Results 1 to 10 of 73

Thread: I received a 3176C 'frivolous letter' for 2013 1040x Amended return with LM demand

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1
    Senior Member Michael Joseph's Avatar
    Join Date
    Mar 2011
    Location
    peaceful inhabitant on the Earth
    Posts
    1,596
    Quote Originally Posted by itsmymoney View Post
    Michael,

    Thank you for responding so quickly.

    I read 'Beard', and have before but it was a good refresher.

    The 1040x did not zero-out all tax liability. I simply stated a LM negative offset in column B (Net Change) on Line 1 which is the 'Adjusted Gross Income' line. I was left with a tax liability but much less than the original. Perhaps you can clarify your comment "Before you say I did not file a zero return do yourself a favor and go read the foregoing."

    The 1040x does not have a 'Line 21' to enter the LM negative offset, therefore I stated the offset on Line 1. Now there is a Line 7 'credits' and a Line 10 'other taxes' but they do not appear to apply to the LM deduction. I also did not think it prudent to place the offset in Line 2 (itemized deductions or standard deduction).

    Frankly, when I decided to send an amended LM return I was hesitant to do so given my history we these criminals. So now I need the proper strategy and responses to avert this.
    You are welcome.

    I am familiar with the tact. I have never used it but can see it has value for one who understand what he is doing. Also see US v Rifen. Read Beard carefully. Remember at common law I can prosecute from my court - with two "good faith" notices and silence I have my judgement - I only need enforcement. Read between the lines and you will see without me telling you.

    Clarification on statement: I know you did not file a zero return...that does not matter one bit to the argument of friv filing. Myself I just called a couple of times got a very nice lady on the phone and talked her thru the agencies mistake. I have posted extensively in these forums concerning the fact that the front line people are mostly ignorant. Treat them nicely and they will return the favor. Remember the call is being recorded - that is a good thing. Especially if a MISTAKE has occurred.

    As for my part, I did not wait, I called immediately. Of course I could not accept their notice so I wrote them a letter thanking them for their good faith notice but kindly refusing on the cause of the incorrect presumption of obligation.

    The trustee is ALWAYS presumed guilty and must prove his/her innocence. The creator of the use [CQU] is making a demand for return of ledger upon a "presumed trustee".

    Again, I don't follow the tact used in this return - i can see its merits but I can't understand it and therefore I don't use what I don't comprehend and can't understand. I keep it very simple. I look forward to the day when i can have a face to face sit down with one of their agents - I was attempting to gain such an audience but alas they wanted to just talk to me on the phone.

    1. If you read Beard what was faulty concerning the argument?
    2. In US v. Rifen what is faulty concerning that argument?

    United States v. Rickman, 638 F.2d 182, 184 (10th Cir. 1980) – the court affirmed the conviction for willfully failing to file a return and rejected the taxpayer’s argument that “the Federal Reserve Notes in which he was paid were not lawful money within the meaning of Art. 1, § 8, United States Constitution.”

    3. Can you point out the flaw in RICKMAN's argument?


    Regards,
    MJ
    Last edited by Michael Joseph; 04-21-15 at 03:03 PM.
    The blessing is in the hand of the doer. Faith absent deeds is dead.

    Lawful Money Trust Website

    Divine Mind Community Call - Sundays 8pm EST

    ONE man or woman can make a difference!

  2. #2
    Senior Member
    Join Date
    Jan 2013
    Location
    in an intended free America
    Posts
    100
    Quote Originally Posted by Michael Joseph View Post
    You are welcome.

    I am familiar with the tact. I have never used it but can see it has value for one who understand what he is doing. Also see US v Rifen. Read Beard carefully. Remember at common law I can prosecute from my court - with two "good faith" notices and silence I have my judgement - I only need enforcement. Read between the lines and you will see without me telling you.

    Clarification on statement: I know you did not file a zero return...that does not matter one bit to the argument of friv filing. Myself I just called a couple of times got a very nice lady on the phone and talked her thru the agencies mistake. I have posted extensively in these forums concerning the fact that the front line people are mostly ignorant. Treat them nicely and they will return the favor. Remember the call is being recorded - that is a good thing. Especially if a MISTAKE has occurred.

