https://famguardian.org/Publications/TheoryOfCommonLaw/TheoryOfCommonLaw.htm#CHAPTER%20II:%20CIVIL%20PERSON
Extortion, Fraud
In addition to defrauding the People by using
“Words of Art” to change the meanings of words, the IRS also uses the Uniform Commercial Code
(U.C.C.) as a tool of extortion to steal your substance under the
guise of law. The Legislative History of the Federal Tax Lien Act of
1966, P.L. 89-719, explains that the entire taxing and monetary systems were
placed under the Uniform Commercial Code. The U.C.C. is the code that
regulates all negotiable instruments. It was previously called the Law
Merchant and the Negotiable Instrument Law. The U.C.C. has been grossly
abused by the IRS. It is essential that we understand how the UCC
operates in order to have the upper hand in our dealings with the IRS.
The essential elements of the Commercial Law are good, being based upon:
- Good faith action.
- Clean hands doctrine.
- Fair business practices.
- Full disclosure.
- Duty of care.
- Just compensation.
- Equal protection of the law.
- Mercy.
- Grace.
The foundation of the Uniform Commercial Code
(U.C.C.) is Commercial Law. The foundation of Commercial Law is
based upon certain universal, eternally just, valid, moral precepts and
truths. The basis of Commercial Law is the Law of Exodus (i.e. The 10
Commandments) of the Old Testament and Judaic (Mosaic) Orthodox Hebrew
Commercial law. The Laws of Commerce have remained unchanged for at least
six thousand years and form the basis of western civilization, if not all
nations. This law of commerce therefore applies universally throughout
the world. Real Commercial Law is non-judicial and is prior and superior
to, the basis of, and cannot be set aside or overruled by the statutes of any
government, legislature, governmental or quasi-governmental agencies, courts,
judges, and law enforcement agencies, which are under an inherent obligation to
uphold said Commercial Law. Commercial Law is a “War of Truth” expressed
in the form of an intellectual weapon called an Affidavit.
An Affidavit is merely a written list of facts or truths signed under penalty
of perjury and usually notarized. The person composing and signing an
affidavit is called the “affiant”. It is “survival of the fittest” where
the last unrebutted stands triumphant.
In the Laws of Commerce, the eternal and
unchanging principle of the law are:
1. A
workman is worthy of his hire. Authorities: Exodus
20:15; Lev.
19:13; Matt.
10:10; Luke
10:7; II
Tim. 2:6. Legal maxim: “It is against equity for freemen not to
have the free disposal of their own property.
2. All
are equal under the law (God’s Law-Moral and Natural Law).
Authorities: Exodus
21:23-25; Lev.
24:17-21; Deut.
1:17, 19:21; Matt.
22:36-40; Luke
10:17; Col.
3:25. Legal maxims: “No one is above the law.”; “Commerce, by the law
of nations, ought to be common, and not to be converted into a monopoly and the
private gain of a few.”
3. In
commerce, truth is sovereign. See Exodus
20:16; Psalm
117:2; John
8:32; II
Cor. 13:8. Legal maxim: “To lie is to go against the
mind.” Oriental proverb: “Of all that is good, sublimity is
supreme.”
4. Truth
is expressed in the form of an Affidavit. See Lev.
5:4-5; Lev.
6:3-5; Lev.
19:11-13; Num.
30:2; Matt.
5:33; James
5:12.
5. A
matter must be expressed to be resolved. See Heb.
4:16; Phil.
4:5; Eph.
6:19-21. Legal maxim: “He who fails to assert his rights has
none.”
6. An
unrebutted affidavit stands as truth in commerce. See 1
Pet. 1:25; Heb.
6:13-15. Legal maxim: “He who does not deny, admits.”
7. An
unrebutted affidavit becomes a judgment in commerce. See Heb.
6:16-17. Any proceeding in court, tribunal, or arbitration forum consists
of a contest, or “duel,” of commercial affidavits wherein the points remaining
unrebutted in the end stand as the truth and the matters to which the judgment
of the law is applied.
8. He
who leaves the field of battle first (does not respond to Affidavit) loses by
default. See Book of Job; Matt
10:22. Legal maxim: “He who does not repel a wrong when he can
occasions it.”
9. Sacrifice
is the measure of credibility. One who is not damaged, put at risk,
or willing to swear an oath on his commercial liability for the truth of his
statements and legitimacy of his actions has no basis to assert claims or
charges and forfeits all credibility and right to claim authority. See
Acts 7, life/death of Stephen. Legal maxim: “He who bears the
burden ought also to derive the benefit.”
10. A
lien or claim, under commercial law, can only be satisfied by one of the
following actions. See Gen.
2-3; Matt
4; Revelation.
Legal maxim: “If the plaintiff does not prove his case , the defendant is
absolved.”
10.1.
A rebuttal Affidavit of Truth, supported by evidence, point-by-point.
10.2.
Payment.
10.3.
Agreement.
10.4.
Resolution by a jury according to the rules of common law.
