This form of counterclaim may be very interesting very soon!
Diminished Money Counterclaim
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Originally posted by Bentley View PostHi David,
Is this counterclaim still valid?
Thanks,
Bentley
Look at the date.
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Originally posted by bobbinville View PostIsn'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.Last edited by David Merrill; 05-12-13, 09:14 AM.
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Actually, I have FRNs, Silver Certificates (from whence my avatar), Gold Certificates, and National Currency in my collection, all with numismatic value.Originally posted by David Merrill View PostGood thinking! I believe that the US note is a valid currency with numismatic value. - Rather unique I believe.
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.
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Originally posted by David Merrill View PostThis form of counterclaim may be very interesting very soon!
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,"
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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.
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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?
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He filed the Diminished Money Counterclaim in federal court for $350. That is now dismissed because the judge could see no injury around the $5 US note. The suitor, upon filing in the USDC filed his original 1040 wet ink Form with the IRS campus as usual but it was an attachment inside the DMC.
He got a full refund in record time.
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By full refund, do you mean he got all FICA withholding as well?Originally posted by David Merrill View PostHe filed the Diminished Money Counterclaim in federal court for $350. That is now dismissed because the judge could see no injury around the $5 US note. The suitor, upon filing in the USDC filed his original 1040 wet ink Form with the IRS campus as usual but it was an attachment inside the DMC.
So just to be clear, only the 1040 was filed with the IRS campus? Or was IRS campus served with the DMC with 1040 attached? Do you think the refund was issued quickly by IRS so that the suitor could not claim any injury?
He got a full refund in record time.Last edited by Guest; 05-23-13, 04:06 PM.
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I doubt he would have claimed any of that on the 1040 Form.Originally posted by ManOntheLand View PostBy full refund, do you mean he got all FICA withholding as well?
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Line 69 of the Form 1040 is "Excess Social Security taxes...". If he claimed all SS taxes paid were 'excess,' this sum goes to total taxes paid, which would increase the refund by that amount. So it seems that SS taxes could be redeemed and refunded on a Form 1040. I have not tried it myself; anyone comment here?
Freed G
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The 6% SSA tax paid on your behalf by your employer is a "special" income tax MEASURED by your wages. So if you did not engage in that "special" activity (being paid in money substitutes ala FR credits) you would be entitled to a refund of that tax. However your employer would still have to pay their 6% because their end is taxed on the activity of hiring an employee(s) (aka: employer-employee relationship) again MEASURED by the employees wages. I think Medicare and O'Care function in similar manners.Originally posted by Freed Gerdes View PostLine 69 of the Form 1040 is "Excess Social Security taxes...". If he claimed all SS taxes paid were 'excess,' this sum goes to total taxes paid, which would increase the refund by that amount. So it seems that SS taxes could be redeemed and refunded on a Form 1040. I have not tried it myself; anyone comment here?
Freed G
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