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Patriot Network wins Bank Summons case
Brian F is from Colorado and he has been a true and dedicated patriot for many years. Not unlike many others, Brian received some bad advice on filing an OID return several years ago. The Patriot Network never advocates filing an OID and warns that such a filing will cause you great trouble.
Trouble is exactly what was facing Brian. It started with a simple request from the IRS for a "proper return" in October of 2010. Brian contacted us for assistance and began following our advice beginning with a Response to 30 Day Letter found on our website as well as a recall letter withdrawing the OID and filing a proper return per IRS regulations.
One would think that once the "proper return" was filed that would be the end of our story, but the IRS never makes it that simple! The bureaucracy continued to send Brian notices and letters demanding full payment of the money he had received from the OID return. Brian continued to correspond with them for many months trying to work out the difference in the amounts between what he owed them and what they owed him.
Brian then received a Notice of Levy for an astronomical amount of hundreds of thousands of dollars! The IRS' math was way off base as usual. Brian was now overwhelmed and contacted a tax resolution agency who helped him to get a CDPH hearing. Brian once again, thought he would be exonerated and this was going to be resolved, when he received a notification from his bank that the IRS wanted his bank records. Brian immediately recognized this as an invasion of his privacy, even though he had nothing to hide.
Brian requested the assistance of the PN Paralegal team who helped Brian to develop a strategy and file a Petition to Quash in the US District Court. The Petition alleged improper notification and that he had been cooperating fully with the IRS and therefore the records were not being requested in "good faith."
The IRS filed its usual motion to dismiss based on the lack of subject matter jurisdiction, but the Judge ruled in Brian's favor and Quashed the Summons!
This is a huge victory for Brian and the Patriot Network!
Brian has since paid back the correct amount originally refunded to him on the OID, but now faces an audit of his 2009 tax return. Brian is still working hand in hand with the PN to resolve this new situation.
PN Executive wins CDPH case
Our heroine wins again! The IRS failed to send our fearless leader a Notice of Deficiency and skipped right to the collections process.
When Kris Anne received a Notice of lien, she began her letter writing campaign requesting a Collection Due Process Hearing. The IRS responded with their standard rhetoric and form letters stating frivolous arguments were raised. Kris Anne continued sending the Appeals officer stating she had never received a Notice of Deficiency and that she wanted a face-to-face hearing. Our leader cited Collection Alternatives, OIC and other payment plans as valid reasons for a face-to-face hearing.
A hearing time was scheduled which was inconvenient to our busy executive and so she made the Appeals officer reschedule it. After 12 months of exchanging letters our leader received a notice stating she was correct all along and that no Notice of Deficiency had been issued to her and therefore a CDP Hearing was a moot point.
In the process our mistress did an FOIA request and found that a NOD had been printed and scheduled for delivery, but for some reason it was never sent out of the mail room of the IRS.
Kris Anne followed all procedural protocols and after a year of persistence the IRS conceded without going to tax court. The IRS must now start the process over by issuing a valid Notice of Deficiency.
New, exciting win in Tax Court
Patriot wins on Disregard Letter
Patriot Bruce in FL is being harassed by the IRS on a tax assessment plus a civil penalty. When Bruce was issued a Notice of Federal Tax Lien he timely and correctly submitted his request for a Collection Due Process Hearing. Bruce used the forms on the Patriot Network website and followed the instructions listed on our CDPH page.
Agent Shatraw from the IRS Appeals office in FL did not like Bruce and did not want to give our fellow Patriot a fair hearing. The agent wrote to Bruce demanding he rescind his "frivolous" positions. Bruce wrote back to Mr. Shatraw and told him if he could point out any frivolous positions he would gladly rescind them. Instead of the evil IRS agent guiding Bruce on procedural matters, the agent unconscionably issued a "Disregard Letter." This is a new type of letter that the IRS agents use so that you cannot petition the Tax Court to overturn their decision.
Bruce decided to try to Petition the court anyway as he is entitled Due Process of Law. The IRS attorneys moved for dismissal based on lack of jurisdiction, but our phenomenal paralegal team swung into action and helped Bruce to file a Surreply to the Government's paperwork.