Because truth is sovereign in commerce and
everyone is responsible for propagating the truth in all speaking, writing, and
acting, all commercial processes function via affidavit certified and sworn on
each affiants commercial liability as “true, correct, and complete,” attesting
under oath re the validity, relevance, and veracity of all matters stated, and
likewise demanded. Usually in written matters, such as on an IRS Form
1040, 8300, etc., voter registration application, driver’s license application,
notary form for document certification, application for a Treasury Direct
Account, and on nearly every document that those who run the System desire
anyone to sign in a commercially binding matter, signature is required under
penalty of perjury “true, correct, and complete.” In a court setting,
however, testimony (oral commercial affidavit) is stated in the judicial
equivalent by being sworn to be “the truth, the whole truth, and nothing but
the truth, so help me God.” As well the need for asserting all matters
under solemn oath of personal, commercial, financial, and legal liability for
the validity of each and every statement, participant must provide material
evidence, i.e. ledgering/bookkeeping, substantiating that each fact or entry is
true, valid, relevant, and verifiable. Without said acceptance of
liability and facts provided to support one’s assertions, no credibility is
established.
“Court of Appeals may not assume the truth of
allegations in a pleading which are contradicted by affidavit.
Where affidavits are directly conflicting on
material points. It is not possible for the district judge to “weight” the
affidavits in order to resolve disputed issues; except in those rare cases
where the facts alleged in an affidavit are inherently incredible, and can be
so characterized solely by a reading of the affidavit, the district judge has
no basis for a determination of credibility.” Data Disc, Inc. v. Systems
Tech. Assocs., Inc. 557 F.2d 1280 (9th Cir. 1977)
A major shortcoming in Codified Commercial Law
that the IRS likes to capitalize on is that an unrefuted claim is presumed to
be true. That is why the citizen MUST always and immediately respond to
any and all erroneous claims made by the IRS. According to Commercial
Law, the rebuttal must be made in 72 hours from the time of presentment.
The rebuttal for an erroneous tax bill can be as simple as, “I don’t owe this
and this is not a true bill of commerce.” One of the necessities of
Commercial Law is that all affidavits must be signed and attested to be “true,
correct, and complete.” The IRS cannot and does not attest its
“presentments” to individuals. When properly utilized, the ultimate
advantage in Commercial Law goes to the Sovereign who has the final,
unrebuttable truth on his or her side as an affidavit. By understanding
the rules that the IRS operates under, it becomes a simple matter to beat them
at their own game! Commercial Law is nonjudicial. That’s how the
IRS takes away Citizen’s property without a day in Court. However, Patriots
are currently using the non-judicial aspect of the Commercial Law to lien the
property of corrupt Government officials who do not uphold their oath and known
duty to support the Constitution.
The U.C.C. doesn’t acknowledge the sovereignty
of the people or the Bill of Rights. It only deals with paper.
U.C.C. §1-103.6 is your “recourse” from the U.C.C. into the Common
Law and the Bill of Rights . It states that the Code (U.C.C.) must
be in harmony with the Common Law , as follows:
The Code is complimentary to the Common Law ,
which remains in force, except where displaced by the code. A statute
should be construed in harmony with the Common Law , unless there is a clear
legislative intent to abrogate the Common Law …The code cannot read to preclude
[prevent or exclude] a Common Law action.”
There is a remedy, within the Uniform Commercial
Code that you can use to reserve all of your fundamental and common law rights
and remove yourself from the unjust provisions of the U.C.C. and other codes
which are contradictory or not in harmony with your rights and justice.
For example, such reservation retains your Common Law right not to be
compelled under a commercial agreement that you did not knowingly, voluntarily,
and intentionally enter into. Further, the common law is based upon
“justice, truth, and reason.” A reservation of your common law rights
also takes you out of the injustice of the absurd “presumptive law” where red
is green. Also, by reserving your Common Law rights, you can compel
the prosecutor in any case against you to file a valid “verified complaint” in
which he would need to bring forth a “party injured by your actions”. You
are also reserving all of your inalienable rights guaranteed by the Bill of
Rights , such as not being a witness against yourself, the right to be secure
in your person, houses, papers and effects against unreasonable searches and
seizures, the right to a jury, the right to not be held for a capital crime
without a grand jury indictment, etc.
There are three judicially recognized forms of
testimony – affidavits, depositions and direct oral examination. Unless
facts of any given case are verified by the testimony of a competent witness, a
judgment is void and can be vacated at any time. The principle has the same
application in administrative as well as judicial forums. In the event there
isn’t a competent witness to verify facts through one of the three recognized
forms of testimony, the decision-maker doesn’t have subject matter
jurisdiction. No judgment or ruling other than declaring lack of subject
matter jurisdiction can be made.
There are two essential elements to a case –
facts and law. In order to secure a favorable judgment or ruling, the advocate
must be able to prove facts of the case and then must prove application of law
to whatever facts he can prove. Where tax issues are concerned, the taxman must
prove application of taxing and liability statutes to the facts of any given
case. In the event he isn’t able to meet these requirements, he doesn’t
have a valid claim.
Through the years we have seen a variety of
sworn statements people described as affidavits. Unfortunately, most
break one or both of the cardinal rules that default affidavits. Affidavits
are testimony that set out facts. They cannot state conclusions of law
and they cannot be argumentative. If an instrument does either, it
doesn’t qualify as testimony, and regardless of what it is called, it doesn’t
qualify as testimony by affidavit in a court of law.
