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Tax Time — What should we do?

Our newest forum:
We reveal the mystery of learning how to learn the law; even as it relates to taxes.

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Tax Time — What should we do?

Postby Admin » Tuesday May 29th, 2007 11:00 am MDT

:h: Everyone especially Taxpayers:
Around April 15th every year, we understandably get a lot of requests regarding taxes and taxpayers. People want to know how we would handle taxes and the allegation of tax liabilities. Our answer is always the same, “We would study the code and if the code indicates that we owed a tax then we would find out how to properly assess the tax liability and pay the tax.”

Therein lies the problem; we have not found anyone that understands the tax code. Most consider the tax code incomprehensible. Therefore, if the tax code is incomprehensible, then it is impossible to comply with because to comply with something you must understand it. This week a Team Law beneficiary sent us an inquiry typical of one that had been studying the tax code after years of blindly filing forms because others told them they had to.

In their study, they discovered things that caused them to take a second look; they determined the forms they had been filing were not the proper forms. However, they were curious what effect filing a different form would have when they had been filing the wrong form for years. Of course, we cannot say what IRS will ever do about anything anymore than we can say what anyone else would do about any situation. Our response to all such questions follows the patterns of, ‘the answer is in the law and the only way to get the answer is to study the law’. None the less, at this time (near April) we thought we would provide a portion of the response we wrote to our beneficiary here is an effort to point out to everyone our response and perhaps providing it here will help others.
Admin wrote:If we were in the situation you described, our first concern would be securing the exact nature of the taxpayer and its relationship with its Creator, Social Security Administration (hereinafter “SSA”). We would do that following the Standard for Review in a pattern Team Law beneficiaries have used since Team Law began in March of 1993 (Team Law beneficiaries can learn how by calling our office). The process is incontestably well established in law and practice. While we were following through that process, we would continue to study the tax code and try to make some sense of it so that we could comply with it, if possible.

You noted:
the beneficiary wrote:I, the trustee, realize that a form must be sent to the IRS
We generated the Contracts, Trusts and the Corporation Sole article for the purpose of helping people understand what trusts are, how they are created, how they work and what the actual nature of the Trustee capacity is (that being simply an Office in the Trust having no capacity to act for itself). Still, people sometimes use language that makes it appear like they think they are the office; as you represented in your comment, “I, the trustee”. If you are a Team Law beneficiary you are not the trustee of a trust; because Team Law beneficiaries are all real people, not business entities.

If you thought you were the Trustee, then you need to go back and reread the Contracts, Trusts and the Corporation Sole article. Follow that, by reading the companion article in the Beneficiary Forum. Follow that, by reading the several most recent responses posted on the Beneficiary Forum by Admin. That study process should give you a very clear understanding of the relationships in trusts and their creation.

IRS’ ‘forms office’ recommends that trusts are required to file Form 1041. And, most accurate trust returns filed on that form as per IRS’ recommendation seem to be processed without a problem; however, IRS has responded to some such filings alleging they were frivolous (they even refer to seasons they would do that on their website; thus, we would never file a tax return for the purpose they show as frivolous). That adds additional support for why we would always stick to the law.

Before filing any form, we would first study the tax code to understand it and then from it, if we could determine a tax liability, we would then file whatever form the Office of Management and Budget had lawfully authorized (in accord with the Paperwork Reduction Act) for reporting tax returns for the specific taxpayer in question [of course, that also presupposes that to do that we must have read the Paperwork Reduction Act—in other words, you cannot apply the law if you do not know what it is; and, you cannot know what it is if you have not at least read it]. If we had problem with that process (knowing how to and what form to file) we would follow IRS’ Procedure 1 — letter ruling process (there is a link on our Online resources webpage) and request that IRS show what the proper form is for the taxpayer to file.

If they would not comply with their own procedure and the code to resolve the incomprehensibility of the code, we would contact both the Secretary of the Treasury and Congress to ascertain the answers; both of which would likely not answer the inquiry but would rather send us to find professional Tax attorneys and tax accountants to get the answer. Our experience shows, even such professionals cannot or will not answer the questions and resolve the incomprehensibility of the tax code. Nonetheless, we would still go to them and get their responses; because, their responses add evidence to our personal building body of evidence that the tax code is in fact incomprehensible.

