Friday, February 18, 2011

Mortgage Tax Illegal?

Mortgage Tax Class Action Lawsuit against Credit Union could have Multi-state Impact

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"Thousands of local homeowners have been charged millions of dollars in taxes in what a local credit union says is a violation of federal law — and the U.S. Department of Justice agrees.

A pair of lawsuits pending in state and federal court could return millions of dollars in taxes to the homeowners and the credit union, but take the money away from the state, counties and towns in the process."

"They claim the act that created federal credit unions prohibits such taxes.

Ironically, the credit union filed a lawsuit last year against the New York state Department of Taxation and Finance for the same reason.

The credit union is asking the state for its money back, and the borrowers are asking the credit union for their money back.

The suits have the potential to mean cheaper mortgages for consumers who use credit unions, but also less revenue for the state, counties and towns. And since some other states also charge the tax, the case could set a precedent credit unions elsewhere could use to file lawsuits of their own."


http://www.recordonline.com/apps/pbc...29/BIZ/5290327

__________________
Kill the Contract $$ Bullseye, "thin the herd".

Tuesday, February 1, 2011

De-Fang the IRS

with this Serious Plan

The Plan Benefits:
Won't make you into a target
Cheap
Do-able
Easy Powerful Already under way - thousands participating nationwide Fits your schedule
Backed by savvy, able legal minds with over a century of experience
Needs YOUR participation
Attacks the problem (ignorance of the truth), not the IRS
Attacks with the truth, not Patriot Myths

The Plan Sponsor - Tom Cryer

Shreveport, Louisiana attorney Tom Cryer beat the IRS in July 2007 on two counts of willful failure to file a tax return. Read about him, his success, and the PLAN here:


http://en.wikipedia.org/wiki/Tom_Cryer

http://truthattack.org/


Tom recently commented in a discussion of patriotic Americans who seek solutions to the perplexing propensity of US Government to overstep its bounds by turning Americans into serfs. You see, many propose patriot myths as legal theories that not only fail in court but make people of good sense consider the myth supporters as idiots deserving of whatever fate Government thugs want to hand them.

The IRS constitutes the worst and most brutal group of government thugs on the planet because they steal the wealth of hundreds of millions of people through through trickery and an unlawful implementation direct taxation of people who actually have no tax liability.

The Plan Overview

Tom presented, for the umteenth time, a summary of his TruthAttack plan to the group, along with an exhortation to GET INVOLVED. He wants YOU to take "Meaningful Action," NOT merely sit on your butt and complain, or moan AFTER the IRS has stolen your assets and put you in poverty with abusive interest and penalties which YOUR CONGRESS authorized.

I have revealed Tom's comments below, for he intended that we pass this plan to EVERYONE POSSIBLE, in and out of government. I encourage you to


Read it
Heed it
Join it
Support it
Promote it
DO IT.