Due process in the course of the common law,
which governs the American system of jurisprudence, requires facts and law to
be established separately. The jury handles the facts
of the case and the judge usually handles the law. Only after both are
firmly in place can the trier of fact, which is usually a jury, determine
application of law to whatever facts are proven in the case.
Is an IRS examination officer a competent
witness who has first-hand knowledge of facts that would make him qualified to
sign an affidavit? No, examination officers rely on documents produced by and
testimony of third parties. In fact, in the context of examination procedural
rules published at 26 CFR § 601.105, examination officers are supposed to be
impartial; they are prohibited from favoring the government or the taxpayer
when making liability decisions. In the event that they receive a protest from
a taxpayer, they must resolve all contested matters of fact and law before
proceeding further. The officer can (1) directly resolve the controversy, (2)
request a national office technical advice memorandum, or (3) refer the case to
the appeals office. This basic mandatory procedure is reiterated in § 4.10.8 of the Internal
Revenue Manual. The only other alternative is to withdraw and/or rescind
whatever notice and demand he or she issued. Essential elements for examination
officer consideration are listed in § 4.10.7 of the Internal
Revenue Manual.
In order to be a valid, an affidavit must
satisfy the following four criteria:
- Must identify who the affiant
is.
- Must identify who the notary
is.
- All statements made must be
based on personal knowledge.
- Any statements made that are
false are subject to penalty of perjury within the jurisdiction of the
court that will try the case.
Affidavits cannot and should not make legal
arguments. They should stick to facts and avoid law as much as
possible. When composing affidavits, make either short, positive
statements of fact or negative averments. Place the burden of proof on
your opponent. Don’t cit authorities or incorporate materials by
reference unless you prepared the referenced material and it is signed and dated.
Do not make a statement like, “I am not a taxpayer”—that’s an opinion.
Instead state, “I am not in receipt of any document which verifies that I am a
taxpayer owing a tax to the treasury”—that’s a fact!
Following is your recourse back into Common and
Constitutional Law:
(a) A party that with explicit reservation of
rights performs or promises performance or assents to performance in a manner
demanded or offered by the other party does not thereby prejudice the rights
reserved. Such words as "without prejudice," "under
protest," or the like are sufficient.
This “Reservation of Rights” can be exercised by
making the following notation above your signature on contracts and agreements
and other documents requiring your signature:
“All Rights Reserved, Without Prejudice
UCC 1-308”
Or
”Without Prejudice UCC 1-308"
Under the UCC, the effect of reservation is the
preservation of whatever rights the person then possesses and prevents the loss
of such rights by application of concepts of waiver or estoppel.
Your greatest protection is provided by
reserving your rights in writing, preferably on every document you sign.
However, the U.C.C. does state that it is not a requirement that such
reservation of rights be written but they must be explicit. Explicit
means fully and clearly expressed or demonstrated; leaving nothing implied.
The common debtor Citizen, or someone interested
in the rights of American Citizens did not write the Uniform Commercial Code or
its predecessors, the Law Merchant or The Negotiable Instrument Law. The
history of this Code shows that it was originally created by “barbarians” to
codify and give the semblance of legality to “robbery” by the creditors!
These documents were written by and for the benefit of creditors, without any
“separation of powers” protections, without due process for the debtor, and
without respect for any equity the debtor may have invested in property that
the creditor may seize XE "ENFORCEMENT:Seize" . Therefore, it
is imperative that you always reserve your rights on all signed documents.
You can view the Uniform Commercial Code
yourself on the web at:
The law library should carry two editions of the
U.C.C. compiled by two different publishers. The version that is used
here and is the easiest to understand is the Anderson version. It is
written in plain English.
Older freedom books refer to UCC 1-207 instead
of UCC 1-308. UCC 1-207 was repealed in 2004 and is now replaced with UCC
section 1-308.
The Notary Protest Method (NPM) is an
administrative technique based on the Uniform Commercial Code (UCC) that
involves the presentment of strictly commercial negotiable instruments to
financial institutions such as banks, creditors, mortgage companies, etc.
Commercial negotiable instruments include things such as promissory notes,
bills of exchange, bonds, and checks. The NPM method provides an
administrative, nonjudicial method that uses a notary public to create
certified, court-admissible evidence that the financial institution has
dishonored a financial instrument that you want them to accept. Statutes
exist on the law books in many states documenting and regulating how and under
what circumstances this method may be used in several states. If you go
on the internet and search for the phrase "notarial protest", you
will find that this is a procedure used all over the world.
In the tax honesty movement, the most
commonplace situation you will have to deal with is the stubborn, overworked,
and incompetent government bureaucrat or agency that either ignores or refuses
to respond to your correspondence relating to no nliability. The Notary
Protest method has been adapted and modified for use in such situations against
the IRS and your state taxing authorities in a revised process we call the
“Notary Certificate of Default Method (NCDM)”.