    As for my part, I did not wait, I called immediately. Of course I could not accept their notice so I wrote them a letter thanking them for their good faith notice but kindly refusing on the cause of the incorrect presumption of obligation.

    The trustee is ALWAYS presumed guilty and must prove his/her innocence. The creator of the use [CQU] is making a demand for return of ledger upon a "presumed trustee".

    Again, I don't follow the tact used in this return - i can see its merits but I can't understand it and therefore I don't use what I don't comprehend and can't understand. I keep it very simple. I look forward to the day when i can have a face to face sit down with one of their agents - I was attempting to gain such an audience but alas they wanted to just talk to me on the phone.

    1. If you read Beard what was faulty concerning the argument?
    2. In US v. Rifen what is faulty concerning that argument?

    United States v. Rickman, 638 F.2d 182, 184 (10th Cir. 1980) – the court affirmed the conviction for willfully failing to file a return and rejected the taxpayer’s argument that “the Federal Reserve Notes in which he was paid were not lawful money within the meaning of Art. 1, § 8, United States Constitution.”

    3. Can you point out the flaw in RICKMAN's argument?


    Regards,
    MJ

    Michael,

    Quite the challenge you have posed! I accept. I am particularly interested in the 'prosecute my court' common-law tact. I relish going to the Courthouse or County-Recorder to file the proper documents. I am also considering a deny, deny, deny, 'no contest' response; which, perhaps can be a 'last resort' to what you have proposed here or in conjunction with said tact.

    I will read the cited cases (I just mentioned RICKMAN to a suitor yesterday) and get back in a day or two with hopefully some good answers to your questions. If I can't find examples/procedures on that common-law 'prosecution' option perhaps you or someone can point me in the right direction. This battle I'm in is really a battle for everyone who is redeeming lawful money - and for reclaiming our rights.

    Grateful for your involvement and for sharing your knowledge.
    imm

  3. #3
    Senior Member Michael Joseph's Avatar
    Join Date
    Mar 2011
    Location
    peaceful inhabitant on the Earth
    Posts
    1,596
    Quote Originally Posted by itsmymoney View Post
    Michael,

    Quite the challenge you have posed! I accept. I am particularly interested in the 'prosecute my court' common-law tact. I relish going to the Courthouse or County-Recorder to file the proper documents. I am also considering a deny, deny, deny, 'no contest' response; which, perhaps can be a 'last resort' to what you have proposed here or in conjunction with said tact.

    Grateful for your involvement and for sharing your knowledge.
    imm
    You are welcome. If you will realize it then you will see that the agency is prosecuting from common law. It is a battle field of words and like Carl JUNG said when men have been reduced to statistical units then it matters not where in the ladder of statehood men or women act they are bound by their own fictions. So then we are talking about an account.

    The promised land is everywhere - the chief shepherd has defaulted and therefore a resulting trust exists for those who understand and have honor enough to pick it up and go in and TAKE DOMINION. Nevertheless the international corporation exists today in Statehood - but who will understand the State? Will it be insurance? Perhaps the bottom of the keel needs insurance - Bottomry. But who will understand the accounts that understand the insurance accounts? Where is the value that understands the value? Whereof is origins? Think and you will find it.

    You can feel free to jump in on the circle anytime you want. When you begin to see you rise above it all and it cannot bind you anymore. For how much insurance is enough? Accidentally kill someone and you will see you can never have enough. Therefore the ship of state has leaks.

    Noah go build your ark and find rest. Those looking for some boat are lost - they "miss the boat" literally and figuratively.

    I sit on a Board of Trustees managing the operations of a local farm. We created "veggie bucks" in order to trade within our private law boundary - but said bucks are bearer bonds - redeemable in real substance upon demand and exchange - those bucks might even one day be able to buy equity in the avails produced by the farm. Moo.

    Nevertheless if you have a valid claim will you prosecute upon your claim or will you allow some numbskull clerk to print some "form letter" and remove you from your birth right? You decide.

