May 29, 2013
"Make no mistake, tax cheaters cheat us all, and the IRS should enforce our laws to the letter."
A quote by former South Dakota U. S. Senator Tom Daschle, a tax cheat extraordinaire that got caught when Barack Obama nominated him for a high-level government position. No, he didn't go to jail and neither did Timothy Geithner, your past Treasury Secretary, another tax cheat. But don't you try it. You will go to jail. The ruling class have immunity, you don't.
Whether you live urban or rural, if the IRS wants you, they will get you. The only thing that you can rely on is that the IRS will operate within the law. If the IRS decides to operate outside of the law, as they did in the targeting of conservative groups for special (and we do mean special) scrutiny for political reasons, then you have no hope of defeating them. They will make up law. They will violate agreements with the taxpayer with reckless abandon. They will say one thing and do another. They will threaten you with no basis in fact or in law. We know. They threatened us with a $5,000 penalty each for my wife and I for what we did on our Income Tax Return that was not illegal under the law. They cited a law which we allegedly violated, but in fact upon searching the law, we did not violate it.
In our response to the IRS we stated this: "Said marital COMMUNITY did not attempt to reduce or eliminate its Federal Tax Liability in signing its Tax Return as alleged. The threat of a $5,000 penalty against said COMMUNITY for submitting its Tax Return the way it did, was nothing more than to “scare” said COMMUNITY into compliance by intimidation, when there was no legal basis for it to comply."
This ladies and gentlemen, is the definition of absolute power that corrupts absolutely. There is no honor or integrity in the IRS, there is just the irrational mindset to collect taxes in any manner they so choose, in or outside of the law. One is reminded of how Kings used to collect taxes. The serfs were left paupers when the King's men came round. Resistance brought instant death
Now some of how taxpayers are treated by the IRS can be laid off to just plain incompetence and everyone knows that there is a lot of that in government. But much of what the taxpayer faces from the IRS today is bullying and brow beating with the sole purpose of rendering taxpayer compliance by any means. In a free country, we should not have to fear the IRS, because fear is a form of slavery.
Here is an example of IRS intimidation, from our own experience:
In one of our years the IRS challenged the way we handled a portion of it and said we owed more taxes. We challenged their allegation and they backed off and sent us a NO TAX DUE letter. The next year they hit us again for the same issue and we challenged them again, stating that there was NO TAX DUE for the same issue raised in the previous year, therefore there could be no tax due in the following year. They rejected our challenge and sent us a Notice of Deficiency saying we had 90 days to file a claim in tax court, or pay up. In response to the Notice of Deficiency we filed a certified - return receipt letter and a legal affidavit telling them we would pay if they responded in writing to 13 conditions as delineated in the affidavit. We gave them 30 days to respond. After 60 days we sent the IRS the following letter (with some redactions). However, before we put in writing what we told the IRS, we make this disclaimer:
"By providing the foregoing and following information, we are in no way attempting to advise or counsel anyone about tax matters, it being the sole purview of the individual taxpayer, the IRS Tax Code and the IRS, or any law the IRS decides to invent, or any group it decides to target for political purposes."
Dear IRS Agent ______________:
The Marital Community (the “COMMUNITY”) served upon IRS Agent ________ by “Certified – Return Receipt Requested”, a letter and accompanying Affidavit (the “AFFIDAVIT”), wherein said COMMUNITY conditionally agreed to the IRS demand to pay additional taxes as required under a Notice of Deficiency, upon receipt of Agent ___________'s responses to the 13 conditions contained in said AFFIDAVIT. Said COMMUNITY never received the IRS signed “return receipt” from Agent ________. In a follow-up letter, said COMMUNITY re-submitted the same letter and AFFIDAVIT that was sent to IRS Agent __________, to you, the above recipient. The return receipt from that C-RRR letter sent to you was received by said COMMUNITY on ______________.
Said COMMUNITY’S letter and legal AFFIDAVIT required that Agent _________ and/or you provide true and correct answers by law to those 13 conditions contained in the AFFIDAVIT within 30 days of receipt, otherwise the IRS would dishonor said COMMUNITY’S legal presentment. Those 30 days have long past with no response from either Agent __________, you, or any other IRS agent.
Under the provisions of the “Uniform Commercial Code” (UCC) and “27 CFR § 72.11”, a non-response to a legal presentment is to dishonor the presentment and proof of acquiescence and therefore the demand in the IRS Notice of Deficiency is rendered null and void by the operation of law.
In over 50 years said COMMUNITY has never failed to file its income tax return, nor has it failed to pay its legally required amount of taxes. However, recent inter-actions with the IRS by said COMMUNITY over the last several years regarding the COMMUNITY’S income tax returns, including what the COMMUNITY considers to be devious, arbitrary and capricious behavior by the IRS, we can only conclude that we are being harassed and intimidated without any foundation of fact or law. Given what is going on in the IRS today with the targeting of Conservative groups by the IRS for special scrutiny for what are obvious political reasons (an unlawful act) and given that we write a weekly Conservative column, we can only assume that we are receiving "special" scrutiny from the IRS for political reasons because of what we write. It is difficult for said COMMUNITY to come to any other conclusion.
