Barry's Next Call:
ANOTHER Win on IRS Levy
Barry offers THE BEST in DIY against IRS Lien/Levy !!!
LETS TALK ABOUT ANOTHER WIN !!!!!
YOU WON'T WANT TO MISS THIS CALL
BE ON THE WEDNESDAY CALL - 9PM EST / 6PM PACIFIC
Why Not an IRS Win for YOU??
EIGHT so called “taxpayers” got the levy released off their revenue stream; some as quickly as the next check they anticipated; some off their Social Security checks;
ONE got the LEVY off her paycheck before her next paycheck came out;
ONE got a REFUND of $6000 of wrongfully levied funds;
ONE got a REFUND of $40,000;
SEVEN others ARE REPORTED IN THE CASELAW as having a SEIZED CAR RETURNED, having an ASSESSMENT ABATED, having SEIZED FUNDS RETURNED, and having A LIEN RELEASED.
Gandy won $300,000 in damages and another $300,000 in attorney fees; plus, $16,000 in interest. You could do this too, but, that has to be set up correctly far in advance of the suit.
Out of 109 suits for unlawful tax collection cases reviewed, around 90% of the cases were dismissed for failing to exhaust administrative remedies. Out of 109 cases, only 4-5 went to trial. These numbers suggest that there are multitudes who are GETTING A REMEDY ADMINISTRATIVELY and NO RECORD IS MADE OF THE WINS.
Listen in to this call and find out why it is contended that some of you, in spite of your letter writing campaigns, do still not have your win to report. Most likely, you’ve been sending your letters to the wrong place and have been formatting them wrong!!
GOING ON THE OFFENSIVE
AGAINST THE IRS
Judge Learned Hand – a judge with the U.S. Court of Appeals in the case of Gregory v Helvering 69F2d 809, 810 (wd Cir. 1934) aff’d 293 U.S. 465, 55 S. Ct. 266, 79 L.Ed. 596 (1935)
"Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes. Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any public duty to pay more than the law demands."
This is especially true for one of Barry’s Students. The Student started off by doing some well-wishing related to the holidays and then said, “…my IRS levy got released, using your address of the Boston area director, alone and my own letter composed in my own words. Thank you.” Barry didn’t recognize the Students name so he asked, “Refresh my memory; how did I help?” The reply, “I purchased your program about 9 months ago. Thanks!” Barry responded,“Thanks for reporting back.” The Student continued, “I threw all kinds of crap at them prior to this, all but the kitchen sink.” Barry then inquired as what they had done. The reply came back, “I just put the letter in my own words about all the ways they damaged me, hurt me, all due to total fraud, and then I listed all the ways they committed fraud.” [NOTE: from the material in this offer]
LET’S TALK ABOUT
THE WINS !!!!!
Wins against IRS & Calif. Franchise Tax Board
Posted by: Barry
Sun Dec 23, 2007 7:59 pm (PST)
The following is from a December 2007 posting by the YRIITL Information Provider, Barry. I am sharing it with you because I believe it underscores just how powerful this Lien/Levy Library is we offer here at Your Remedy Is In The Law that Barry produced over the past near 20 years. This compilation of his work, a la cart, costs just under $2,000.00. It is available to you, exclusively through YRIITL for the very affordable price of $200.00. From this point forward Barry is speaking in the first person.
VERY IMPORTANT: In my opinion, you are being 'penny wise and pound foolish' for not purchasing this library. There is nothing more affordable and effective to your need than this purchase. Easily, The Most Bang For The Buck !~!~!
I have some wins to report against the IRS and the Calif. Franchise Tax Board.
As some of you know, I have had a problem with people not getting back to me after they get a win using my research. It seems that up until I started bringing up the issue, I was learning about wins almost always as an afterthought. These are some of the recent wins where people took the trouble to get back to me.
