Forum Replies Created

  • dan04stars

    Member
    March 14, 2006 at 4:15 am in reply to: CA FTB Sacramento Hearing

    😮 Bing,

    I have declared that I am a Non-taxpayer to the FTB and BOE, and I asked them if they have any court order that shows I had my trial by jury and says I am a taxpayer by order of the court, that they will have to show it to me to prove it.

    Are saying that I do not have to refute the FTB's notices of Prosposed assessment or notice of levy, by asking for an appeal hearing? If I don't respond to them isn't that acquiescing to them that I am a taxpayer?

    I also sent them a notice of default for not responding to my statement of facts and declarations of non-taxpayer, no income, no liability. But I still got a notice of intent to levy. Am I just to wait for them to put liens on my home and bank account? Are you saying I should not even try to have any due process hearing?

    I have learned a lot from the books of Family Guardian, Schiff, lynn, joe, PH, Benson. I used what I learned to rebutt these thugs, but there is no stopping them.

    What I really like to do is file lawsuits against these thugs. But I what I am hearing from you and the others is I would have to liquidate my assets to protect them and be ready to run. Would that be the way to fight back? From reading other people's experiences, everyone has been harrassed, abused, threatened and levied, but no one has been able to tell their story that they have truly been able to stop the IRS & FTB successfully by doing something that really works.

    What has worked for you Bing, lambskin or Bruce? Are you now free from the IRS and the state taxing agency where you are?

    I read an article from ICE regarding a case against Meyers vs. CA FTB. The BOE uses his case as precedent to stop all “tax protester” arguments. The BOE said it would be a waste of time and taxpayers money to entertain these “typical or certain type of appeal.” But I was able to get the BOE to grant me an appeals hearing.

    The response letter I got from SEDM for FTB 5830 says in SECTION 5: DEMAND FOR DUE PROCESS HEARING. Is SEDM wrong to put this in the response letter?

    You say to all “do not let you due process rights be denied”, but you say don't go because you think I am weak. Am I wrong to ask for the support from the strong ones?

    Thanks for your time.

    Dan04stars

  • dan04stars

    Member
    March 13, 2006 at 7:19 am in reply to: CA FTB Sacramento Hearing
    lambskin wrote on Mar 11 2006, 11:46 PM:
    Hey Dan,

    Unfortunatrly, I live in Illinois and can't possibly make it but I can give you some advice and the name of somebody who might be able to assist you further.

    Contact Dr. Edwardo Rivera. His web-site is:

    http://www.edrivera.com

    and he might know of somebody in the area that can help you. It's worth a shot.

    My advice is this, don't show up as requested. There's a process available to you that you may not be aware of. It's called an Abatement. What it does is stop their proceedings against you until they can produce a valid claim against you. You'd be turning them into the defendants; they'd hafta defend themselves against you, instead of you defending yourself against them. You can browse around and get all the info you need on the particulars of the process or, if you want, you can PM me and i'll try to cover as much of it as I can with you. Your defense (or offense)is, or would be, “fraud”. This is because you've been coerced, deceived and damaged. If they can't answer your demands, then they lose. 

    One thing is for certain, if you don't know what you're doing when you go into their courtrooms, they'll eat you alive. That's where you'll be going, it's called an “administrative” courtroom, they'll be using “administrative law” and they're usually held in rooms that don't look anything like what you'd expect but it's a courtroom none-the-less. They frequently use these types of courtrooms because it puts the victim at a disadvantage and because studies have shown that the unsuspecting public are more likely to let their guard down when confronted in this type of atmosphere. Obviously, I don't know for sure if this is actually the type of courtroom you'll be dragged into but it's very likely.

    Another thing you need to know is that it doesn't matter what type of courtroom you go into because they base their authority over you on “jurisdiction” and once you've entered their jurisdiction, the “administrative law” jurisdiction, then they can do just about whatever they want with you and it's usually not very pleasant, let-alone legal. If you want to stay out of their jurisdiction then you can't enter their “court”. The “court” is not the courtroom or the judge or any thing or anybody in the room but it's what's written on the paperwork. That's their “court”, kinda like when you go and play B-ball in another neighborhood; you'd be on their “court” and you'd hafta play by their rules. But if they were to come and play with you, they'd be in your “court”, playing by your rules; which is a whole 'nother ballgame.

    That's essentially what the abatement process does; it takes them outta their “court” (their paperwork) and makes them play in your “court” (your paperwork). Needless to say, they're not gonna like that and they're gonna do everything they can to discourage you from using your “court” or your paperwork and that includes lying to you, telling you that “you can't do that”, threatening you with jail, contempt of court, seizure of your property, garnishing your wages or any other possible activity you can think of that will get you to cave-in to their demands.

    So, if your gonna play, you better be prepared to play rough because that's the only game these guys know how to play. You've gotta learn the meaning of the word “NO”, mean it when you say it, use it profusely and know how to back it up when you do. And if things get bad enough, if push-comes-to-shove and it's lookin' like you could be in danger of being tossed in the slammer or having your possessions seized, you've gotta be ready to pick-up and re-locate in a heartbeat.

    That's just part of the game.

    I'm not saying any of that is definitely going to happen but it could. It sounds  like your more of the type that they'd rather not bother too much with though, like me, too broke with nothing of any real value (except to you or I). They usually don't bother with guys like us but that doesn't prevent them from tryin' to toss us behind bars. If you've read anything or know what that means to them, as far as running-up a debt to them goes, then you know why I say it'd be best to pack-up and leave.