Thus, to the best of our ability, we would through our own work (not third party allegations) determine if there was a lawful requirement for a return; and, if we could find none then we would (if we felt it was necessary to file something), in accord with our Right to the claim, generate a plain form (“Claim of Right”) of our own construction that showed the efforts we had been through to understand and comply with the code (which understanding and compliance would be impossible, due to its incomprehensibility). We would show what the potentially taxable income was and we would show any prepaid funds paid toward any potential tax liability. We would then show that we were not able to find any applicable tax (or respective forms) and do the math to show how much was owed either by IRS to us or by the taxpayer to IRS. Then we would request the refund and sign the form with the appropriate perjury statement. We would send that to IRS and if they did not return any overpaid funds within 6 months, we would sue them for the return of the overpaid funds, again strictly following the provision for such a suit as found in the code.

Our training materials are only intended to inspire people to study the law (code, etc.) to learn how to proceed. Their intent is to show the process others have followed in such studies to make the discoveries and take appropriate action learned by that course of study.

From time to time, we hear about someone that followed the final step in such trainings as if that was what we showed with the person in the example; when in fact, the example was not what the person did due to their situation and study, rather it was the study of the law that showed them the path to take. Thus, the real discovery for most students of the Team Law way is the course of study itself (the Standard for Review) shows the person what to do. That is why we tell people in such presentations, “Don’t believe what we tell you. Do your own research to discover and prove the truth for yourself.” Therefore, such study will prove your proper path. One of the other main reasons we say this is the tax codes change every year; thus, it is reasonable that responses to the changing code will also change, as will IRS’ compliance or lack of the same, but the necessity of studying the code will not change. It will always be impossible to comply with the law if you do not know what it is.

Because it is impossible to comply with that which you do not understand, neither Team Law nor anyone else will be able to give you the required understanding. Your compliance, of necessity must be based upon your understanding the code and you cannot understand it (or discover its incomprehensibility) if you do not study it directly. Thus, having the training materials always helps if you understand the content worth knowing in the training is the logic of the path not the outcome of the path. A wise linguist once said, “There is no content in content worth knowing.” What he was expressing was the content is meaningless outside its context and the context will define what is worth knowing. The common saying that teaches the same lesson is, “Give a man a fish and you have fed him a meal; teach a man to fish and you have fed his family for a lifetime.” Thus, in keeping with that metaphor, the intent of Team Law is to help people learn to fish; we help people learn how to educate themselves properly so they can be self-inspired to help us save our nation. You asked,
the beneficiary wrote:Would the "Do It Yourself Tax Eliminator" training album help in such a situation?
We believe it will if you use it to learn how to study the code and then apply it. Again, following the common metaphor, the training is not intended to feed you a fish, it is intended to help you to learn to fish; so that you will always be able to figure out your responsibility related to the code, if there is one. The reason it is called "Do It Yourself Tax Eliminator" is it helps people learn how to learn the law so that they can apply it. Thus, if the codes are incomprehensible and if a person learns how to follow the law, as it stands, they will not be able to comply with that which cannot be understood and the law will point out no applicable tax liability. On the other hand, if the code can be understood, the student will learn how to use it and apply if to eliminate any excess tax obligations and pay only what is actually owed.

Team Law does not suggest that anyone should ever file or not file any form. Team Law suggests that people should learn the law and then apply it accordingly. If the code or the law were incomprehensible then we would go to the source to resolve that incomprehensibility. We would never take an action in ignorance unless that action was one to resolve such ignorance. No one can fault anyone for that in law; but anyone can be held accountable for what they knew or should have known.
We have heard of the incomprehensibility of the tax code from Presidents of the United States, from its authors (Congress), from Lawyers, from the media, from the courts, from countless people that studied it and from IRS itself as a response to the Tax Court to explain why IRS agents calculated tax assessments incorrectly. Isn’t it about time the people actually started studying the code so they can see for themselves what it contains and discover if they can comply with it?

What will you do?

If you are a Team Law Beneficiary and you have already read the Taxes 101 article on this Forum, you can continue your study with that companion article on the Beneficiary’s Private Forum with Taxes 201

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.

Letsdance
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Re: Tax Time — What should we do?

Postby Letsdance » Tuesday January 20th, 2009 9:15 pm MST

Has anyone read the book" Cracking the Code" by Pete Hendrickson? Including Team Law.
It gives a look at how IRS code is written and how deception of words are used, as: including, includes, foriegn words, etc.