After six months, the Judge decided that the tax court would retain jurisdiction and Bruce's case will be heard in court. This is a major victory for the Patriot Network and one that would make The Great One proud were he here!
To see copies of Bruce's paperwork, click here.
Many of you are aware that our founder, the great Dr. Robert Clarkson, passed away on March 1, 2010 after a short battle with stomach cancer. It was his wish that we all continue in the Patriot Movement together. The Patriot Network is as strong as ever with a team of paralegals ready and able to assist you, as well as a competent staff of web developers and many more folks that work behind the scenes. It is with great pleasure that our web staff has put together a memorial page to honor Dr. Clarkson so that we may all remember his many years of epic courage, heroic action, and caring fellowship with us. Please visit the memorial page today and click on the link to donate to The Robert Clarkson Memorial Fund to help keep the Patriot Network moving forward and assisting others in the cause of liberty. Business is good, but fees are still way too merciful. They are what the traffic will bear in this chaotic economic age, but do not cover the PN's many expenses. Contributions are urgently needed and greatly appreciated!
Dr. Clarkson donated his time and energy to helping many while he collected disability payments from the government as well as a military pension. These funds were used to pay his staff and other costs incurred for website maintenance, legal research, and vehicle expenses for his tours and meetings, etc. The current staff must now rely significantly on your generous donations to continue this work.
The economic situation has been devastating to all of us and we are all lacking in necessary resources. But that is the very reason that we should sacrifice and donate toward the work that Dr. Clarkson initiated. The Patriot Network is addressing the very problems that got America into the financial predicament that we're in today. Please donate via PayPal today. Account: email@example.com.
The receipt of your donation will be acknowledged and appreciated. Continue browsing this website and learn more about this great organization.
"A Patriot is merely a rebel at the start. In the beginning of a change, the Patriot is a scarce and brave man, hated and scorned. When his cause succeeds however, the timid join him, for then it costs nothing to be a patriot." ~~ Mark Twain
PN Secretary beats IRS
Case settled out of court
The famous PN Executive Secretary successfully settled her case out of court for a zero balance due. After working with the late Dr. Clarkson for six years and studiously learning his craft, PN Secretary "Blondie" wiped the floor with the new Area Counsel that was just cutting his teeth.
The green IRS lawyer was brand new on the job and this was one of his first cases. He was no doubt told that "Clarkson's Cronies only present frivolous arguments" which has always been a bold faced lie!!
The young lawyer accused Blondie of having taxable income from an IRA distribution for tax year ending 2005. Our intellectual, blond la femme asked Counsel to provide her with documentation showing the monetary distribution. The youthful lawyer sent a copy of a 1099 from a financial institution showing the amount that was disbursed. However the fledgling did not do his homework. Further research by our heroine on the 1099 form showed that the disbursement tax was not calculated by the brokerage firm.
With one phone call to the bank, Blondie asked the most important question: "How does one determine the tax on a distribution?" The brokerage agent was very helpful stating he did not work for the IRS, but told her if the money was deposited into the account before any taxes were deducted, than the distribution would be taxable. This led the intellectual blond to her second question: "How much money was deposited on a pre-tax basis?" The finance agent revealed that the money had been transferred from a previous account within their firm that Blondie had deposited into on a regular monthly basis.
Fireworks went off for our diva as she remembered depositing that money on a monthly basis through an automatic deduction from her checking account. This would mean the money in her checking account had already been taxed before depositing it. Blondie retrieved statements from the financial establishment to support her claim and the yearling was forced to concede. A settlement was signed out of court resulting in no taxes and no fines due from our scholarly leading lady.
New Victory for Patriot G.
A newcomer to the Patriot Network community came to us about three months ago because the I.R.S. was exercising an illegal levy on his Social Security check. After a few well written letters (by the competent and experienced PN staff) to the right people (including his Congressman) explaining the I.R.S.' illegal actions and how they are browbeating a senior citizen caused enough of a ruckus to get the levy STOPPED! Mr. G. was able to enjoy his entire check this month!
The I.R.S. has quite a history of taking advantage of our uneducated and ill equipped Americans in the off-chance that this wicked and evil government agency will get away with their theft of "We, the People". We are here to challenge those assumptions and when your trusty PN staff write letters, people listen!