    For what can one man do? One man can change the world. One man can build a castle IF he gets up every day and goes to work! My word assures my ship of state!

    Understand capacity. In one capacity you pledge your faith and credit. In another capacity you are reduced to a mere business man within the confines of corporate boundary. Who made Who? The constituted State is a wonderful fiction as long as the individual is free to express his/her gifts. When the "mean" becomes the norm then the "mass" is nothing but a scientific statical average. A blur of humanity serving a COMPUTER.



    With best regards,
    MJ
    Last edited by Michael Joseph; 04-22-15 at 05:53 PM.
    The blessing is in the hand of the doer. Faith absent deeds is dead.

    Lawful Money Trust Website

    Divine Mind Community Call - Sundays 8pm EST

    ONE man or woman can make a difference!

  4. #4
    Senior Member
    Join Date
    Jan 2013
    Location
    in an intended free America
    Posts
    100
    Quote Originally Posted by Michael Joseph View Post
    You are welcome.

    I am familiar with the tact. I have never used it but can see it has value for one who understand what he is doing. Also see US v Rifen. Read Beard carefully. Remember at common law I can prosecute from my court - with two "good faith" notices and silence I have my judgement - I only need enforcement. Read between the lines and you will see without me telling you.

    Clarification on statement: I know you did not file a zero return...that does not matter one bit to the argument of friv filing. Myself I just called a couple of times got a very nice lady on the phone and talked her thru the agencies mistake. I have posted extensively in these forums concerning the fact that the front line people are mostly ignorant. Treat them nicely and they will return the favor. Remember the call is being recorded - that is a good thing. Especially if a MISTAKE has occurred.

    As for my part, I did not wait, I called immediately. Of course I could not accept their notice so I wrote them a letter thanking them for their good faith notice but kindly refusing on the cause of the incorrect presumption of obligation.

    The trustee is ALWAYS presumed guilty and must prove his/her innocence. The creator of the use [CQU] is making a demand for return of ledger upon a "presumed trustee".

    Again, I don't follow the tact used in this return - i can see its merits but I can't understand it and therefore I don't use what I don't comprehend and can't understand. I keep it very simple. I look forward to the day when i can have a face to face sit down with one of their agents - I was attempting to gain such an audience but alas they wanted to just talk to me on the phone.

    1. If you read Beard what was faulty concerning the argument?
    2. In US v. Rifen what is faulty concerning that argument?

    United States v. Rickman, 638 F.2d 182, 184 (10th Cir. 1980) – the court affirmed the conviction for willfully failing to file a return and rejected the taxpayer’s argument that “the Federal Reserve Notes in which he was paid were not lawful money within the meaning of Art. 1, § 8, United States Constitution.”

    3. Can you point out the flaw in RICKMAN's argument?


    Regards,
    MJ

    MJ,

    I would like to respond in part here, specifically for number 2. ...

    2. In US v. Rifen what is faulty concerning that argument?

    The argument...

    Rifen testified as to his belief that federal reserve notes are not authorized by the United States Constitution because they are not redeemable in specie, and are therefore not subject to taxation
    The law as disclosed by the judge himself...

    No such evidence was necessary. Congress has declared federal reserve notes legal tender, 31 U.S.C. § 392, and federal reserve notes are taxable dollars.
    So 'federal reserve notes' THEMSELVES are 'taxable dollars'. Did the judge really say that, on the record?!!!!!! In other words, Rifen's "wages" (i.e. pay, though "statutory" in that respect) were in the form of FRN's therefore 'taxable dollars'.

    Basically the judge is saying that the tax was/is SOLELY on the use of FRN's..."federal reserve notes are taxable dollars."

    Rifen's argument is faulty because he was arguing 'form of payment', not 'redemption of payment'. He did not have the option of specie (gold, silver), but he DID have the option to redeem in lawful money in the form of U.S. Notes - but he mentioned nothing in that respect.

    That's how I'm seeing it. Would like your comments, MJ. Thanks.
    Last edited by itsmymoney; 04-24-15 at 11:25 PM.