Is the word "Income" in the IRS glossary, definitions? article, sec. we have been duped.
Do we need a marriage licsense,
Do we need drivers liscense if not dealing in commerce?
Could Team Law read and comment on the above book.

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Re: Tax Time — What should we do?

Postby Admin » Wednesday January 21st, 2009 11:48 am MST

:h: Letsdance:
We know people get excited about the information they find on our forum; and thus, when they are new to the forum and have not learned how to use the search tool (top right of every page), they post inquiries, the answers to which have already been posted, repeatedly. Such a practice is contrary to the purpose of our Open Forum system (which purpose is help eliminate e-mail to and from Team Law while still providing a quick source to desired answers).

The whole idea of Team Law is to use us to help you learn how to educate yourself.

For example, if you wanted to know if Team Law had reviewed Pete Hendrickson’s book, you might either read through the forum topics listed in each sub-forum to see if you might find the title Cracking the Code (which is there) or some other entry that might relate to the topic of your interest; or, you could use the search tool by entering the word most likely to get that subject without finding too many other results. Thus, if you entered, “Hendrickson” in the search tool and you would have your answer. You might also want to use the tool on words like, “definition”, “marriage license” or “driver’s license”, to find what has already been said.

We do hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.

MarushiaDark
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Re: Tax Time — What should we do?

Postby MarushiaDark » Tuesday January 11th, 2011 3:51 pm MST

In regards to the tax issue, you have repeatedly said that no one is capable of understanding the code, including Presidents, Congressmen, and even IRS employees (and you guys too). If no one can comprehend the tax law, and if, as you say, you cannot follow the law without understanding it, then how can judges enforce the law or compel anyone to pay?

Wouldn't their ability to pass a judgment on the matter necessarily mean that someone knows the code? In which case, isn't it the duty of said person to inform the rest of us? Or at least they were able to fake it well enough to convince a judge? In which case, couldn't the same be done by anyone either in favor of or against the requirement to pay?

Moreover, we are told that the whole filing procedure is voluntary (it even says so in the code). But in any other commercial claim, isn't it the burden of the claimant to prove that the other party owes a certain amount before they can be made to pay (through anything from presentment of a bill of exchange to an order by a judge)? Yet, in the case of the IRS, this is often reversed wherein it is said that WE are responsible for figuring out how much we owe and then getting into trouble for doing it wrong. One would think that the party responsible for collecting payment would also be responsible for telling all other parties involved what they owe.

I mean, imagine what sort of chaos would ensue if you went to a restaurant and the restaurant owner told you to figure out for yourself what you owe for the meal and then slapping $500 fines for presenting them with the wrong bill. [shock]

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Re: Tax Time — What should we do?

Postby SimplyThinkDreams » Tuesday January 11th, 2011 9:21 pm MST

MarushiaDark,
  1. They cannot, unless the person is ignorant of the law and cannot properly apply it.
  2. Judges and juries make or should make decisions based on the facts of the specific matter at hand. When a party is ignorant of the law, it is impossible for them to present a solid case based on the material facts of the situation.
  3. It sounds like you are depending on third party sources to tell you what the code says. I wouldn't trust them; rather, I would go to the source itself and read it. In your research you might even discover where to find the publication of IRS' procedure manual.
Restaurants generally post all of their prices on the menu making it extremely easy to calculate what you owe them. If you did not have that information, how would you know the bill they gave you was correct? In fact, it is your responsiblity to make sure the bill was calculated correctly so that you do not overpay for what you ordered.

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Re: Tax Time — What should we do?

Postby MarushiaDark » Wednesday January 12th, 2011 4:43 am MST

Right. But in a restaurant, it's still their obligation to serve you the bill after you order and to make sure that bill is correct before serving it to you. It is their obligation to serve it, otherwise you could just walk out and claim you owe them nothing. If you go up and ask how much the meal was, that's a courtesy in letting them know you're finished, but it's still their responsibility to ensure you're notified of your obligation. For comparison sake, consider a typical loan. The lender has their records and so do you. The lender is the one with all the paperwork that proves you owe them. They have the originals and maybe you have a copy for your own records. But until they act upon their claim and send you an invoice, you don't owe them anything, since you were never served a proper bill. Sure, you can sit there and look at your books and say "Well, according to my records, I have to set this much aside for this expense," but until you receive the bill, you're not obligated to pay.