Finally, said COMMUNITY reserves all of its rights under the Uniform Commercial Code at UCC I-103 and I-308 and any and all other rights under law or at equity. In addition, said COMMUNITY reserves the right not to be compelled to perform under any contract or commercial agreement that it did not enter knowingly, voluntarily and intentionally.
And further, said COMMUNITY does not accept any liability of the compelled benefit of any unrevealed contract or commercial agreement.
Be advised that said COMMUNITY will hold the IRS to strict compliance with the “IRS Tax Code,” “The Uniform Commercial Code“ (UCC), “The Restructuring and Reform Act of 1998,” the “Fair Debt Collection Practices Act” and “27 CFR § 72.11.”
Ladies and gentlemen, the hard, cold reality is that no matter what government agency a private citizen is doing business, local, state, or federal, they had better know the law as best they can. If you don't know the law, the government agent or employee will try to "snow" you with their knowledge and intimidate you with their power. They will cite laws that don't exist, or don't apply to your situation. They will even lie.
They will exercise their power in an arrogant manner as if you were the slave and they were the master. They will do everything in their power to extract more fees or taxes from you, whether the fees or taxes are lawful or not. If you go into a government agency unprepared, it is a certainty that they will run all over you. If you show ignorance or weakness, you will be at their mercy.
If free Americans have any hope of reclaiming their freedom from this aristocracy that has morphed from our Constitutional Republic, we must create "A Culture of Open Resistance" (see our petition HERE) that ripples like a tidal wave through the fabric of society, a resistance that vigorously but peacefully challenges the prevailing wisdom or the brainwashed mindset of obedience, compliance and loyalty to authority. This brainwashed mindset is called socialism or communism and has happened many times throughout human history, advocated by governments seeking greater control over the people. It happened in Germany twice in the 20th Century with unimaginably tragic consequences. It is happening in all of Europe now and has been happening for decades. Central and South America have been consumed by dictators and despots for centuries, with few exceptions. Many are well beyond the jaws of fascism. It has never stopped happening in Russia and China. Africa may be a lost cause. But far worse, this mindset is now happening in America, once the land of the free. America was supposed to be immune from this shift to socialism and nanny government ..... wasn't it? It appears not!
Are you ready to declare your open peaceful resistance against a government that has lost all allegiance to the U. S. Constitution and to the principles of freedom and liberty, like the IRS, the DOJ, the DOE, the USDA, the EPA, or your local building department? Are you ready to save your country from a government that fully intends to increase its power over the people to the point of absolute power? Are you ready to defend your country against the merging of America into a hopelessly corrupt global government? Are you ready to take back your local government from the influence of the United Nations Agenda 21 policies and the U. S. government that is working in collusion with the United Nations against you? Are you ready to stop the brainwashing and indoctrination of your children in the public school system and our national colleges? Are you ready to work towards a sane national energy policy that works to increase our efficient energy sources for our growing energy needs and stop the subsidizing of alternative energy sources that are inefficient and way too expensive? Will you lean all over the President and Congress to stop rewarding illegal alien lawbreakers with Amnesty? Are you at a point where you will work to repeal Obama care and lobby your legislators for a sane health care solution that recognizes the sanctity of the doctor/patient relationship? Are you ready to draw a line in the sand and defend private property rights from all those who would take those rights from you, or your neighbor? Are you ready to stiffen your back against the rising national debt and deficits and work to stop the profligate spending, at all levels of government? Are you ready to exert your influence on federal policy makers to cut back on foreign aid to despots and dictators, restore America's "Walk Softly But Carry A Big Stick" foreign policy and fully defend our borders against drugs and illegal alien invasion?
If you are ready to do these things and we are sure that at least a few of you are, we strongly urge you to get involved in your local community and start taking control of your community's destiny instead of leaving it up to the arrogant aristocracy. Start with your local school board. Check out the textbooks your kids are reading. You won't believe what you will find there. Take part in county or city council or commissioner meetings. Find out what they are doing. You will be surprised at the decisions they are making and the money they are spending (wasting) because no one is paying attention.
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It is your America folks, unless you willing hand it over to the tyrants that now run it, from the President on down to the smallest bureaucracy. Preserving freedom is hard, but then so is enduring perpetual slavery.
If you would like a copy of our "Citizen Petition Declaring A Culture of Open Resistance Against Government Corruption and Unconstitutional Actions," send us an e-mail at email@example.com with your request. Please include a full name, county and state where you reside. We will not send the petition to a blind e-mail address. A printable version of the Petition, in PDF format, is available HERE.
� 2013 Ron Ewart - All Rights Reserved
Ron Ewart, a nationally known author and speaker on freedom and property issues and author of his weekly column, "In Defense of Rural America", is the President of the National Association of Rural Landowners, (NARLO) a non-profit corporation headquartered in Washington State and dedicated to restoring, maintaining and defending property rights for urban and rural landowners. Mr. Ewart can be reached by e-mail for comment at firstname.lastname@example.org, or by 'phone at 1 800 682-7848.