January 29, 2011 3:29 PM

To: America

[Regarding] "meaningful action"... Few problems have been talked away. Symbolic gestures and posturing never won a battle, either, except for the bogus "cannon" made of tarred logs and wagon wheels that were "deployed" in abundance on Coates Bluff below Shreveport on the Red River. The Union gunboats took one look and hightailed it. Now it's a National Guard post called Fort Humbug. But in this case it is going to take, as you point out, meaningful action. A lot of people sit idle because they don't believe they can make a difference. Others sit idle because they are frightened, so they rationalize their cowardice, pull their covers over their heads and pray the beast feeds on someone else that night. That's no way to live, is it? There needn't be any fear, though, because there is a soft underbelly where the beast is helpless, unable to respond. On the legal and administrative side it has fangs and talons and it has the court and the DOJ to help hold you down as it strips the flesh off you. But its most valuable edge is also its most vulnerable--the lies and myths it uses to hypnotize millions of working families into offering up their hard earned money as sacrifices to the godlets of terror and intimidation. When we strike at their lies and myths they are powerless because that is a Truth fight and it's conducted not to the willfully blind courts, but to the people, not in the cave, where the beast defines "reality", but in the broad light of day, where the people decide what to believe. It is never a good idea to take a knife to a gunfight, but in this case the beast doesn't even have a knife. It's empty-handed, totally without any truth to fight with. So those who think they can't do anything that will make a difference need to think again. And those who are trembling under their yellow fringe, UCC and admiralty excuse blankets need to poke their heads back out and man up, because the beast is no more great and mighty than the old man behind the curtain pretending to be the great and mighty Oz. I hope you will forgive my recycling, but time for me is always in short supply. I responded to an email recently asking what the writer could do, because he could not see where anything can be done that will have an impact. I didn't cover everything, but I did give him a short list of some of the many things we can all do without major expense, without major effort and, most of all, without any fear of injury. Here it is, complete with the attachment referenced in the note: There are a lot of ways to do more good for our country and harm to the beast where it can't touch you than you can fighting it heads up. When you attack the lies and myths they use to hypnotize the public they are helpless. There isn't a single thing they can do about it. Start with those listed out in the What I Can Do page on the web site (www.truthattack.org). Then go up to the top menu and click "enlist" and join TA so that you'll start receiving the newsletter. It doesn't come out every month, but every issue has a number of new things you can do. Then go back to the top and click Request Flyer. We'll send you fifty powerful flyers and a display stand for them free, postage paid. Take those to a local business you know, preferably one with a lot of traffic, and ask if you can put it out near their cash register. It can be a C-store, liquor store, restaurant, anywhere that has a lot of exposure. I left one at my barber's shop yesterday, and with five barbers in that shop that translates to a lot of customers every day. I have another at the register of a popular lunch cafe that serves lunch to hundreds every day, and they all check out at the register where those flyers are prominently displayed. When we send you that we'll also throw in a couple of dozen stickers. Every time you fill up put one of those on the gas pump right over the numbers showing how much you've bought or some other conspicuous site, like the credit card scanner. When you buy a snack or drink from a vending machine, put one on the machine where it will get noticed. The stickers are easy to remove, almost like a static cling sticker, so do no damage. Every day tell someone, anyone, about the income tax fraud. People talk about what they hear about, so make sure someone hears about it every day. You would be amazed how far those ripples go. Go to the donate page and set up a monthly contribution, small or large matters not, since no amount is too much to pay for freedom and no amount is too small to make a difference. As soon as registration for Operation Stop Thief IV opens up, register, and recruit some friends to help hand out flyers at the post office on April 15. It doesn't take many. One can do it, in fact, but it's a lot more fun with a group, some holding signs and others handing out flyers. When you register you will be able to download the entire OST package, including detailed instructions, do's and don't's, a checklist, a sample Press Release (which you can distribute to all your local media through the PR tools on TA's web site) and the two sided flyer you can burn copies of to hand out. I'm attaching a one page flyer aimed at waking lawyers up. The bar is the public's eye through which it "sees" the law. If we change what that eye sees, we'll change what the public sees. Pull out your yellow pages and turn to attorneys. You don't even need envelops, just fold the flyer into thirds, just as though you were going to put it into an envelop and staple it shut. Then go down the list of attorneys in your yellow pages and address them. Do five or ten a day and mail them out. In no time you'll be putting that ad in front of every attorney in your town. Some will trash it, but most will not be able to resist reading anything that says $100,000. After all, they're lawyers, aren't they? Make a list of any and all IRS agents you've had contact with, writing down their name and mailing address and send me the list. We're making them a special gift that will rot their socks. Look at Operation Trojan Horse and you'll see why we need those names and addresses:

http://www.truthattack.org/jml/index.php?option=com_content&view=category&layout=blog&id=38&Itemid=80