WARNING:
We caution that you should be very careful not to
mistakenly call this modified administrative procedure the “Notary Protest
Method” because it does not relate to commercial
negotiable instruments and because if you do, you could actually cause the
state to pull the license on the notary you are using. State laws
regulating notary publics are very specific and a notary can get in trouble
with the state for improperly executing the Notary Protest Method documented in
their statutes. When you also consider that you may attempt to use the
notary protest method against state taxing authorities and these are the same
authorities who license notaries, then you want to keep your notary public’s
whistle very clean so they aren’t the object of state retribution for any
reason. Therefore, be very careful in the language you use to describe
what you are doing by not calling it the “notary protest method”.
Several individuals claim a 100% success rate
against state taxing authorities and the IRS using the Notary Certificate of
Default Method, and we therefore encourage its use. The reason it works
is because it is the same technique used by the IRS! There are several
approaches similar to it, which are called such names as:
- Nihil dicit judgment
- Default judgment
The approach is most effective within the
administrative realm, but it is also effective in a litigation environment as
well when properly used following a court judgment. The basis of this
approach is the Bible and common law. Jesus said in the Bible in Matt.
5:25 the following:
“Agree with your adversary quickly, while you
are on the way with him, lest your adversary deliver you to the judge, the
judge hand you over to the officer, and you be thrown into prison.” [Matt. 5:25, Bible, NKJV]
When Jesus said above to agree with your
adversary, He didn't necessarily mean to unconditionally agree
with them: you can always conditionally agree with the
person you have issues with. When you make a conditional agreement, then
you in effect have honored their request but imposed conditions to your
performance of their request. If they respond by saying that they won’t
meet your conditions, then they have defaulted and dishonored your presentment
and you are then legally entitled in a court of law to a default judgment or
summary judgment in your favor and against them. To further explain how
this technique works under the Uniform Commercial Code, if a person presents a
financial claim against you under commercial law, then you have exactly four
options for responding as follows and you must pick one:
Sorry for misprint on tables 8-2 and 8-3
Table 8-2: Responses to a claim under the UCC
#
|
Result of your action
|
Your Response
|
Obligation on claimant to get his
claim satisfied
|
1
|
Honor
|
Perform or provide what is
demanded
|
None.
|
2
|
Honor
|
Conditional acceptance
|
Must perform under the conditions
you set in order to have a claim against you and if the claimant won’t, then
they have dishonored your offer and defaulted, and must also surrender the
right to their claim against you.
|
3
|
Dishonor
|
Say you won’t perform and raise a
legal issue
|
Since you have defaulted and not
disputed the basis for their claim, then the claimant can get a court
judgment against you for the amount demanded.
|
4
|
Dishonor
|
Remain silent
|
Since you have defaulted and not
disputed the basis for their claim, then they can get a court judgment
against you for the amount demanded.
|
The key to making this technique work is to make
your counterclaim or the conditions of your acceptance reasonable and lawful in
the opinion of a judge and a jury. The more conditions you place upon
your acceptance, the more difficult it becomes for the claimant to comply and
therefore the less likely it is that he will comply and thereby make it
necessary for you to perform in accordance with his demands. When
applying this method to the IRS, all you are wanting is verification that you
owe the debt they say you owe, that they have lawful authority to collect the
alleged debt and institute enforcement actions, and that they have followed all
relevant law and administrative procedure in the process of establishing the
assessment, notifying you of it, and collecting.
Several people and organizations have been using
the Notary Certificate of Default Method. Victoria Joy from San Diego,
California is one of them. She held a seminar in 2002 at the American
Rights Litigators (ARL) office (http://www.eddiekahn.com/) on the Uniform
Commercial Code (UCC) and Notary Protests. ARL had her do a seminar for
them because she claimed to have a 100% success rate in court using her method
of using the UCC and Notary Protests. October 2001 was when she started
the process. Unfortunately, Ms. Joy's processes aren't documented because
Ms. Joy had ARL sign a nondisclosure agreement that limits what they can sell
or talk about.
When you boil it all down to its fundamental
elements, dealing with the IRS or the government essentially becomes a game;
and in this game whoever dishonors the other person first in
commerce is the one who loses. There are two ways in which you can dishonor
someone transacting with you. You do so by either giving them argument as
to why they are wrong or you remain silent over the period of time that you
can't be silent. Ms. Joy's strategy is to let your adversary dishonor you
by getting them to argue with you or ignore you. Once they do that you can then
go for an administrative judgment against them through the process called the
Notary Certificate of Default Method. However, if you dishonor your
opponent first then you are the one who loses. Thus, the premise is, you must respond
to your adversary and you must agree with them conditionally at all times.
The Notary Certificate of Default Method has a
way of almost forcing the IRS, any government agency or even a private
individual to dishonor you in their interactions with you. This is done
through a sequence of notarized correspondences between you and your opponent,
which is akin to getting an administrative judgment against someone. The
person granting the administrative judgment is the notary who is supervising
and monitoring and enforcing your interactions with the third party that you
are corresponding with. They provide legal proof that you sent the
conditional acceptance to the third party and proof that there was no
response. Since they are notaries and notaries are officers of the court,
then an officer of the court certifies with a notarized affidavit provided to
you that you sent the conditional acceptance to the claimant and that there was
either no response or a dishonor of your offer. The notary is identified
in your correspondence as the proper person for the claimant to respond
to. The notary then awaits the response of the claimant and when they
refuse to respond, then a notarized affidavit from the notary is provided to
you indicating they defaulting and granting an administrative law judgment
against the claimant that you can take into a court of law to get a summary or
default judgment against them.