Congratulations, Patriot G. for your victory over the I.R.S.!
UPDATE ON MARILYN PATRIOT
In honor of founder and hero of the Patriot Network, Dr. Robert Clarkson, the IRS issued Patriot Marylin a THIRD check in March 2010, in the amount of $3,387. (Image to be posted soon.) Read Marylin's story below.
More CDPH victories!!
IRS gives up on face-to-face hearing.
Strong willed patriot Gene in TX , stood firm on his demand for his in-person conference, both for himself and his wife.
On Oct 15, the Tax Court Judge ordered the case remanded from tax court to the appeals division. This followed DC request for Remand for a face2face hearing as the law requires.
Gene had continually lost the battles with the IRS until he came across the Patriot Network website. He learned that the face-to-face hearing on non frivolous issues was mandatory.
In spite of the lies and assaults by the Appeals Dept, Gene et ux, stood their ground. Therefore the IRS attorney threw in the towel.
Gene's pleadings were taken right off the website with very little change; therefore they were not posted separately. This case is another in a long string of victories on the issues of whether a collection hearing is mandatory under the law.
The tax court judge ruled:
"No face-to-face hearing was offered to Petitioner for the non-frivolous issues raised in her July 23, 2008, letter, and it is unclear from the administrative record what documentation the Settlement Officer relied upon in making his determinations regarding the non-frivolous issues raised by the Petitioner. Therefore, this case should be remanded to the Dallas, Texas, office of Appeals for a new Collection Due Process hearing during which the non-frivolous issues set out in Petitioner's July 23, 2008, letter should be considered and addressed."
This winning action is what can be accomplished with Dr. Clarkson's procedural method and when you follow the rules.
EXTRA -- STOP THE PRESSES -- EXTRA!
One day after Marian filed her lawsuit against the IRS in US District Court for Kansas, the IRS issued her a refund check for over $9,000 in illegally seized monies!
(Marian followed the rules and got her paperwork in on time. See the full story below.)
Patriot Beats Social Security Levy
The IRS violated the rights of brave patriot Marian of Kansas. They levied her Social Security check illegally. She fought back and won!
The IRS can levy SS checks either by: A) the Treasury Offset Program (TOP) which is a maximum garnishment of 15%; or B) The Standard Levy of the entire amount of the benefit--less the exempt amount. The exempt amount varies but is approximately $800 per month for the tax victim and $400 per month for their spouse.
On a standard levy, the exempt figure for most people is $1200--so a SS payment of $1200 is totally exempt. Therefore the IRS can steal nothing.
Brave Patriot had her checked robbed of approximately 1/3 which obviously is neither the TOP or the Standard Levy. She contacted the Patriot Network staff for assistance. Marian had administrative expertise and did most of her own work.
She was directed to the Statutory Bounty Hunters section of the website and was instructed to send in the preliminary letters pertaining to the robbery of her retirement check. When she was able to have her figures organized and framed, then she began sending in a series of Administrative Claims.
The Administrative Claim is a legal document (invented by Dr. Clarkson) which everyone uses to fulfill the requirements of the law. Before you bring suit, you must exhaust your administrative remedies whereby you clearly notify the agency of your claim, and that you expect to initiate litigation.
Patriot Network members have been filing the Administrative Claims following proper procedure with the IRS for years. The administrative remedy letters are generally followed by a bounty hunter lawsuit by renowned patriot attorney.
When the Area Director receives a well worded and mathematically correct claim for damages and notice of intention to resort to the federal courts, frequently the agency decides to give up and stop the illegal levies. Sometimes they refund stolen money without anymore work.
This stalwart PN member stayed the course, followed instructions and she beat the tax service on an illegal SS garnishment.
This is the third case Marian has won with help from the PN Staff. See ï¿½Marian Patriot wins!ï¿½ and Marian wins against Kansas DOR; article below. (RBC Nov09)
Marian Wins Against Kansas DOR
The Kansas DOR issued an Assessment against Marian since she did not file her tax return. Marian did not make enough money to qualify to file since she had deductions, credits and business expenses. KS DOR was also relying on falsified figures from the IRS that are still in dispute as Marians CDPH case is in Appeals Court.