    Grace and peace against the beast,

    Lambskin

    [post=”2375″][/post]

    Hi Lambskin,

    thanks for your advice. I am already past the admintrative process. The CA FTB sent me a determination of Notice of their proposed Assessment after I tried to pin them to answer the questions I sent to them and to refute the statement of facts I declared to them which they did not refute at all, in my telephone hearing with the Appeals officer. So I appealed to the Board of Equalization to hear my case. The BOE notified the CA FTB and the CA FTB Tax counsel submitted an opening brief to the BOE and I rebutted it. Now they granted me face to face hearing where I get to speak for 10 minutes and the CA FTB rebutts my statement. Since this will be my first FTF meeting I wanted to ask for other peoples support.

    Now your statement says not to go to the appeals hearing. Is your advice only if it is still in the administrative stage or for any stage?

    Please send me more information about the ABATEMENT process and how to do it.

    Thanks.

    Dan04stars

  • dan04stars

    Member
    March 13, 2006 at 7:03 am in reply to: CA FTB Sacramento Hearing
    lambskin wrote on Mar 11 2006, 11:46 PM:
    Hey Dan,

    Unfortunatrly, I live in Illinois and can't possibly make it but I can give you some advice and the name of somebody who might be able to assist you further.

    Contact Dr. Edwardo Rivera. His web-site is:

    http://www.edrivera.com

    and he might know of somebody in the area that can help you. It's worth a shot.

    My advice is this, don't show up as requested. There's a process available to you that you may not be aware of. It's called an Abatement. What it does is stop their proceedings against you until they can produce a valid claim against you. You'd be turning them into the defendants; they'd hafta defend themselves against you, instead of you defending yourself against them. You can browse around and get all the info you need on the particulars of the process or, if you want, you can PM me and i'll try to cover as much of it as I can with you. Your defense (or offense)is, or would be, “fraud”. This is because you've been coerced, deceived and damaged. If they can't answer your demands, then they lose. 

    One thing is for certain, if you don't know what you're doing when you go into their courtrooms, they'll eat you alive. That's where you'll be going, it's called an “administrative” courtroom, they'll be using “administrative law” and they're usually held in rooms that don't look anything like what you'd expect but it's a courtroom none-the-less. They frequently use these types of courtrooms because it puts the victim at a disadvantage and because studies have shown that the unsuspecting public are more likely to let their guard down when confronted in this type of atmosphere. Obviously, I don't know for sure if this is actually the type of courtroom you'll be dragged into but it's very likely.

    Another thing you need to know is that it doesn't matter what type of courtroom you go into because they base their authority over you on “jurisdiction” and once you've entered their jurisdiction, the “administrative law” jurisdiction, then they can do just about whatever they want with you and it's usually not very pleasant, let-alone legal. If you want to stay out of their jurisdiction then you can't enter their “court”. The “court” is not the courtroom or the judge or any thing or anybody in the room but it's what's written on the paperwork. That's their “court”, kinda like when you go and play B-ball in another neighborhood; you'd be on their “court” and you'd hafta play by their rules. But if they were to come and play with you, they'd be in your “court”, playing by your rules; which is a whole 'nother ballgame.

    That's essentially what the abatement process does; it takes them outta their “court” (their paperwork) and makes them play in your “court” (your paperwork). Needless to say, they're not gonna like that and they're gonna do everything they can to discourage you from using your “court” or your paperwork and that includes lying to you, telling you that “you can't do that”, threatening you with jail, contempt of court, seizure of your property, garnishing your wages or any other possible activity you can think of that will get you to cave-in to their demands.

    So, if your gonna play, you better be prepared to play rough because that's the only game these guys know how to play. You've gotta learn the meaning of the word “NO”, mean it when you say it, use it profusely and know how to back it up when you do. And if things get bad enough, if push-comes-to-shove and it's lookin' like you could be in danger of being tossed in the slammer or having your possessions seized, you've gotta be ready to pick-up and re-locate in a heartbeat.

    That's just part of the game.

    I'm not saying any of that is definitely going to happen but it could. It sounds  like your more of the type that they'd rather not bother too much with though, like me, too broke with nothing of any real value (except to you or I). They usually don't bother with guys like us but that doesn't prevent them from tryin' to toss us behind bars. If you've read anything or know what that means to them, as far as running-up a debt to them goes, then you know why I say it'd be best to pack-up and leave.

    Grace and peace against the beast,

    Lambskin

    [post=”2375″][/post]
  • dan04stars

    Member
    March 13, 2006 at 6:33 am in reply to: CA FTB Sacramento Hearing

    Bruce,

    I have read The Great IRS Hoax book, about 50% of it. I have the tax solutions manual and I have used SEDM documents to refute the CA FTB Notice of proposed Assessment FTB 5830. The FTB sent me a Notice of Determination and I appealed to BOE. The CA FTB Tax counsel has submitted an Opening Brief and I was given a chance to submit a rebuttal. My appeal has gone up to the Board of Equalization, and this will be my first face to face hearing. It would boost my confidence to speak infront of the BOE if someone would be beside me for support, or even do an oral presentation of my position and others as a Non-Taxpayer, non-resident alien, American citizen, and why we know and beleive we are not required to file and pay alleged income taxes. As a newbie in the forum, I understand why people are afraid or hesitate to communicate because of the government spies on the internet. But I thought of the saying “there is strength in numbers” but if it so happens I pick up a spy, I'm dead. So maybe this isn't such a good idea after all.

    Just pray for me that I don't become another statistic of losing the battle against these thugs. Aargh!!!!!

    Thanks for your reply.

    Dan04stars