has put everything right in there. Apply what you know. Be relentless.

Do not give up.

You have to get in the habit of putting things in writing. Talking to company clerks is useless because they are brainwashed.

And if none of that stuff works, then maybe you might want to consider hiring someone like me, who has extensive experience dealing with complex tax matters. 😀

Good luck.

With the exception of Brian Rookard, who is intelligent in his own special way, and similar IRS shills, who are far less so, the Family Guardian Discussion Forums “includes” some of the brightest minds ever to post on any interent discussion board in the world. 😆

Bing

Stated another way, one is not required to reveal their Social Security Number on their USA Passport Application because, there is no Implementing Regulation in 26 CFR that corresponds to 26 USC 6039.

And, we know from the US supreme Court's rulings in California Banking Association v. Schultz and in U.S. v. Mersky, that an alleged law that does not have a corresponding implementing regulation, does not have the force of law and may be ignored by the American People.

As most here already know, so-called “laws” that lack the required implementing regulations, do not grant the government agency or bureau the lawful authority to do anything, most especially to fine a Citizen for alleged non-compliance.

Bing

The first year I stopped filing income tax returns, was well more than 10+ years ago, long before WTP came into being. I had heard of Irwin Schiff back then, but did not then, and I still don't today, agree with his “zero income tax” filing strategy, even though his numerous clients have had considerable success with it. My approach is that the Internal Revenue Code applies to taxpayers, it does not apply to nontaxpayers such as myself. Thus, I have no desire to make and sign a “zero-income” tax return.

Throughout a great part of the 1990s up through the present, I was obsessed with educating myself about the nature and extent of my unalienable rights and my constitutional rights, and I spent literally, thousands of hours reading and studying US supreme Court decisions and the Organic Laws of the USA. A few months after it went live, I discovered the Family Guardian website, and, well, I obtained a phenomenal education by reading The Great IRS Hoax” book and studying the contents of this website.

I am still learning.

I am quite confident that there is not a tax attorney in the country, including IRS attorneys, who can B/S me or defeat me in a debate about the issue of income taxes and the voluntary nature of the income tax system.

Freedom and personal Liberty are wonderful.

The End.

Bing

Sonik, great insights. 🙂 I concur in part and I dissent in part.

I have not yet read the 9th Circut's ruling, but on principle, I vehemently disagree with their ruling because, if my hunch is right, the government has yet again failed to disprove which elements of Schiff's theses is false.

The USG FAILED to carry their burden of proof.

Sonik, if I were to accept your arguement as being true, then, presumably, if I were to sell photocopies of US supreme Court opinions, like, for instance, Flora v. United States, wherein the Court ruled that “Our tax system is based upon voluntary self-assessment and payment, not distraint.” Then, does my selling these opinions, which, following the court's and the USG logic, are “false and misleading”, entitle the government to enjoin me from earning a living by selling non-copyrightable US supreme Court opinions?

Bing