The Notary Certificate of Default Method
provides a very good way to keep your dealings with the IRS and your state
taxing authorities at the administrative level and prevents them from needing
to escalate to the court level for resolution. Whenever the IRS disagrees
with our position on something we are supposed to be able to get an
administrative law judge review, but it never happens. A NCD method is an
administrative process done by a notary that one can use to get a remedy to a
problem administratively. Notaries are officers of the court and as such
they have much power in that position, although most notaries don't realize
that.
There are many things that a conditional
acceptance must request as a proof of claim from the IRS. Ms Joy,
for instance, asks for something like 70-90 different proofs of claim. By
making the proof of claim required exhaustive, you overwhelm the IRS by requiring
them to produce so many things to meet the burden of proof that there is just
no way they will ever respond. In that way, you can practically force the
IRS or others to dishonor your conditional acceptance in their transaction or
commerce with you.
Where does the NCD method
come into play as far as IRS agents are concerned? Well, anytime an IRS
agent contacts you it's always for one of two reasons. They will either
be asking for performance if they are an examination agent or asking for money
if they are a collection agent. So, when they contact you that means they
have made a presumption that they have a claim on
you. When you conditionally accept the agent's claim upon proof of claim
that it is legitimate, they must either come up with the proof or dishonor
it. If they dishonor it, then you send them a notarized “Notice of
Default and Opportunity to Cure” letter notifying them that they have defaulted
and thereby agreed to your position and you state in the notice that you are
giving them one more opportunity to cure the default before the judgment is
final and is not appealable. If they refuse to respond to the Notice of
Default, then you send them a notarized certificate of default via certified
mail. You retain the certified mail receipts for all
correspondence you send, and the notary
signature on the documents you send allow the documents to be directly
admissible as evidence in a court of law.
What about past issues with the IRS? Let's
say you argued with the IRS in the past where you already went against the
biblical principle in Matt. 5:25 of not arguing with your adversary. Is
there any way to go back and revisit that past issue using her method? Yes, it
is possible. Nothing is ever closed, because you can always correct your
mistake by doing a conditional acceptance. The way you reopen the past
issue is by asking the IRS for an accounting of the particular tax year in
question. They will give you what they say you owe and at that point you accept
it conditionally and go through the notarial protest process.
At the UCC seminar described above, Ms. Joy
showed a recent example of how she did a NCD on Budget Rent A Car. She
rented a car from that company for a price that was supposed to be only $45,
but they charged her something like $180 instead. Budget wouldn't refund
the overage even when she showed them that what she signed said the price would
only be $45. So, she went through the NCD method just like she would with
the IRS. She accepted the $180 claim they made against her upon proof of
claim that she did not sign that document that says it would only cost her $45.
There was more to it than that, but that is the gist of what she did.
Anyway, now that she has her certificate of default in place, she is currently
asking Budget Rent A Car to allow her to put them on a UCC-1 lien. Of
course, the company is not going to agree to that. But after she asks
them that then she can go ahead and do it anyway since they will have lost at
the administrative level. The amount that she is going to put on the lien
will be much higher than the amount Budget charged her. Evidently, she
will be including damages as part of her UCC-1 financing statement. Once
she gets that UCC-1 filed, Budget's credit rating will go south. The fact
that notaries can do an administrative adjudication like that represents a lot
of power. That's why this process is kept low-key in the notary
community.
Anytime you deal with the IRS it's entirely a
commercial process because 27 CFR § 72.11 says violations of all
revenue laws are commercial crimes. That means any interaction that you
have with the IRS is a commercial process since it involves revenue laws.
Therefore, the laws of the Uniform Commercial Code apply there. That's
why the Fair Debt Collection Practices Act (FDCPA) applies when the IRS
tries to come collect from you; it's all commercial. Thus, the Notary
Certificate of Default Method is expected to be quite effective because it is
so similar to the notary protest method that state government authorize in
state statutes.
We encourage everyone to search on the internet
for notarial protest and see how many times it comes up around the world.
Here's another example of how powerful the process is in commerce. When
searching the internet we found a court case where someone put a UCC lien on
this ship after it docked in a harbor, which froze it from leaving. The
captain went through the process of doing a notarial protest and won by
default. That administrative judgment allowed him to take back his ship
and sail out of the harbor free and clear without the hassle and expense of
going to court. This just goes to show how effective the notarial protest
can be and why we should be more familiar with it.
When it comes to tax matters we are supposed to
have that kind of remedy with an administrative law judge review, but nobody
can ever get it. American Rights Litigators, for instance, has often
tried to get such a review for their clients, but the IRS would never give them
one. It says in 26
U.S.C. §7429 of the Internal Revenue Code that we can get an
administrative law judge review, but the IRS will just ignore you if you
request one. They never say, yes, but they never say, no, either. The IRS
did threaten to give Eddie Kahn an administrative law judge review once.