Ø Bill ordered a bunch of stuff off my webpage. He had a problem with an IRS levy. He called me and in his baritone voice told me that shortly after he sent in Freedom of Information Act requests asking for potentially embarrassing information the levy against him was released. I am only using his first name because I did not get permission to broadcast his win. If you were to ask me if you could get a levy released by sending a Freedom of Information Act request, I would tell you no. Hey, I take wins anyway they come. I am sure you do as well.
Ø Bobby S, an air traffic controller in Sacramento, bought my IRS Levy Thumper package. The levy was going to take effect in short order and Bobby did not want to miss any paychecks. Instead of writing a letter noticing them of his intent to sue, because of the shortness of time, he hit the phones and started calling the IRS and explaining to them the error of their ways applying the principles in the package orally instead of in writing. I think it was the third call he made that the lady on the other end said, "Let me take care of this for you." She released the levy. Bobby called me up all excited. He tells me, "I couldn't have done it without you. Use me as a reference if you need to."
Ø A friend of mine, who sponsored me on internet radio for a while, heard me talking as a guest on my friend's internet radio program. The topic was removing liens and levies. He called me up after the program was over and told me, "Remember, I bought one of your packages? They were levying my Social Security. I sent a letter in like the one in the package and all my checks since then have been for the full amount."
Ø A guy named Colin called me. He is in California and had been notified that the Franchise Tax Board would be levying his funds. He wants to know if he can use the Levy Thumper package to stop the levy. I tell him no, but that he could use the same principles that could probably be found in state statutes and code. I ran a few searches for him in www.versuslaw.com, a case-law data base, for California just to get an idea of whether my suggestions to him were valid. I got around a hundred hits on each of the words abatement, "under protest", and a couple more words and phrases I tried which told me I was on to something. We hung up and he set out to stop his levy. A few weeks later he called me back all excited. His research showed him a way to stop the levy under California law; he pursued it and was successful. He wanted to know if I would trade him my IRS Levy Thumper package for his Franchise Tax Board research and paperwork. Since I get calls about them all the time, I said YES! We made the swap.
Ø I got a call from a guy also in California named Lee. His wife is in the medical profession and has been notified that the Franchise Tax Board intends to levy her pay. Without having read it, I offer to sell him Colin's research (Colin knew exactly what I planned to do with it.). Lee takes me up on it and I forward it to him. He reviews it; understands what Colin did and implements it. A week or two later I get a call from Lee. His wife is getting her full check; everything is swell!
Ø I get an email from a guy in the South. George is trying to refinance some property and discovers an IRS lien blocking the refinance. He had a defunct business whose comptroller had failed to remit withholding which resulted in a lien against him. He called me up wanting to know what could be done. When I learned this took place more than ten years ago a thought came out of the faint recesses of my mind that this lien might have had a self-releasing provision on its face. I encouraged him to head down to the recorders office and actually look at the face of the lien. He wrote me an email that said, "I want to thank you so much. You where correct it was a self releasing lien. The county would not still release the lien from land records even though it said the document itself was the release after the specified date. I spoke with the IRS and they confirmed it in their system and are mailing me the release form to take to the county. I will send everyone I run across to you."
So join Barry on this pre-recorded call this week
with a view toward getting a win for yourself!
TOMMY CRYER COMMENTED ON MY EMAIL ABOUT
GOING ON THE OFFENSIVE AGAINST THE IRS
BEFORE HE DIED!!
Tommy wrote [I add the emphasis]: “I know Barry and he's a serious researcher and dedicated patriot. He's onto something here that I've been advocating for a long, long time. We cannot win by letting the enemy choose all the battles. We have to pick our own battlefields and our own cases. And we can't gain ground defending. We have to go on the offense.
“Lawsuits such as 7433's and 7431's, as well, can go a long way toward, just as Barry puts it, "giving them an attitude adjustment".”
In this country the sovereignty devolved in the people and it remains in them! Come on the call and let’s talk about exercising that sovereignty.