So far as I understand, you can keep your own set of records of what you owe in taxes, but the IRS seems to expect us to go up and ask them how much we owe, instead of serving us a proper bill. One would think that, if they are expecting us to pay, they should tally up their own books first and then serve us a bill saying "you owe this much," and then, if we are diligent record keepers, we would say, "Yeah, that seems about right. Here you go." What seems to happen, though, is that the IRS doesn't get around to this until a very long time (sometimes years), after which people then seem surprised they owe the IRS thousands of dollars.

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Re: Tax Time — What should we do?

Postby Admin » Thursday January 20th, 2011 11:45 am MST

:h: MarushiaDark:
You asked how judges can “enforce the (tax) law or compel anyone to pay.” The simple answer is: “That is not what judges do.” Judges mediate court cases. Court cases are generally won by the party that presents the most convincing case to the either the judge or to the jury. Thus, contrary to popular opinion, it is not about justice or who is right and who is wrong. Most often the alleged requirement to file or pay taxes is never even an element presented in the case. And, if the trial is going to a jury, the jury has to be convinced of the propriety of the case. Quite frankly, most jurors are selected from tax rolls; accordingly, they come convinced that taxes are an obligation to which we all have our fair share to pay. Thus, up front, before the trial begins, tax protesting defendants have several strikes against them.

Next, it is virtually impossible to prove the reverse of an idea. Thus, it is virtually impossible to prove a tax law does not exist. Thus, the Defendant has to get the court to compel the opposition to produce the law. In any normal case, the party proposing the existence of a thing has to prove that proposed existence; however, in a case where “everyone knows” of the existence and validity of a thing, it can be quite difficult to compel the opposition to prove that which everyone accepts as the given existence and validity. Thus, that is not necessarily an easy thing to do; especially if the judge does not want that cat out of the bag. Still, it has been done and it can be done if you learn the law and learn how to apply it.

Still, you must remember, court trials are not won or lost due to justice; rather, they are won or lost by presenting the most convincing case to the trier (finder) of the facts in the case; whether that is the judge or a jury. Accordingly, if a judge or jury is already predisposed to any certain outcome, getting a fair trial will be next to impossible; unless, the case is exquisitely well presented. The best remedy to trial is to avoid it. Again, that is best done by a party that knows the law. For example: if a party is charged with “willful failure to file” they are most often so charged under a blanket IRC charging code that says anyone that violates a part of the tax code can be charged under that charging code. Accordingly, most defendants never ask to be informed of the part of the tax code they allegedly violated thus, from the beginning of their defense they are actually be defending against the presupposed charges and not against any particular violation; so, their case goes to trial on that basis. However, what would happen if on receiving the complaint, rather than fighting the charge, they used the law to compel the prosecution to provide the violation code in pretrial? Then the prosecution would have to provide the law that was specifically violated and to do that they could be compelled to provide the intent and application of the law. We have never seen a prosecutor of that charge overcome that challenge. In fact, we have seen cases dismissed in pre-trial for that very cause—thus, the case never goes to trial.

Next you contested the voluntary assessment process; however, you imagined it a bit off from how the system actually works. The code clearly provides the IRS with the right to assess income tax liabilities from taxpayers. Respectively, such Taxpayer liabilities are not voluntary by any means. The voluntary assessment system is not one that implies the taxpayer is required to assess its own tax liability; rather, the taxpayer’s voluntary assessment is simply provided to save time and minimize the expense of assessing and collecting taxes. It is in every way a far more cost effective and efficient system to manage if the taxpayers will self-assess. Thus, the due date is based upon the taxpayer’s self-assessment. The penalties for going beyond that date are imposed to pay for the subsequent necessities of the collector assessing and forcing the collection of the respective taxes. The bottom line: the taxpayer must pay all of the taxes that they owe; or suffer the consequences.

Protests against the proper application of any law are unreasonable for any man or organization due to the virtual impossibility of supporting such protests. Thus, necessity requires, we would never so protest. However, we also recognize the impossibility of obeying, honoring, sustaining and/or complying with any law if you cannot find or understand the same. Thus, if you have a problem with some law based thing, like taxation, the necessity of obedience requires that you comply with the law until it is changed and your honor should require you to do all that is possible to compel such changes with proper administrative, legislative and judicial actions. Of course, to take such actions also requires us all to learn and apply the law. Again, we find there can be no excuse for not knowing the law and applying the same. Respectively it is impossible to learn the law or its history without applying your own firsthand study of the same from its actual sources.

