In Tax Court (BTW...I do not recommend going there!! it is for "taxpayers" only) you are the Petitioner and auntie is the Respondent.Originally Posted by David Merrill
As far as prosecuting for lack of assessment authority... did they sue the agent individually or auntie?
I have evidence that the agents in my case were not authorized to make any assessments, a FOIA showed they were clerks! You also have to be a GS9 paygrade or above.... the agents in my case were GS7.
Yes! Counterclaim - like a Libel of Review.
Are You Lost at C?
If you are the defendant in tax court the burden of proof is upon you.
Ok, started to read your book, thanks for sharing. So, the IRS is acting in admiralty law collecting for the International Monetary Fund ( Funny, it has the same acronym as Individual Master File..IMF....coincidence?)??
Administrative, Civil, Criminal, Admiralty
I see fixing the IMF to avoid court, not to enter it.
If one is in Tax Court beyond pleading, she or he just plead into the status of as taxpayer.
The question then becomes not if one is a liable for a tax, but how much.
Last edited by shikamaru; 01-16-13 at 10:00 PM.
Not the IRS... taxes ...
Taxes have been under admiralty since before the Revolution.
This all has its roots in smuggling and avoiding the King's dues.
See it here: http://www.founding.com/the_declarat...50/default.asp
The King could not sustain any convictions in Common Law courts of the colonists, so he moved the cases and jurisdictions to Admiralty/Vice-Admiralty/Maritime courts.
Last edited by shikamaru; 01-16-13 at 10:16 PM.
Thanks for the clarification shikamaru.
Yes, it did not take long to figure out how rigged the game was in tax court and circuit court for that matter! ....Live and learn.
I could see the writing on the wall in discovery.... The judge would go out of his way to protect Respondent, I would ask some very pointed questions...Respondent made an order for protection and the judge happily agreed. Those interrogatories never got answered.
Respondent had almost everyone one of his motions granted, even poorly written ones that had fatal flaws. It was very easy to see that they were thick as thieves. I mean they both benefit from the money they are collecting! I found the same in Circuit court, it was a sad realization.
I have lost all faith in our court system....there is no justice, best to stay out of the court systems.
You just know that something else is going on.
Reading the Sugar Act and "Are you lost at Sea?" has confirmed this.
Last edited by gdude; 01-17-13 at 05:27 AM.
28 USC ยง 1333 - Admiralty, maritime and prize cases
The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
(2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.
Emphasis mine.
PS- I apologize, I realize I am late to the game!
Last edited by gdude; 01-17-13 at 05:12 AM.
Ok, thought about this. What would prevent the King to buy off the judges , just as what is happening today? I think that is a fair question. The judges and Counsel share in the spoils, do they not?The King could not sustain any convictions in Common Law courts of the colonists, so he moved the cases and jurisdictions to Admiralty/Vice-Admiralty/Maritime courts.
Last edited by gdude; 01-17-13 at 05:35 AM.
The judges are recused for being taxpayers.
You may be saying the exact same thing from a fresh perspective.
The judges in the colonies were non-attorneys for the most part at the time.
The BAR had a very slow and rough going establishing themselves here in the States for nearly 200 years.
That's the reason why smuggling and tax cases were moved to Admiralty/Vice-Admiralty/Maritime courts.
Furthermore, the judges made extra via a percentage of whatever penalties, fines, amercements, and other collections assessed against defendants.
During colonial times, there is tinge of courts martial to the Admiralty/Vice-Admiralty/Maritime courts being the power of these courts in England arose out of the office of Lord High Admiral of the English Navy.
In time, the power and jurisdiction of the Lord High Admiral with regard to courts were eventually transferred to the Lord Commissioners of the Admiralty ..... members of the Board of Admiralty.
The commissioners in colonial times were customs agents (and collection officers).
Being the colonies were foreign to the lands of England, I would think it natural that Admiralty courts would address and adjudicate matters of their overseas possessions.
Check out the Board of Trade and Foreign Plantations, Board of Tax, and Vice-Admiralty courts sometime in your readings in history with respect to the American colonies.
Have you noticed that many of your taxing jurisdictions have Boards of Tax themselves under such titles as Boards of Review, Tax Franchise Board, etc.?
Last edited by shikamaru; 01-17-13 at 02:09 PM.
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