roage.free-forum.net

[Seamus]

I'm not sure this is where this document should go.

A few months ago, I got a new job after having lost my job at DocuMart. It was going to be my best job yet. Best pay, best benefits, wow. but the accountant (external CPA office) said that it was illegal for me to enter "exempt" on my W-4 form and that it could cause the business to have to pay my taxes out of their own revenue, thus frightening my employers into laying me off before I had even worked one day with them.

I offered her a chance at forgiveness about 6 weeks ago. She has not answered me one word. So today I crafted a document of claim. I will let it speak for itself. I would appreciate any input from any of you who might have had some experience with this kind of thing. Even if you haven't, and have some insight, please share

I know for a certain fact that I am not liable for income tax, due to this wording in Chapter 24, Section 3401, under "definitions"

(c) Employee
For purposes of this chapter [the chapter about withholding employment tax - Seamus], the term “employee” includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term “employee” also includes an officer of a corporation.

Now, if you are still going along with the unlawful 'presumed joinder' between your divine self and the corporation with a name similar to yours IN ALL CAPITAL LETTERS, you are 'acting' as an officer of that "Corporation Sole", sometimes referred to as the 'strawman', which makes you liable. However, I have several weeks ago cut that avenue of encroachment off when I sent a slightly modified version of "The Way" to my County D.A. with instructions to enter it into the public record. Doing it under duress doesn't constitute agreement, however, and if you so much as wish there were another way to live in the society you grew up in, rather than dealing with all that legal jibberjabber, it's a tort upon you, and you are not held liable.

So, here's my letter:

James-Michael of the Farley family
13707 NW Bishop Rd.
Hillsboro, Oregon [near 97124]
October 24, 2011

MS. ______________
place of work
portland, OR


Dear Ms. ________:
I still haven’t heard from you as concerns the retraction of your false and unprofessional statements, made about the manner in which I completed IRS paperwork, to my former employers, Cheryl and Karen of Printing Solutions, Inc. in Hillsboro.

It has been many weeks since I gave notice to you that such a retraction and an apology were necessary in order for you to obtain forgiveness of the debt owed me by you due to your false and damaging statements. By this I see that you do not want my forgiveness on the matter. It is now too late to change your mind. You called my character into question, and you falsely accused me of attempting to commit a Federal offense.

Because you do not want my forgiveness, I am left with the unpalatable alternative: I demand restitution. You are to prove to me that your statement to Cheryl and Karen of Printing Solutions, Incorporated is true: i.e., you are to prove that I am liable for “employment tax”. You are to cite the Subtitle, Chapter, Section and Subsection of the IRS code that states unequivocally that people in the category that I belonged to, i.e. an employee of a small, privately-owned business, are liable for either Income Tax under Subtitle A or Employment Tax under subtitle C. Failure to do so within 3 (three) weeks of receipt of this letter will be regarded as an admission on your behalf that I am right, and that you owe me monetary damages. The monetary damages you owe me due to your frightening my employers into removing me from their service I have set at 10,000 (ten thousand) dollars. I feel this is very lenient. If this letter is disregarded and I receive no response from you at all within the allotted time, the amount will become 30,000 (thirty thousand) dollars due to dishonor. If you are not willing to negotiate payment, a lien will be placed upon any property belonging to you for which there exists a public record.

You are a licensed professional tax consultant, and you have no excuse for not knowing the IRS code, especially on such an important matter as whether an individual such as myself is liable for Income or Employment Tax. I look forward to hearing back from you.

Sincerely,

James-Michael of the Farley family

again, I am grateful for all feedback and insight.

[curiotrope]

First of all, this is fascinating. I'm very curious to find out what happens!

I have a question: how did you come up with your amounts for monetary damages?

[Seamus]

First of all, this is fascinating. I'm very curious to find out what happens!

I have a question: how did you come up with your amounts for monetary damages?

Amounts are arbitrary and, in my opinion, lenient. I may have to revise the wording of the "dishonor" portion near the end...

