December 4, 2013
"Let them hate, as long as they fear me." -Caligula, Emperor of Rome, 37 AD to 41 AD
Many of our readers are aware of our battle with the IRS as a conservative author, not unlike the Conservative organizations that were targeted by the IRS for political purposes and from all appearances that targeting came at the direction of the Obama White House in an illegal and corrupt move to control the outcome of the 2012 presidential election.
For the last three years we have fought with the IRS, one battle after another. We have won two of those battles and are reaching a climax with the third. They haven't let up and they have literally barraged us with letters and demands from seven (7) different IRS offices: Holtsville, NY; Atlanta, GA; Memphis, TN; Ogden, UT, Kansas City, KS; Fresno, CA; and the last one from Cincinnati, OH, the very same office that targeted Conservatives before the 2012 election.
Finally, they sent us a letter dated November 15th, giving us 30 days to pay up an illegal $10,000 penalty assessment, plus interest, or they will start seizing assets. In our response to the IRS we said this: "The IRS engages in collusion between multiple IRS offices and agents, in a pattern and premeditated strategy to confuse, abuse, harass and intimidate a taxpayer, with malice." (see our letter below)
Ladies and gentlemen, we will not be bullied by an out-of-control government agency, including the IRS, and have issued them our own ultimatum with a "Notice of Intent To Sue the IRS." In the hopes that we will inspire others to take on the IRS, we have published our most recent letter to them that includes the "Notice to Sue". It is also published on our IRS information website.
If you are having difficulties with the IRS, there is a wealth of information on the "Attack Watch Spies" website. You owe it to yourself to visit this site. As more information comes in about the IRS and is vetted, we add it to the website.
The reason Americans are under the government's gun right now is, so few Americans will challenge the government with an offense strategy, because they fear the government. If you fear the government, including the IRS, they own you. We are beginning to wonder if Americans have become so chicken-hearted that they don't have the backbone to fight anymore?
When you use the IRS methods of disputing IRS demands, you fall into their trap and are at their mercy. The IRS can be beaten with the law, especially when they are wrong and they are wrong in thousands of cases they prosecute against taxpayers. Out of fear, taxpayers just roll over and capitulate. Fear is exactly how the young Emperor Caligula brutally ruled Rome and the Roman Senate. No one was safe from the sword of Caligula, including the Rome Senators. How soon will America and Americans be ruled by the sword, or are we already?
If you do not fear the IRS, we encourage you to read this "Angry Warning To Obama's IRS" and share it with others you know, all over America. Stand up America, or be herded like sheep and cattle. We're fighting government abuse and corruption! Hopefully, we won't have to fight alone and pay the price of a martyr.
Our Certified - Return Receipt Requested response to IRS Chief Counsel, William Wilkins, an Obama appointee, regarding their demand for payment, appears below.
CERTIFIED – RETURN RECEIPT REQUESTED
November 27, 2013
IRS Chief Counsel
1111 Constitution Ave, NW
Washington, DC 20224
cc: Mr. Jack Lew, U. S. Treasury Secretary; Mr. Daniel Werfer, Acting IRS Commissioner; IRS District Directors for Ogden, UT; Holtsville, NY; Cincinnati, OH; Atlanta, GA; Fresno, CA; Memphis, TN; Kansas City, KS; IRS Agent Layne Carver, Ogden, UT; select U. S. House Representatives and U. S. Senators by fax; special copies with cover letters to Daryl Issa, Chairman, House Oversight and Government Reform Committee; Max Baucus, Chairman U. S. Senate Finance Committee; to TV correspondents and news anchors by Twitter; by copies to the editors and publishers of major American Newspapers; along with copies to my national reading audience.
Form 1040 - C/Y 2011
IRS Final Notice of Intent to Levy & Notice of Right to Hearing, dated 11/15/13
Said Final Notice Received by the undersigned on 11/20/13
NOTICE OF INTENT TO SUE THE INTERNAL REVENUE SERVICE
Dear Chief IRS Counsel Wilkins:
I, the undersigned, acting with full legal authority for and on behalf of the marital community of Ronald W. and Nancy J. Ewart, husband and wife for 51 years, acknowledge receipt of the above referenced UNSIGNED "IRS Final Notice of Intent to Levy and Notice of Right to Hearing dated 11/15/13 Presentment" (the "NOTICE"). [copy attached] Please be advised that I reserve all of my rights under the Uniform Commercial Code at UCC I-103 and I-308 and any and all other rights under law or at equity for and on behalf of said marital community. I further reserve the right not to be compelled to perform under any contract or commercial agreement that I did not enter knowingly, voluntarily and intentionally. And further, I do not accept any liability of the compelled benefit of any unrevealed contract or commercial agreement.