If that isn't enough to do let me know and I'll give you a few more, but you can imagine how fast the public will start to accept the truth when there are thousands of us out there doing those things I just described. Welcome to the TA team. On the legal side of meaningful action Larry Becraft and I along with Joe Banister and three other attorneys have recently taped a DVD addressed to DOJ prosecutors and every federal Tax Court judge, every federal district court magistrate and judge, every appellate court judge and even the Supremes. The DVD explains exactly why those in the legitimate Tax Honesty Movement are so committed in their belief that there is no law imposing liability for the income tax. The DVDs, both that done by Joe Banister directed at IRS agents (Operation Trojan Horse) and the one done by Joe and we attorneys directed at DOJ and the courts (Operation Innocence Revealed) will be accompanied by a companion CD that spells out the genuine THM positions on who is liable, who is required to file, what exactly does "income" mean and whether any "income" can be derived from personal earnings, what the limits of the federal taxing authority are and whether the exercise of a fundamental right, such as our fundamental right to earn a living through our own labor, is taxable. The presentation is over 70 pages, single spaced, the equivalent of a 150+ page book, and contains over 100 links to files on the CD consisting of full text cases, statutes, government documents and other exhibits backing up what is a very powerful and persuasive presentation of the issues. The companion CD is authored by all six men and their credentials will require the work to be taken seriously. This isn't coming from some bearded vagabond holding a "The End Is Near" sign on the corner or someone saying we are all vessels and our birth certificates are mortgages. In that small group of six men we have three cum laude graduates and an honor graduate, one member of the Order of the Coif, the most prestigious legal society in the world, one Hall of Fame inductee, one Fellow of the Pacific Justice Institute, one certified mediator, one certified moderator, one CPA, one certified business appraiser, one licensed to practice law in England, licenses to practice in eight states, admissions in over 50 courts and a total of some 170 years of experience in the legal and tax arenas. That is not the kind of group of men and minds that can be taken lightly. We have to change the perception of the legitimate THM member as portrayed by the government's interlopers posing as fruitcakes running around spewing garbage and nonsense. So the DVD draws a clear and bright line distinguishing between the genuine, legitimate movement and what I call the Tin Foil Hat Brigade. The basic message is that, right or wrong, agree or disagree, those in the legitimate THM have good reason to believe and genuinely believe they owe no income tax, and according to the Supreme Court in Cheek that precludes any willful violation of the law on their part, making them innocent and entitled to the protection of, not prosecution by, the DOJ and the courts. While we're working on that perception, softening up the court and the justice department and, hopefully, causing them to start casting a jaundiced eye at the IRS's using them as terrorist patsies, we are also working in the courts to rectify the hostile and incredibly biased trial environment tax crime defendants are being subjected to. Tax crime defendants are not permitted to offer corroborative evidence of their beliefs, left to rely only on their verbal, but unsupported and unverified, testimony. That is wrong. The government is permitted to introduce repeated testimony to the effect that the defendant's beliefs are groundless, baseless, frivolous and unreasonable, and, thus, not genuinely held, but the defendant is not permitted to introduce like evidence to the contrary. That is wrong. The Supreme Court in Cheek held that it matters not why one believes he is not liable or required to file a return, but courts are instructing juries that if the defendant believes because he has turned a "willfully blind eye" to the "law", he should be convicted, his innocence notwithstanding. That is way wrong. So we are raising these issues and preserving them for appeal and we're pushing them hard. In a recent case in New Mexico Larry and I both tried together Larry, knowing the court would exclude them, offered up cases, books and writings the defendants had read that changed their beliefs to corroborate their testimony by proving that those authorities actually hold and provide as the defendant said they do. I attempted to put Joe Banister on the stand to rebut the government's testimony that the defendants' beliefs were "unreasonable". The court refused to allow us to rebut (Isn't that one of the ways of confronting government witnesses?) and would not allow Joe to testify. We proffered his testimony, given out of the jury's presence, where Joe testified as to the reasonableness and the reasons to believe that we are not liable, are not required to file, derive no profit (income) from our personal earnings and are engaging in a Constitutionally tax exempt activity when we work for a living. That proffer was powerful and made it clear that the testimony's exclusion, denying that powerful impact on the jury, cannot be a "harmless" error. The judge was stunned, the only word for it, but lacked the courage to permit the testimony. In that case the government waved its "Truth About Frivolous Tax Arguments" propaganda piece about, claiming that the defendants had been shown the "Truth" about their "frivolous" arguments, so "know" they owe and are required to file. Because of questions from the jury during deliberations we know that made a major impression on jurors. So with the help of the Brain Trust, Joe Banister, Larry Becraft, John Green, Peter Gibbons, George Harp and me, we have compiled a response, The Truth About The "Truth" About Frivolous Tax Arguments. Line by line, contention by contention, it exposes dozens of lies and misrepresentations of statutes and case law, showing that the IRS, not the THM, is being frivolous. We are making that available for every potential defendant to send to the IRS as part of the admissible correspondence chain. Test cases are in the making and even bigger, more powerful projects are on the drawing board and in the planning stages. So, not only is there a lot of meaningful action going on, there is a lot of meaningful action that all of us can do. A lot going on that devoted patriots like Joe Banister and the attorneys who gave their time (and donated money for) Operations Trojan Horse and Operation Innocence Revealed are doing and that everyone can help with by donating to cover the $100,000+ cost of distributing them and by providing names and addresses of agents. We can all do something and everything we do does make a difference. We need not be afraid, looking for something to hide under. We The People, by sitting idle, are deciding now what kind of country we live in. But we also have the right to change our mind and demand a free country again. We can whine and sling snot all day. We can wish we were lawyers all the while hating those who were willing and able to be what we wish we were and we can blame the courts or come up with excuses for pretending the government's abuses are lawful. We can allow government agents provocateur to keep us fighting among ourselves. We can allow our hormonal imbalances to lead us to call everyone names we don't even know how to spell. Nothing will change. But we can also choose not to do that. We can choose to fight together, ignoring our differences and even our hatred for lawyers. Stop yammering, folks. Those who want to can hate me all they like because I won't feel a thing, but while they're doing that they should choose their weapons from the arsenal above and wade into the fray. When you think about what's been going on lately with hate crimes, if you don't fight back they'll take away the right to hate me, a right I recognize and am willing to protect. We don't want to lose that right, do we? Then take meaningful action.

