[net.taxes] Replies to replies

alpert@nanook.DEC (11/15/84)

Sorry to be posting a separate note to reply to these, but with the
gateway arrangement I am using, there is no known way for me to post
a reply which will be attached to an existing note.

RE: IRS note #3:

> So you don't have to give the IRS any records if they try to audit you.
> So what.  This is about as silly as the first message about how you don't
> have to file forms, and you go into it an great and ponderous length.
> These tid bits are of some interest, but if you look at the income tax
> statute, it imposes taxes at the maximum rate on income.  Then it lets
> you take some deductions, etc., if you can prove it.  If you won't submit
> your records for audit, you can expect to get deductions you are refusing
> to prove disallowed, etc., and eventually have the IRS, with the force
> of law, seize what it thinks your taxes are.

You seem to be missing the point -- the IRS does NOT have the "force of
law" behind them.  Nearly all of their standard operating procedures are
blatantly illegal.  If you disagree, please point out the statutes which:

     1) Make anyone liable for "income" taxes at the "maximum rates"
     2) Give the IRS the legal right to seize any and all property at
        their slightest whim
     3) Gives the IRS the legal right to interfere with employee withholding
        statements
     4) Exempt the IRS from the provisions of the United States Constitution

(This is not a smart-*ss remark, I am genuinely interested in anyone who
can point out such statutes.  The IRS code has been under intense scrutiny
for over a decade by Schiff's group and others, and no one has been able
to find such statutes as of this date.)

What the IRS does have, of course, is the force of FEAR, which is something
quite different from "force of law" (though it largely produces similar
results).

Also note that numerous court cases, some of which have been cited in these
notes, show that the worst thing you can do in an audit is cooperate with
the IRS -- once you waive your Constitutional rights, they *really* have
you!

RE: IRS note #4:

> This mostly sounds like garbage to me.  It is not clear that the
> regulartions of any government body that are as voluminous as the IRS
> regulations would be found to be totally consistent on microscopic
> examination.  Although I suppose such regulations are technically not
> laws, the enabling statues typically give then "the force of law".  Of
> course they can't violate the Constitution but the Constitution is a
> document of non-trivial complexity that is also subject to
> interpretation.  

Many of the observations in the note referenced are currently being put
to the test in cases that are currently in litigation.  Time will tell
whether this is "garbage" or not.  (I have alread posted a lengthy list
of recent wins over the IRS, so don't tell me that it is *impossible*
to defeat them in court).

IRS regulations do not have "the force of law" behind them when they
contradict existing laws.  Also note that the Supreme Court, as shown in
previous notes, has already upheld many of the "interpretations" of the
Constitution that are espoused by the tax movement.  Also, for a legal
document, the Constitution is written in a remarkably clear manner. I 
suspect that when it was drawn up we had not yet given our fate over
to the attorneys in the wholesale manner that we do today. 

Possibly you can tell us how the IRS turns Code section 6331, which gives 
them authority to "notice of levy" on their own employess into regulation 
301.6331(a)-1, which clearly takes liberties far beyond what the IRS Code 
permits, let alone the Constitution.

I suspect part of the problem here is that while people obviously dislike
the way the IRS operates, they feel better about it if they think that
the law permits them to do so!  No one like the idea of a fascistic
government agency which has grown in power to the point where they can
disregard nearly all law and get away with it.  However, this is precisely
the situation we are faced with.


			Bob Alpert
			...decwrl!dec-rhea!dec-nanook!alpert

ables@cyb-eng.UUCP (King Ables) (11/19/84)

> What the IRS does have, of course, is the force of FEAR, which is something
> quite different from "force of law" (though it largely produces similar
> results).

Actually, it probably produces BETTER results!

-King   (note new address)
ARPA: ables%cyb-eng.UUCP@ut-sally.ARPA
UUCP: ...{ctvax,gatech,ihnp4,nbires,seismo,ucb-vax}!ut-sally!cyb-eng!ables