As SimplyThinkDreams showed, your analogy regarding the bill at a restaurant does not apply for the reasons he provided. However, in your response to his comment, you alleged restaurants are obligated to “serve you with a bill after you order and to make sure that bill is correct before serving it to you.” We are aware of no such obligations upon restaurants (or other merchants, for that matter). In fact, in such establishments, you can do exactly the same thing as is statutorily provided in the self-assessment system provided to taxpayers as they deal with the IRS. That is, order your meal and then when you are done simply place the appropriate (self-assessed) amount on the table and leave (even before the table servant presents you with a bill). Thus, if you do not request it, they are not obligated to present you with a bill. If you have so self-assessed and paid your obligation, as you leave, the cash you left on the table will be reviewed and the services you contracted for (when you ordered and consumed the food) will be deducted from the amount you left on the table; anything left over from that will be accepted as a tip. However, if your self-assessment and payment was not sufficient to cover your contracted price for the service, the restaurant operators will likely stop you before you get out the door to secure the appropriate payment you were obliged to pay for the services you used. If you get out the door before they can catch you they will take down your car’s license plate number and report your theft; then collect with the assistance of the legal system. If you get out the door without them noticing you and the amount you paid was insufficient you are simply a thief—again, as SimplyThinkDreams noted, you were provided with sufficient information and opportunity to make your self-assessment properly in advance. Thus, the tender of such a payment (without a bill) in a restaurant is a provided for voluntary self-assessment; which the restaurant has the right to verify and hold you accountable for if you were deficient on the amount of your payment. Thus, that situation is quite similar to the scenario regarding how the Corp. U.S. voluntary self-assessment tax system works.

Again, if after contracting for their services you walk out on the restaurant without paying for those services (regardless of whether they provided you with a bill), you are a thief and are subject to prosecution.

In your allegory regarding a lender:
MarushiaDark wrote:The lender is the one with all the paperwork that proves you owe them. They have the originals and maybe you have a copy for your own records. But…until you receive the bill, you're not obligated to pay.
We disagree for several reasons:
  1. We would never consider entering into any such contract without first getting our own set of original documents that secure the full nature of the agreement as it was disclosed and agreed upon. As a party to a contract, that is your right. We recognize that ignorant participants may not compel that effect; but, doing so would be quite naive (bordering on foolish). If there is a paper signed in such a transaction we make sure we have an original copy of the same or we do not enter the agreement. It is just that simple.
  2. The contract for the payment on a loan is the thing that compels payments, regardless of whether the lender provides you with bills, payment coupons or with any other respective instrument to remind you of your obligation. There need never be any such acknowledgment provided to the borrower other than the original agreement (unless that is a specific term expressed in the respective contract.
  3. When a court reviews such obligations, the basis of their review comes from that acknowledgment that you knew or should have known the obligation existed because of the terms of the agreement (not respective bills or payment stubs (though such instruments may add to the evidence of such obligations)).
Your response then went back to your understanding of the taxation system and implied that the IRS should be compelled to provide you with a bill saying, “you owe this much”; however, that is exactly what they do if you fail to voluntarily assess a tax liability their information indicates you owe—but, that will cost you significantly more than self-assessing such an obligation would. Of course, if that were the only way it could be done, the cost of such taxes would be significantly higher. As it is, the IRS claims to have to internally assess, bill for and sometimes forcibly collect only a percentage of the taxes they collect each year. It should be obvious that such collection procedures are significantly more expensive than voluntarily self-assessing. Certainly you must agree that such collection expenses must also be paid (IRS agents and other enforcement authorities do not work for free). As the system is, only a small part of the overall expenses have to be burdened upon the mass of taxpayers that voluntarily assess because the bulk of that is collected from those that are compelled to pay the respective penalties and interest that comes with that territory.

However, there is yet another thing your proposed system would compel—the end of privacy. If the IRS was provided with sufficient access to make a complete assessment of your increase vs. deductible expenses then they would also be able to compel complete access to everything you do with funds and commerce. Thus, eliminating the self-assessment system for lawful taxation would mean an end of privacy in owning and or controlling private property. We expect that reality might cause you to rethink your position.

We also agree with SimplyThinkDreams in his acknowledgment that “it sounds like you are depending on third-party sources to tell you what the code says…rather” than going to the source itself and reading it. Of course, it is impossible to learn the law unless you actually study the law itself firsthand from its source. Team Law helps people learn how to do that; so, they can learn to properly apply it—in fact, that is what we are all about.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.


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