Tom

Wednesday, January 26, 2011

Obomba Reverses Stance on Off-Shore Tax-Havens, Sets Policy Encouraging More

Unintended Consequences: How U.S. Tax Law Encourages Investment in Offshore Tax Havens*

I. Introduction.

In his one-and-only speech on tax policy, President Obama expressed outrage that
U.S. taxpayers could organize and operate foreign corporations in tax havens to reduce their U.S. tax liabilities, and vowed to shut down the “loophole.” However, the Obama Administration has dropped the very proposal that the President introduced that day, and has since introduced proposals that actually encourage U.S. taxpayers to operate through foreign tax haven corporations to reduce their federal and state tax liabilities.


The magnitude of deferred tax is stunning. By one estimate, U.S. companies currently enjoy deferral for at least $1 trillion in offshore
profits. Economists estimate that ending deferral would generate between $11 billion and $60 billion of revenue each year,which could be used to reduce the corporate tax rate by 1.5% (from 35% down to 33.5%). The deferral is concentrated in the health care, information
technology and energy industries.

http://www.law.nyu.edu/ecm_dlv3/groups/public/@nyu_law_website__academics__colloquia__tax_policy/documents/documents/ecm_pro_067812.pdf

Tuesday, January 25, 2011

Lost Your Home? You May Owe the IRS

Even if you received no money from a foreclosure sale, you may have to pay capital-gains taxes on the phantom income. And that's not all.
If you thought a foreclosure ended the financial miseries associated with your former home, think again. You soon could be hearing from the IRS about taxes due in connection with the residence you no longer own.


Full article; http://realestate.msn.com/article.aspx?cp-documentid=13108456