This form of counterclaim may be very interesting very soon!
This form of counterclaim may be very interesting very soon!
Is this counterclaim still valid?
Another new suitor in the brain trust filed the new counterclaim and the judge is moving to dismiss it as hypothetical. - Meaning since the Treasury has not refused his Refund he has not actually been injured. So he went to the coin shop and paid probably $12 for a $5 US note. Then he went to the store with a witness and they filled out affidavits that they could get no more than $5 worth of merchandise for the US note! Now he has proven the injury from pegging the US note (not to be a reserve currency) to the value of FRN's, a reserve currency...
(Re: Bourne Supremacy: You can't make this stuff up!)
> To: David Merrill
> Subject: US Note actions
> I purchased a 5 dollar us note, and i am going to spend it today in the
> action we spoke of. I am preparing the affidavit now. I am planning on
> taking it up to Capital City tomorrow. Is the other document ready? I forget
> what you called it, but the explanation of the action described in the
> affidavit. I will need to get moving early to get everything accomplished
> in time.
USDC for the District of State
Memorandum of Law Case #3:13-cv-123 ABC
I am First Middle of the NOMEN family and I have been injured financially by machinations causing the US note to be pegged to the Federal Reserve note in value.
My $5 US note should have bought me $100 worth of merchandise as I spent it on Thursday 4/23/13. This is calculated against the Amendments to the Bretton Woods Agreements (Public Law 94-564) among other historical facts. [International earmark for gold – the IMF Trust Fund is $42.22/troy ounce.] This injury is laid out plainly in the civil suit complaint. US notes cannot be utilized in any way as reserve currency.
It is incorrect to say that I have only been injured hypothetically. The Federal Reserve System has injured me in substance and fact for my entire adult working life. Now that I redeem lawful money and only have Federal Reserve notes available I find that the lawful money I demand by right is depreciated in value by fractional lending just like reserve currency from the Fed.
Isn't there a difference between numismatic value and the value of a piece of currency? I've got some US Notes; but there's no way that I would ever spend them because of their value as a collectible item.
Good thinking! I believe that the US note is a valid currency with numismatic value. - Rather unique I believe.
I want to relay my joy and excitement with suitor Crosstalk:
Full federal refund of redeemed lawful money received today!
Needless to say, although i know it doesnt mean they wont try to bully me later, i am extremely happy right now.
Also, i havent gotten the pacer thing yet, has there been anyhing happening with the case? I saw where you floated it to the bt about a possible class action.
I am supposing by my wording below that you all understand I mean there is a remote possibility we might keep the cause going by moving forward as a class. The objective was to get the Refund so all is good.
I believe the judge may take about ten days to rule about whether there is any cause and jurisdiction now that the US note injury is proven. The Order (below) keeps growing on me, subtle revelation after subtle revelation. – Mostly that the judge did not take the opportunity to try declaring Redeeming Lawful Money some kind of legal gibberish or even misapplied!
Also – correct me if I am wrong – sometimes I falter on details. I believe this Return was filed with the Secretary in Washington DC? No! I am sorry – the LoR [Complaint/Counterclaim] was sent to a major IRS Campus [Too]. Which is significant anyway! The 1040 Form was inside the Law Suit itself. So the IRS agents and attorneys processed the 1040 form inside the filed Diminished Money Counterclaim attached. That is quite remarkable!
Last edited by David Merrill; 05-12-13 at 09:14 AM.
I have also spent USNs; but they are only legal tender for their face value. No store clerk or store manager is going to listen to any argument otherwise.
Here is some interesting Crosstalk:
ORDER. The Court dismisses this action for lack of jurisdiction. Plaintiff's 7 Response to the Order to Show Cause fails to demonstrate that he can satisfy the case and controversy requirement of Article III, Section 2 of the Constitution. To meet this requirement, Plaintiff must establish that he has "standing to sue." Town of Babylon v. Fed. Hous. Fin. Agency, 699 F.3d 221, 228 (2d Cir. 2012). One element of standing is "injury-in-fact,"
The “Judge” in the matter has failed to recognize the suitor spending a $5 US Note at the face value of a Fed note is “injury in fact”.
However the “Judge” will not supply any order or documentation in the mail for our suitor to Refuse for Cause from his authority as the court of record. In other words the “judge” has no authority because he will not produce a record. The suitor receives nothing in the mail because the “Judge” has not generated any paper!
I wonder if we are witness to a new slang – Judicial Cowardice?
I feel like writing up a Notice of Judicial Cowardice for the suitor to file into the case and see if the clerk of court will publish it on PACER?
P.S. There might be another reason this suitor does not have standing to sue. All the Libels of Review are dismissed out as gibberish but if one reads Legal Identity; The Coming of Age of Public Law by Joseph VINING it is revealed that one coming to court in his or her true name lacks standing except as a class action.
I have been toying with the idea that people (suitors) who know their names and redeem lawful money might salvage this case as a class?
Which is why it is so frustrating that the cowardly judge will not generate the Order. What shows up on PACER is nothing but a clerk generated rumor.
I have gone to great length on the "Do 1099's need rebuttal" thread about contesting every nexus of taxation so as to avoid frivolous return hassles, because up to now, the protocol for using lawful money redemption to avoid taxation seemed to be: file a 1040 as you otherwise would, claim deduction for lawful money on your tax return, and hopefully get refund. As a CTC graduate, I have been down the road before of using an "easy" method of getting 100% refunds, only to have them come after me later. Eventually, they rejected all such filings as frivolous and I now have about $80,000 in frivolous penalties they are trying to collect from me.
I am confused as to what happened here. Did this suitor receive a full tax refund in response to simply filing his counterclaim and serving the Treasury with their copy?
Did he file a tax return with an IRS center as well?