The first line of said referenced NOTICE Chief Counsel Wilkins, says this: "We’ve written to you before asking you to contact us about your overdue taxes. You haven’t responded or paid the amounts you owe." This of course, is a blatant lie because I have responded to the IRS about the alleged infraction that created the bogus $10,000 penalty assessment against my wife and I, at least 10 times since mid February of 2013. I have Return Receipts for every single letter I sent to the IRS. My responses have included legal affidavits that the IRS has totally ignored and by such lack of response, have acquiesced to IRS demands, rendering said demands null and void by law, which law the IRS chooses to willfully ignore.
I have now been barraged with letters and demands from seven different IRS locations from Holtsville, Ogden, Fresno, Atlanta, Memphis, Kansas City and now Cincinnati, regarding my Calendar-Year 2011 Return. This is harassment and intended intimidation by any definition and has resulted in an intentional infliction of emotional stress on my wife and I.
I do not intend to appeal this bogus assessment because the assessment is illegal. If it were a legal debt, the IRS would be required to collect it through the state court of the state in which I reside. Instead, I will file suit against the IRS in U. S. District Court, Western District of Washington, IF, the IRS moves to seize ANY of the marital community’s assets by any means, or files a lien notice with the three (3) credit reporting agencies, which ever occurs first. I have already put my bank on notice that if they authorize any seizing of my bank accounts without a full and properly signed legal authority from the IRS, I will sue them as well.
I possess all the elements of a successful case against the IRS: The draft COMPLAINT is completed and ready to file, with only a few minor revisions.
I have standing.
2. I will have no difficulty in establishing jurisdiction in the U. S. District Court and I am very familiar with the Federal Rules of Civil Procedure.
3. I have at least 10 causes of action and they are not frivolous, they are real. I’m working on more.
4. My damages are in evidence with more to come, depending on what the IRS does.
5. My evidence of the IRS ignoring the law, ignoring all of my C-RRR letters, harassment, fraud, abuse and intentional infliction of emotional stress, is irrefutable. The IRS engages in collusion between multiple IRS offices and agents, in a pattern and premeditated strategy to confuse, abuse, harass and intimidate a taxpayer, with malice.
6. My significant actual and punitive remedies are commensurate with the damages inflicted upon my wife and I, by an out-of-control, rogue government agency.
My lawsuit will be filed against you and the following other defendants personally; the IRS District Directors of Holtsville, Cincinnati, Ogden and Fresno, along with IRS Agent Layne Carver of Ogden, UT and Daniel Werfer, Acting IRS Commissioner. In discovery, I will file several Interrogatories on each defendant. The IRS will spend many more thousands of dollars and hundreds of man hours, than the $10,000 the IRS is trying to extort from my wife and I for an illegal assessment, that isn’t a tax by the way as stated in the above referenced NOTICE. On the other hand, my expenditures will be well under $1,000, in addition to my time, for which I will devote with relish. If I win on just one of my causes of action, I win, with the potential of a much wider precedent.
In addition, as a conservative national author, I will share all details of my lawsuit with my extended national audience that reads my weekly column. Because it is the IRS, more readers will want to read them.
Should my lawsuit reach the jury stage, which I doubt, by the time I am done with them, they will be eating out of my hand, especially since the revelation of the IRS illegally targeting conservative organizations for political purposes.
But that’s OK. If the IRS wants to stand up before a jury of MY peers and try to prove to that jury that I owe $10,000 to the IRS for an illegal penalty assessment, after the IRS waived their right to make the assessment by ignoring my legal affidavit, with all of the evidence I have at my disposal, be my guest. Don't forget what happened with the jury in the celebrated Tom Cryor case.
As an offer of "Settlement in Lieu" I will accept a $10,000.00 payment from the IRS for the pain, suffering and harassment the IRS has inflicted on my wife and I, regarding a Form 1040 technical issue, to which I legally responded.
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However, until this issue is resolved to my satisfaction, I will pay no more taxes to the IRS. I will take the amount of any taxes due and put them into a special account, (not a bank) to be paid out when the IRS withdraws, terminates and cancels the $10,000 penalty assessment against my wife and I, and removes all notices against my credit, OR, my court case receives a judicial decree, one way or the other. I have already set aside the amount of taxes due for Calendar-Year 2012.
Instead of coming after me Chief Counsel Wilkins, a law-abiding citizen for 76 years, for an illegal $10,000 penalty assessment, why doesn’t the IRS go after the $3.6 Billion that it gave away to identity thieves in foreign countries? Why doesn’t the IRS go after the $67,000,000 of the Obama Health Care implementation money it lost? Why doesn’t the IRS go after the $46,000,000 it paid out to the 23,000 illegal aliens at one address in Florida?
should the IRS be successful in seizing any one or more of the marital
community’s assets, in addition to my lawsuit, I will set about
to retrieve every single dollar, or value of asset taken by the IRS, by
farming all federal government assistance programs and I will take from
the government 10 times more than it will have taken from me.
Without Prejudice under UCC I-308
Ronald W. Ewart, pro se
Intelligent responses to this article and our letter to the IRS, are welcome.
© 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.