In a previous email I discussed the beneficial features of Section 7433:
If, in connection with any collection of Federal tax with respect to a taxpayer, any officer or employee of the Internal Revenue Service recklessly or intentionally, or by reason of negligence, disregards any provision of this title, or any regulation promulgated under this title, such taxpayer may bring a civil action for damages against the United States in a district court of the United States.
But, subsection (d) provides limitations:
(1) A judgment for damages shall not be awarded under subsection (b) unless the court determines that the plaintiff has exhausted the administrative remedies…
As some of you know, I’ve been a proponent of using the exhaustion requirement to our advantage. 26 CFR 301.7433-1(e) provides:
An administrative claim…shall be sent in writing to the Area Director, Attn: Compliance Technical Support Manager of the area in which the taxpayer currently resides.
Administrative Claim Letter Success:
Letters sent in compliance with this provision have met with some success.
In all, I am aware of seven instances where levees were released after one of these letters was sent.
I had always said that there was a possibility that somebody would get a check as a result of these letters. A while back that actually happened. Somebody combined my lien and levy research in their letter and got a check back for over $6000 of wrongfully levied funds from the IRS.
Government Does Not Want More Litigation:
I recently got some additional insight as to the distastefulness of litigation to the government when I read the book The Price of Loyalty by Ron Suskind, Simon & Schuster Paperbacks, 2004. The book is about Paul O’Neill’s 1.5 year stint as Secretary of the Treasury. In the book he discusses how big corporations and big government, with all of their attorneys and resources, do not want more litigation. An administrative claim for damages, or notice of intent to sue, gives us an opportunity to take advantage of the government’s distaste for litigation and overwhelmed legal departments.
Success after the Suit has been Filed:
Listen in to this call and discover how:
o Mrs. Shaw received a refund of all the money collected, and the remaining tax liability was abated.
o The government dismissed the criminal action against a 7433 plaintiff.
o The IRS returned a seized Cadillac.
o The plaintiff's tax liability "was resolved in the plaintiff's favor in tax court.
o An injunction restricting state court filings was vacated.
o Improperly levied funds were returned.
o The government conceded that an assessment was erroneous and released its liens.
o In the 5th Circuit case Gandy Nursery v. U.S. where $388,500 in damages were awarded and $317,738.50 in costs and attorney's fees; plus, post-judgment interest on the $16,800.
You may want to review the statute and the regulation which are here: http://www.law.cornell.edu/uscode/text/26/7433
and here: http://www.law.cornell.edu/cfr/text/26/301.7433-1
My research packages amount to what I call a “shortcut to competence”. If you follow the statute and the regulation there is somebody on the other end that is going to be reading your letter. Because of this, you want your letter to display a certain degree of competence. It must appear in your letter that you’ve done your homework. A competent letter is the shortest route to success; and may save you from having to file suit.
For those who listen in on the call I am going to bundle and discount all my research. That’s how I like to do it, bundle and discount with some big savings! My bundle will include:
Ø My Lien & Levy Thumper Packages
Ø IRS Terminator for Collection Due Process Hearings
Ø An hour long MP3 on errors made in CDP hearings
Ø Frivolous Return Penalties Research
Ø Bear’s Online Legal Research Video
Ø Golden FOIAs.
Ø My due process quotes (Key to getting IRS personnel fired! Or, at least manipulating them using a legitimate threat.)
Ø 901 paragraphs on civil rights suits
*Plus, this time I’m throwing in a legal research video on how to use Google Scholar!
All in one bundle and at a substantial savings to be announced on the call.
I hope this email has been some help to you and given you some hope. See you on the call.
 The Supreme Court has held that there are two kinds of taxpayers: 1) the taxpayer from whom the tax is sought to be collected; 2) the taxpayer that is subject to the Internal Revenue Code. The court held that a non-taxpayer could not be deprived of remedies under the Code by virtue of that status.
YRIITL has been serving the American community for over 7 years to secure the very best in Information Providers to assist you and teach you to deal with court related matters. Our Students are simply the best informed, bar none.
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Contact: Martin Michaelsson: MM@YourRemedyIsInTheLaw.com
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