He told them he would love to have it, but evidently when they saw how
enthusiastic he was about it they never gave it to him. This occurred
years ago when the IRS tried to say that the attorney American Rights
Litigators (ARL) had at the time couldn't represent ARL's clients regarding tax
matters. They based their argument on the fact that ARL's attorney wasn't
filing any tax returns. The IRS tried to claim that he couldn't represent
anyone who wasn't filing tax returns if he hadn't been filing his. So, Eddie
and the former ARL attorney flew to Washington, D.C. where they met with a high
ranking IRS person and his attorney. The IRS attorney threatened them
repeatedly with an administrative law judge review for an official ruling on
the matter. But every time he did Eddie and the former ARL attorney
welcomed it. Well, after that meeting the IRS never redacted the former
ARL attorney's CAF number. Also, ever since then they have never again
tried to claim that ARL's attorney or CPA couldn't represent anyone due to
being a non-filer.
If you want to do a Notary Certificate of
Default yourself, you will have difficulty finding a notary who knows how to do
the process. According to Victoria Joy, there are only four types of
notaries that know how to do notary protests. They involve certain
notaries who work with debt collection companies, banks, real estate
companies. These people do notarial protests all the time, yet the
process is kept hidden from most other notaries. If they know how
to do notarial protests, then you can have them apply the same process towards
administrative dealings with the IRS, but just be sure you don’t call it a
“notarial protest” so you don’t get your notary in trouble or cause him or her
to lose their license.
When ARL began researching this NCD method,
Eddie had one of their notaries call up the American Notary Association.
He had her ask about how to properly do the notary protest process, but the
association tried to tell her that notaries couldn't do anything like that.
She pointed out the reference to notarial protests in the glossary of the
handbook for notaries, but they just said that was for banks and nothing
more. It quickly became evident that those people were not going to
divulge any information. Yet, when you go to the Florida statutes it says
that a notarial protest is one of the duties of a notary. ARL's notary called
before she looked at the Florida statutes though, which is why she didn't
mention anything about that.
Also, Ms. Joy talked in her seminar about how
she found a notary in California to work with and educated her on how to do the
Notary Certificates of Default. She had her notary call up their notary
association in California to ask about how to do the notary protest
procedure. The guy whom she talked to there told her she couldn't do
that. She mentioned to him that she had already found it in the
California statutes (see Commercial Code section §3505and Commercial Code section 1207), but he just
repeated that she couldn't do it. So, Ms. Joy had her notary call the
California Notary Association the next day and try a different approach.
This time she told the man that she had a client who was a non U.S. Citizen who
needed to do a notarial protest. When she mentioned non U.S. Citizen he
said, "Well, you didn't tell me that yesterday." Then
he told her about a place to go where they teach notaries how to do the
notarial protest procedure. This tells us that there is an effort to keep
just about everyone in our country ignorant of this process.
If you would like to learn more about the UCC
and how to use the Notary Certificate of Default Method, refer to a book
called: Cracking the Code, Third Edition.
HOW TO CRAFT GOOD CONDITIONS/QUESTIONS:
In crafting your conditions for proof of the
government’s claim, try to follow the below guidelines:
- The conditions should focus on
demanding a proof and evidence of
their claim that you are liable. This keeps the burden of proof on
your opponent instead of you.
- Avoid arguing the law and
stick to the evidence and the facts.
Remember that judges rule on the law and juries rule on the
facts in any court trial. You want to keep the judge
out of the dispute process and keep the jury in control of any legal
proceeding that might result from the dispute. Below are some
examples that show arguments about the law and a way to translate these
arguments into arguments about fact:
Table 8‑3: Legal arguments translated into arguments of fact
#
|
Example argument about the law
|
Argument translated into an
appropriate argument about facts
|
1
|
I am not a “U.S. citizen”
|
I am not in receipt of evidence by
the government demonstrating that I am a “U.S. citizen”
|
2
|
You do not have the legal
authority to assess me.
|
1. I am not in receipt of any statute and
corresponding implementing regulation that together authorize you to assess
me with a tax liability.
2.
I am not in receipt of the pocket commission or pocket commission serial
number for the assessment officer showing that he has authority to do an
assessment.
|
3
|
You can’t demand a tax return from
me because I can’t be compelled to incriminate myself in violation of the
Fifth Amendment.
|
I am not in receipt of evidence
from the government explaining how I can file a tax return without violating
my Fifth Amendment right to not be compelled to incriminate myself.
|
- Remember that if there are no
disputes between you and the government over facts or evidence or
proof, then judges have the discretion to deny you a jury trial because
all the issues are legal! A trial without a jury is called a summary
judgment and you want to avoid it at all costs! Once the government
shoe horns your case into the summary judgment category, the judge
has all the power, you are virtually guaranteed to
lose because he will be so corrupt that he will always rule in their
favor.
- A favorite trick of the
government is to stipulate to all the facts that you are in dispute with
them on so that they can get rid of the jury and put the judge and the
government completely in charge of the outcome. Therefore, you
should pick evidence and proof that is so controversial that your
government opponent would never want to stipulate
to it. This will once again keep the power in the hands of the jury.
- Keep the conditions and
evidence demanded as simple as possible and very straightforward.