  5. #5
    Senior Member Michael Joseph's Avatar
    Join Date
    Mar 2011
    Location
    peaceful inhabitant on the Earth
    Posts
    1,596
    Quote Originally Posted by itsmymoney View Post
    MJ,

    I would like to respond in part here, specifically for number 2. ...

    2. In US v. Rifen what is faulty concerning that argument?

    The argument...



    The law as disclosed by the judge himself...



    So 'federal reserve notes' THEMSELVES are 'taxable dollars'. Did the judge really say that, on the record?!!!!!! In other words, Rifen's "wages" (i.e. pay, though "statutory" in that respect) were in the form of FRN's therefore 'taxable dollars'.

    Basically the judge is saying that the tax was/is SOLELY on the use of FRN's..."federal reserve notes are taxable dollars."

    Rifen's argument is faulty because he was arguing 'form of payment', not 'redemption of payment'. He did not have the option of specie (gold, silver), but he DID have the option to redeem in lawful money in the form of U.S. Notes - but he mentioned nothing in that respect.

    That's how I'm seeing it. Would like your comments, MJ. Thanks.
    Forget about substance. Money is what you trade with as a medium of exchange. Now quit on money and think TRUST. You must comprehend trusts. Who is underwriting the Money. Meaning the use of FRN's reflects a bond deposited with the Federal Reserve. So it is the United States bond which is underwriting the FRN. So in a sense the FRN is a promise to perform backed by US Bonds. And US Bonds are understood in substance internationally and in pledges domestically. Nevertheless there is equity understanding the notes in circulation.

    The use of the notes is a benefit subject to an obligation. This is why I have endeavored so much to explore Uses, Trust, CQU and CQT.

    Now when you get your mind around that then OF COURSE FRN's are taxable - or said another way - subject to the use fee. To argue against that is to deny the existence of the trust and the benefit of law.

    Now the FRN is a dual capacity note. The greater always redeems the lesser. Therefore I don't care what you give me as long as it is legal tender. I fulfill the law when I make my demand for lawful money. Now is the law no more once I make my demand or does it still stand upon a future choice? Can it be said that I am forever without the IRS revenue agents just because I demand lawful money today? Perhaps I will do a deal tomorrow based on fractional reserve lending practices. Therefore there is always a presumption.

    And since computers are the front line gate keepers these days, it may be a while before a living soul is reached.

    The use bears the title TAXPAYER.

    Regards,
    MJ
    The blessing is in the hand of the doer. Faith absent deeds is dead.

    Lawful Money Trust Website

    Divine Mind Community Call - Sundays 8pm EST

    ONE man or woman can make a difference!

  6. #6
    Senior Member
    Join Date
    Jan 2013
    Location
    in an intended free America
    Posts
    100
    Quote Originally Posted by Michael Joseph View Post
    Forget about substance. Money is what you trade with as a medium of exchange. Now quit on money and think TRUST. You must comprehend trusts. Who is underwriting the Money. Meaning the use of FRN's reflects a bond deposited with the Federal Reserve. So it is the United States bond which is underwriting the FRN. So in a sense the FRN is a promise to perform backed by US Bonds. And US Bonds are understood in substance internationally and in pledges domestically. Nevertheless there is equity understanding the notes in circulation.

    The use of the notes is a benefit subject to an obligation. This is why I have endeavored so much to explore Uses, Trust, CQU and CQT.

    Now when you get your mind around that then OF COURSE FRN's are taxable - or said another way - subject to the use fee. To argue against that is to deny the existence of the trust and the benefit of law.

    Now the FRN is a dual capacity note. The greater always redeems the lesser. Therefore I don't care what you give me as long as it is legal tender. I fulfill the law when I make my demand for lawful money. Now is the law no more once I make my demand or does it still stand upon a future choice? Can it be said that I am forever without the IRS revenue agents just because I demand lawful money today? Perhaps I will do a deal tomorrow based on fractional reserve lending practices. Therefore there is always a presumption.

    And since computers are the front line gate keepers these days, it may be a while before a living soul is reached.

    The use bears the title TAXPAYER.