[roage]

Like we talked about take the lien threat out as it is not required. Also stipulate that it must be in writing and the word of a representative from the IRS is not sufficient. Make sure that you specify both IRS Tax code and US Code as the IRS can say anything they want as they are a private company. The IRS code must be authorized under the US Code and Constitution. Income is not pay for a man's time and work so therefore any reference to it in Constitutional Law must be viewed that way.

[Seamus]

Roage, I am surprised you don't know that the IRS code is Title 26 of the US Code.

But here's an updated version of my demand letter.

Like we talked about take the lien threat out as it is not required. Also stipulate that it must be in writing and the word of a representative from the IRS is not sufficient. Make sure that you specify both IRS Tax code and US Code as the IRS can say anything they want as they are a private company. The IRS code must be authorized under the US Code and Constitution. Income is not pay for a man's time and work so therefore any reference to it in Constitutional Law must be viewed that way.

James-Michael II of the Farley family
13707 NW Bishop Rd.
Hillsboro, Oregon [near 97124]
October 24, 2011


MS. ERIN --------
-- TAX PROFESSIONALS
------------------------
Portland, OR 97210

Dear Ms. ----------:
I still have not heard from you as concerns the retraction of your false and damaging statements, made about the manner in which I completed IRS paperwork, to my former employers, Cheryl and Karen of Printing Solutions, Inc. in Hillsboro.

It has been many weeks since I gave notice to you that such a retraction and an apology were necessary in order for you to obtain forgiveness of the debt owed me by you due to your false and damaging statements. By this I see that you do not want my forgiveness on the matter. It is now too late to change your mind. You called my character into question, and you falsely accused me of attempting to commit a Federal offense. If you were telling the truth, you became guilty of complicity in my crime when you refrained from turning me in to the authorities. If you were wrong, your debt to me must be paid. This is a document of claim.

Because you do not want my forgiveness, I am left with the the only lawful alternative: I demand restitution. You are to prove to me that your statement to Cheryl and Karen of Printing Solutions, Incorporated is true: i.e., you are to prove that I am liable for “income tax”. You are to cite the Subtitle, Chapter, Section and Subsection of the IRS code that states unequivocally that people in the category that I belonged to, i.e. a non-corporate-officer employee of a small, privately-owned business, are liable for either Income Tax under Subtitle A or Employment Tax under subtitle C. Failure to do so within 3 (three) weeks of receipt of this letter will be regarded as an admission on your behalf, both that I am right, and that you owe me monetary damages. You are not permitted to use any presumption of meaning or the word of an IRS representative as supporting evidence. You will use the wording of the law verbatim to demonstrate its meaning. To wit: The law does not say what the law does not say. It only says exactly what it says. The monetary damages you owe me due to your action of frightening my employers into removing me from their service I have set at 10,000 (ten thousand) dollars. This is very lenient. If this letter is disregarded and I receive no response from you at all within the generous allotted time, the amount will become 30,000 (thirty thousand) dollars due to gross dishonor on your part.

Your reply must be made in writing via certified or registered U.S. Postal mail, sent not to me but to the Notary who stamped this document. I highly recommend a return receipt.

You are a licensed professional tax consultant, and you have no excuse for not knowing the IRS code, especially on such an important matter as whether and in what circumstances an individual such as myself is liable for Income, or Employment, Tax. I look forward to hearing back from you promptly.

Sincerely,

James-Michael II of the Farley family

[roage]

I think that is as good as one can make it.

[Seamus]

UPDATE

I'll give it a shot when I'm living in Multnomah County. Washington County notaries are stuck-up.

[roage]

UPDATE

I'll give it a shot when I'm living in Multnomah County. Washington County notaries are stuck-up.

Still in play huh?

[Seamus]

UPDATE

I'll give it a shot when I'm living in Multnomah County. Washington County notaries are stuck-up.

Still in play huh?

we need to talk about this one... I got some further info i want to discuss w/you

specifically:

Sec. 7701(c) Includes and including
The terms “includes” and “including” when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.

[roage]

Sec. 7701(c) Includes and including
The terms “includes” and “including” when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.

When ambiguity is created through imprecision tie goes to the runner.