This will ensure that even a jury can understand them and won’t become
confused by them, because that is who you want to rule on your
dispute. If the jury becomes confused and they have to ask the judge
for direction, they will be misled because the judge will be on the
government’s side in nearly all cases regarding taxes.
- The purpose of the conditions
is to eliminate damaging and incorrect “presumptions” and “assumptions”
that the jury and the judge and the government are likely to have about
the tax system. We know from our discussion of “presumptions” in
section 2.8.2 of the Great IRS Hoax that there are many false
presumptions people make about income taxes. Focus your questions on
the core issues about these presumptions as much as possible so that the
jury will be alerted to the cognitive dissonance that compliance with the
tax laws puts you into. This will really get the jury interested and
encourage them to demand answers from the judge that will put the judge in
a very compromising position. The jury will see that you as an
American who just wants to follow the law can’t follow all the laws
because they are simply inconsistent with themselves if you follow the
“presumption” that federal personal income taxes are lawful within the 50
states of the union.
If you are looking for good questions or facts
to put into the affidavit you send the IRS as part of your notary protest, two
good places to start on our website are, in decreasing order of value:
- Tax Deposition Questions
http://famguardian.org/TaxFreedom/Forms/Discovery/Deposition/Deposition.htm - Test for Federal Tax
Professionals
http://famguardian.org/TaxFreedom/Forms/TestForTaxProf/TestForFedTaxProfessionals.htm
EXAMPLE APPLICATION TO CALIFORNIA FRANCHISE TAX
BOARD:
Here is a simple explanation of how a Notary
Certificate of Default Method works. Let's say the California Franchise Tax
Board (FTB) sent you a letter saying they determined that you owe $50,000. You
send back a notarized affidavit with a proof of service saying that you
conditionally accept their offer to pay that amount upon proof of claim.
Then you give them a list of what you want to see as proof, which shows that
you owed the money to begin with. By conditionally accepting their offer,
you make it to where there is no controversy between the two of you. Below is a
response that one of our readers sent to the California Franchise Tax Board as
a conditional acceptance that successfully got him out of over $100,000 in
income tax liabilities! They avoided him like the plague after they got
the below conditional acceptance:
Dear Gerald Goldberg:
Upon receiving the first letter from FTB it
asked for a 2000 California Tax return or provide an explanation why I was not
required to submit one. I sent an Affidavit of Material Facts to explain
why I was not required to submit a California Tax Return to FTB. FTB
wrote back via a letter saying they were ignoring my Affidavit and demanded I
file a California Tax Return. On 00/00/2002 FTB mailed a “NOTICE OF PROPOSED
ASSESSMENT” to me. I am returning your original “NOTICE OF PROPOSED
ASSESSMENT” as I do not want to retain FTB property unless Gerald Goldberg as
agent for the FTB meets the conditions within this conditional acceptance
offer.
In an effort to settle this matter in the most
efficient manner possible, I accept your demand to submit a California Tax
Return and agree to mail Gerald Goldberg agent for the FTB a
California Tax Return within fifteen (15) days after Gerald Goldberg of the FTB
meets all three (3) of the following conditions:
Condition 1- I agree to submit a California tax
return if Gerald Goldberg representing the FTB can show me how
I can file a tax return without waiving any of my “unalienable” 5th amendment
rights. I have received copies of my IRS IMF file showing my file was
submitted to IRS CID which most likely means I am being criminally
investigated. As a layman, there is no way I can be presumed to know if a
piece of information reported on a tax return would be incriminating to me or
not. Plus I have based my decision on advise from multiple legal
professionals which have been unable to tell me how to file a tax return
without waiving my rights.
1. XXXXXXXX, Counselor at Law
2. XXXXXXXXXXX, retired judge
3. XXXXXXXXXX, Attorney at Law
4. XXXXXXXXXX LL.D. of Independence
Research Service
5. XXXXXXXXXX, Attorney at Law
Condition 2- I agree to submit a California Tax
Return if Gerald Goldberg representing the FTB can show me how
I can file a tax return without committing perjury when I do not
understand all the tax laws and have know way to know if the tax
return is true or correct even if a tax professional prepared it for me,
therefore, I would be committing perjury to sign the tax return perjury
statement when I do not understand all the tax laws.
Condition 3- I agree to submit a California Tax
return if Gerald Goldberg representing the FTB can show me how
I can file a tax return without committing perjury when I am specifically
“without” the United States, therefore, any perjury statement I sign must match
the perjury statement shown in 28 U.S.C. 1746(1). I can not be required
to commit perjury to meet your demand to file a California Tax Return that uses
the perjury statement format from 28 U.S.C. 1746(2) which declares I am
specially “within” the United States, when I am not.
In a further effort to settle this matter in the
most efficient manner possible, I also accept your “NOTICE OF PROPOSED
ASSESSMENT” and agree to send Gerald Goldberg agent for the FTB
full payment within fifteen (15) days after Gerald Goldberg of the FTB meets
all of the following eight (8) conditions:
Condition 1- Provide the statute and enforcing
regulation which clearly and unequivocally requires me a native born Citizen of
the California Republic to submit a California Tax Return.
Condition 2- Provide the statute and enforcing
regulation which clearly and unequivocally makes me a native born Citizen of
the California Republic “liable” for California income tax when I specially DO
NOT volunteer to submit a California tax return and DO NOT waive my 5th Amendment
Rights by submitting and signing a California tax return.