    Regards,
    MJ
    Yes, the TRUST angle (and associated terms CQU, CQT). Been seeing that throughout other threads here and also by a respected poster on the CB's forum. It appears that the 'obligation' (or not) is very much the topic when it comes to the return of the estate (1040), as it has been referenced. It is true that the money itself is not taxable, but rather the "income" (gain, benefit, profit) as a result of some 'excise-taxable event'.

    As I'm interpreting this, exercising a RILM demand ends the obligation of any benefit derived from FRN usage, based on the option of redeeming money solely with the U.S Treasury and not 'contracting' with a 3rd party (the Federal Reserve). If that is true, then it would appear that Govco or the Treasury is 'contracted/obligated' to repay the debt to the Fed from their own coffers and not 'me'.

  7. #7
    Quote Originally Posted by itsmymoney View Post
    Yes, the TRUST angle (and associated terms CQU, CQT). Been seeing that throughout other threads here and also by a respected poster on the CB's forum. It appears that the 'obligation' (or not) is very much the topic when it comes to the return of the estate (1040), as it has been referenced. It is true that the money itself is not taxable, but rather the "income" (gain, benefit, profit) as a result of some 'excise-taxable event'.

    As I'm interpreting this, exercising a RILM demand ends the obligation of any benefit derived from FRN usage, based on the option of redeeming money solely with the U.S Treasury and not 'contracting' with a 3rd party (the Federal Reserve). If that is true, then it would appear that Govco or the Treasury is 'contracted/obligated' to repay the debt to the Fed from their own coffers and not 'me'.
    Have you considered that you still derive a benefit from the use of "demanded lawful money"? Are you the creator of these notes, whether "redeemed" or not? Do you own these notes? If not, who does?

    Have you considered that said notes are backed by the "full faith and credit of the United States"? Where does United States acquire said "full faith and credit"? What backs this "full faith and credit"?

    If United States does NOT live and breathe, it must use the energy and property of those who do as collateral, no? Did you pledge? Was it pledged for you? Did you acknowledge, agree with and/or execute completion of said pledge?

    itsmymoney?

    If it's truly "your money", then why are you concerned with avoiding a tax liability from a foreign entity?

  8. #8
    Senior Member
    Join Date
    Jan 2013
    Location
    in an intended free America
    Posts
    100
    Quote Originally Posted by BLBereans View Post
    Have you considered that you still derive a benefit from the use of "demanded lawful money"? Are you the creator of these notes, whether "redeemed" or not? Do you own these notes? If not, who does?

    Have you considered that said notes are backed by the "full faith and credit of the United States"? Where does United States acquire said "full faith and credit"? What backs this "full faith and credit"?

    If United States does NOT live and breathe, it must use the energy and property of those who do as collateral, no? Did you pledge? Was it pledged for you? Did you acknowledge, agree with and/or execute completion of said pledge?

    itsmymoney?

    If it's truly "your money", then why are you concerned with avoiding a tax liability from a foreign entity?
    Do I not have a choice to avoid a private contract with the Fed? I admit that Obamacare seems to set a precedent otherwise, but then that 'law' is a farce against the Constitution regardless of what the SC decided (of whom they are becoming more biased for GovCo every day). If the law is to be honored then I DO have a choice to avoid the PRESUMPTION of a tax liability. I MUST be concerned about avoiding it because I am FORCED TO by the coercion of signing those presumptive-indentured-slave W-4 forms. See HJR-192 below for clarity.

    https://iuvdeposit.wordpress.com/hjr-192/

  9. #9
    3. Can you point out the flaw in RICKMAN's argument?
    Rickman admitted he was paid Federal Reserve Notes.

    As did the OP when filing the original 1040. Or at least consenting to treat his/her lawful money income as taxable income.

  10. #10
    To clarify "Refused For Cause". I will start searching in the forum regarding refuse for cause, but I know there will be a mountain of hits on the term.

    To your point, MJ , regarding not understanding, I have found, painfully, that I do not understand enough to beat them directly. I have in 2021, I did not file a return, my logic was there is no Liability for me in statutes.

    Will I receive a "Notice" eventually and can I respond with "Refuse for Cause"?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •