-Caveat Lector- WJPBR Email News List [EMAIL PROTECTED] Peace at any cost is a Prelude to War! "The first great success which appears to have shaken the IRS and the New York Times to their foundations is the 941 correction and refunds for Bosset Partners Marketing, Inc., which used to be in Clearwater, Fla. This was the first time an employer came to me and said that they wanted to implement the strategy that I had been using for individuals, but in this case, we would be zeroing out 941 employment tax returns. "This was only being done as there was a $100,000-plus employment tax debt to hang over this individual's head, and if employers do not know, they need to know that this kind of debt is not dischargeable in any bankruptcy. "The whole story is on the web at NITE.org, but I must say when I was asked to do this, I really was concerned and grilled Mr. Bosset on his certainty. I had no clue how the IRS was going to react. Instincts and reason told me that if we removed the testimony of the employer, then the IRS would zero out things in their computers, this man's issues would be settled, the workers would get refunds of withheld money, and they would all disappear from the record as [if] a return was received and the amounts were corrected down to zero. This would leave nothing to trigger the program in the IRS computer. "Doing this was like being asked to test the first Atom Bomb," concluded Bell. Since then, present and former members of NITE have been knocking boldly on the door of the IRS with the law, regulations and IRS forms in hand to say their "remuneration" is not taxable -- and some are getting their money back from previous years. Bell thinks the "U.S. sources" argument has the powers-that-be worried. He said it was as though somebody flipped a switch, and suddenly New York Times reporter David Cay Johnston was on a crusade to discredit the argument before there is any discussion of the substance of the regulations that NITE cites. Playing right into the media's hands, Bell continued, is the newly resurgent tax-resister movement. He said leaders of the movement have hijacked the "U.S. sources" argument and are fatally promoting it alongside failed tax-protester ideas. "They then stumble before the court of public opinion when asked simple questions about it on national television," he said. "Having the media focus on confused and uninformed spokesmen should do wonders for the establishment's efforts to kill this legal argument long before the actual substance is revealed to the American people. It's the only weapon that can be formed against the letter of the law," observed Bell. According to Bell, the IRS and the courts had a field day in the past destroying tax protesters who claimed the tax laws are illegal or who use constitutional arguments. But, he said, now people are embracing the tax law and regulations as they are written. They are filing the proper forms, and are insisting on being afforded the many recently discovered avenues of administrative due process that are due them if they run into resistance. This has brought a renaissance of meaningful communication with certain elements of government, he said, and ever greater success under the letter of the law and established IRS procedures. To end this golden age, Bell said, the IRS finds itself in the awkward position of having to deny the applicability of Treasury regulations as well as deny the many lawfully prescribed avenues of due process available to citizens. In essence, he says, the shoe is on the other foot now. The IRS is on the wrong side of the law and hasn't yet figured out what to do about it, other than begin to use the media to poison the issue in the minds of the public. So, what actions do NITE members take once they are convinced their income is not taxable? Bell said his strategy is to make "contentions of a factual nature." Taking the example of an employee, Bell said that if a worker is convinced, after studying the law, that he did not earn any taxable income, he must refute the evidence the IRS holds that says he did indeed earn taxable income. That evidence is a W-2 or 1099 form provided to the IRS by the employer who assumed the income was taxable. "You would use the 4852 form to argue that the W-2 and 1099 forms issued to you are in error, and the 8275 form to show the IRS how your legal position is constructed upon the regulations of the secretary of the Treasury. "There isn't any reason for people not to file anymore," Bell explained, "especially since the U.S. Supreme Court has stated in U.S vs. Sullivan in 1927 that you must file if the government believes that you must, that in your filing you can make your argument. If that was not enough, we add the fact that the secretary of the Treasury has created the form 4852 for you to make contentions of factual nature and that he has created the 8275 form so that you can show how your position concurs with his regulations." Some people get refunds at that point. But what if the IRS ignores a person's contentions? "The Sixth Amendment gives you the right to confront and cross-examine the adverse government witnesses against you as required by the U.S. Supreme Court in Goldberg vs. Kelly in 1970. You could prove the W-2 forms to be specious hearsay, as the person responsible for the W-2s never read the whole of the applicable law regarding 'gross income' and 'wages', and you would thus undermine the veracity of these reports," Bell said. "That should prove the W-2 claims of gross income to be hearsay and help you strike them from the administrative record and support your claims of no gross income. The plan is simple: Either eliminate the witnesses' credibility before the IRS and the law, or eliminate the evidence provided by the witness by convincing the employer to stop reporting and to correct prior reports." Several employers, like Jesson, are doing just that. They have stopped reporting to the IRS that they paid any taxable gross income to their workers, and they are correcting past reports they made about their employees. How does all this differ from the "tax resisters"? Explained Bell: "The tax resistance industry takes the general slant that the tax laws are illegal, and they will not use the IRS process or forms. Therefore, they will not even try to exhaust the administrative due process and remedy provided for by the Internal Revenue laws. This must be done in order for the individual to have any standing before the court regarding any claims, as the federal courts have long held that you must exhaust administrative remedy before you can seek judicial remedy. Thus, the tax resistance industry is doing the people who trust it the greatest disservice, as their arguments do not give the followers any means of judicial remedy or cause of action under the law." Bell said the IRS has a long way to go in the due process department. "There are about 15 manifestations of our due process of law before the IRS. They can be found in the Bill of Rights, the public laws of the Congress, the statutes, regulations, U.S. Supreme Court rulings and the Internal Revenue Manual. "Mostly, the IRS completely violates the process by skipping over the pre-examination, examination and appeal process and rushing straight to collections. Since every step of the process is set forth by either the statutes, regulations, and/or the Internal Revenue Manual, and the Internal Revenue Reform and Restructuring Act of 1998 now requires the IRS to comply with even the manual as if it is law, the claim of denial of due process of law has become a very powerful point that appears to get congressional attention when we are willing to push it. "In the 1976 case of Shapiro vs. CIR, the federal courts held that when the IRS violates its procedures, you can sue the IRS to keep them from taking your property." Bell said there is a little-known IRS department that is supposed to help taxpayers. That department needs to be pressured to do its job, he said. "It is called the Taxpayers Advocate Service. They were given new broad and expansive powers pursuant to the Internal Revenue Service Reform and Restructuring Act of 1998. They have local offices that are supposed to help and investigate the procedural due-process violations asserted by citizens. This is clearly seen in 26 USC §7811, but the local offices do not even know that such a law exists. "The national office is no better, as Ms. Gayle Harris -- a representative from the National TAS who is the liaison to the Senate Finance Committee and who is supposed to look into claims of IRS procedural violations -- told me that the statutory requirement that says they must investigate the charges of the citizens is 'debatable' and a 'personal opinion.' In the article LAW 101 at NITE.org, there is over 100 years of federal statutory construction case law, which appears to greatly disagree with Ms. Harris." Bell said NITE travels to Washington, D.C., to help its members obtain congressional assistance. "We are going to specific senators' and congresspeoples' offices, showing their staff that we have tried to communicate with the IRS, which has been completely futile, as the IRS only sends out off-point form letters designed for people who challenge the constitutionality of the income tax and will not investigate the up to 24 procedural violations per case that we have identified. "We are trying to get their help in forcing the IRS to have a dialogue with us on the issues of procedure and rights, which will lead us to confronting and cross-examining the witnesses on the administrative record and asking them if they applied the U.S. source rules as required by the secretary of the Treasury. I would just love to see people all over America in case after case before the IRS reveal that the employer and payer reports made against them were made without regard for the actual letter and application of the law." Bell concluded: "Gradually, with time, as the right amount of social and political pressure is created by numbers of us insisting on the letter of the law in tax procedures, the idea of the people being entitled to 100 percent of the fruits of their labor will be a widespread mindset." *COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment to those who have expressed a prior interest in receiving the included information for nonprofit research and educational purposes only.[Ref. http://www.law.cornell.edu/uscode/17/107.shtml ] Want to be on our lists? 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