Condition 3- Provide proof your “NOTICE OF
PROPOSED ASSESSMENT” is authorized by statute and enforcing regulation proving
FTB has authority to do a substitute return and issue a “Notice of Proposed
Assessment” to a native born Citizen of the California Republic.
Condition 4- Provide proof your “NOTICE OF
PROPOSED ASSESSMENT” as calculated by the FTB using the single individual
status is accurate.
Condition 5- Provide proof your “NOTICE OF PROPOSED
ASSESSMENT” as calculated by the FTB using no dependents is accurate.
Condition 6- Provide proof your “NOTICE OF
PROPOSED ASSESSMENT” as calculated by the FTB relying on the National Investor
Services Corp reported 1099 figures, as your basis of fact, does indeed contain
accurate figures regarding me.
Condition 7- Provide the statute which show
clearly and unequivocally that the National Investor Services Corp 1099 is
reporting a “privileged” activity that created a taxable “source” income for me
a native born Citizen of the California Republic to be subject to California
Income Tax.
Condition 8- Provide proof your “NOTICE OF
PROPOSED ASSESSMENT” is supported by FTB Form 2966 Certificate of Tax Due and
Delinquency which has been properly dated and executed by an authorized
representative with the state seal affixed as required by law to provide a
proper tax assessment liability.
Gerald Goldberg as representative for the FTB
you have fifteen
(15) days from receipt of this conditional acceptance to respond to this
conditional acceptance, on a point by point basis, via sworn affidavit, under
your full commercial liability, signing under penalty of perjury that the facts
contained therein, are true, correct and complete and not misleading. Declarations are an insufficient
response, as declarations permit lying by omission, which no honorable draft
may contain.
Gerald Goldberg your failure to respond and any
activity by FTB proceeding to secure payment on the “NOTICE OF PROPOSED
ASSESSMENT” before responding to this Conditional Acceptance shall be deemed as
agreement with the facts stated in the attached Affidavit and shall be deemed
an automatic dishonor of this conditional acceptance, #7001 2510 0001 xxxx xxxx
and agreement of Gerald Goldberg to the immediate payment of $30,000.
Signed from “without” the “United States” in
accordance with 28 U.S.C. §1746(1). All rights reserved without
prejudice, UCC 1-207.
_____________________
Your Name
Encl: Verified Affidavit of Material Facts in
Support of Conditional Acceptance
Now, when someone sends the FTB a proof of claim
like that, the agency usually will not respond to it. Anytime the FTB does
respond though they will just send their "5th Amendment letter" that
isn’t signed so the person sending it can’t be held liable. That is where
they say they don't have to provide you anything and they aren't going to talk
to you anymore. They say that the courts have ruled this or that and
the 16th
Amendment allows them to collect taxes, etc. Well, when they
refuse to answer or give evasive responses like this that is what is called a
dishonor. Once they dishonor you no matter whether it's done through
silence or done through anonymous argument, either way it's a dishonor.
The Uniform Commercial Code says that when there is a dishonor, they are in
default and you can get a judgment against them in court if you have evidence
of the default..
At that point, you can go to a notary and show
them that you gave the FTB ten days to take your acceptance of their proposal,
yet they dishonored it. You tell the notary that you want them to contact the
FTB for you in their capacity as a notary and ask the FTB to accept your
offer. So, the notary takes it upon themselves as an officer of the court
to contact the FTB. They notify the FTB that you came before them and
signed a statement declaring that they dishonored your conditional offer. Then
the notary asks the FTB to send their acceptance of your offer back to
them. When the FTB doesn't do it within the time allowed the notary
contacts them a second time. Then when the FTB dishonors the notary again
with their silence the notary gives you a notarized certificate of
default. Once you have such a certificate, it is equivalent to an
administrative judgment.
You can then go to the FTB and tell them they've
dishonored; therefore, they've lost. Then you ask for their permission to put
them on a UCC-1 financing statement where you will now get your judgment from
them. The FTB will usually ignore you here too, but it doesn't matter
whether they give you permission or not. You can put the FTB on the UCC-1
financing statement anyway because you have an administrative judgment via a
notarized certificate of default. With a notarized certificate of default
in hand you can hit them for damages with a UCC-1 lien.
For reference, a proof of claim is any document
signed under penalties of perjury or that is notarized which can be presented
in a court of law as evidence of either acceptance or default. Signing
under penalties of perjury means they swear that their presentment is true,
correct and complete, yet the FTB never does that. The only time the FTB will
ever sign a proof of claim is in bankruptcy court. However, ARL proved that
anyone who signs a bankruptcy claim has no firsthand knowledge that everything
put down on such a claim is true and correct. The FTB always claims to have a
secured claim on a bankruptcy proof of claim; but all you have to do is
challenge them to produce the UCC-1 financing statement or the ORIGINAL NOTE
under the Fair Debt Collection Practices Act (FDCPA), which secures that
claim. Guess what folks, they don't have it! They operate entirely on
hearsay evidence that is inadmissible in court, and neither can the DOJ or FTB
attorney act as a witness against you in court.
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