Our heroine did most of her own work and fought the KS DOR for 15 months with some assistance from the PN Secretary and Dr. Clarkson. When DOR Lawyer refused to agree to Stipulations, Marian filed a Motion to Compel.
A few days later KS DOR lawyer called to discuss the case in a more agreeable fashion. She allowed Marian to submit the corrected figures on deductions, credits and business expenses on the proper forms and stated she would review them and if they appeared to be in order she would agree to dismiss the case.
Marian worked tirelessly through many nights reconstructing her business expenses according to the Cohan case and submitted them on time. The KS DOR lawyer then filed a Motion to Dismiss the case and the court agreed.
This was a proud victory for Patriot Marian who has not backed down from her fights. Marian has several cases before the courts and this is her second win!
Patriot wins collections case
Long time patriot fighter, Rhonda from N Georgia resolves her tax dispute with the IRS in her favor.
Rhonda, a wonderful grandmother and retired nurse, has been battling the IRS incessantly for 10 or more years. She has been helped lately by the PN Staff who helped her in numerous tax court cases. Finally the IRS could see that they had no case and the parties quickly reached a settlement.
Our brave patriot made an out-of-court compromise with the evil tax collectors whereby they agreed to change her status to CNC, Currently Not Collectable. Many other brave patriots are eligible for this status if they follow the procedures. Then they would not have to pay any money they do not have.
Through this long and difficult ordeal, Patriot Rhonda persisted in demands that her rights be respected and that she receive all that the law required. She was right and she won. The IRS agent assigned to Rhondaï¿½s case did her job right and followed the law, which is unusual.
From Dr. Clarkson:
We are winning dozens of small issues in tax court. These procedural victories are too minor to be reported separately. The judges on the tax court are just fed up with the IRS bullying tactics, insults to the courts and ignoring the rules.
We are wining many cases, on procedural grounds when the judges simply turn down the IRS orders or remand the cases to a lower level. These one sentence orders are smashing victories to the tax court experts, but do not seem like much to the tax victims.
We will continue to report on the clear victories which everybody can understand. Court decisions on the minor procedural points are also very important, but not so exciting.
Steadfast Patriot Wins in Tax Court Case
District Counsel Concedes
From RBC: In numerous cases over the last 10 years the Appeals Division and District Counsel's office have been playing hard-ball. They have refused to settle out of court. They refused to accept deductions and expenses without substantiation which in most cases was impossible. They refused the clear mandate from the Court of Appeals in the Cohan case.
Finally, the high paid tax authorities admitted that PN Members are not going to back down, we know our rights; and we demand our rights. Patriot Tony did not back down from phony threats from the Appeals Dept, the District Counsel and even a Tax Court Judge
Tony was scared and frightened, especially after the Judge threatened him. But he listened to Dr. Clarkson and followed directions exactly. These instructions are in Clarkson's audio tape "Audit Procedure" which he made 30 years ago. These same instructions are also on Clarkson's DVD "Due Process of Law" which was made last year. Dr. Clarkson has been saying the same thing for 30 years.
Dedicated Patriot Tony gave us a blow by blow report, starting with the tyranny of the tax collectors. He reports:
Part I Weds June 03
I have another call tomorrow morning with Judge F and Slimy IRS Council. I have been told by the Judge I have to spend four hours traveling to meet with the idiots in their office instead of them actually making any efforts to move to the suburbs.
I am going to see them Friday but have no intentions of giving them any help or cooperation at all. I do not like dealing with their kind as they do not have the same beliefs, let alone any morals.
The one question I have asked them three times and they have not answered (because they do not know the answer) how does the fact that my former employer responded to a 668 letter and illegally withheld money affect my so called liability. I estimate they stole 30k that year as we borrowed and begged to pay the bills, while my son went through his cancer treatment and I tried to get another job to get out of the levy.
In regards to the trial, they will do as they want because after the call last week my gut feeling tells me this Judge F is all about his ego and he could care less about the law and a fair hearing. We should just prepare for the CDPH.
Part II Thursday June 04
I just got off the call with Judge and counsel. Judge said point blank "no receipts, no deductions will be allowed" (i.e. he refused the Cohan doctrine). He also said if it goes to trial, he will not be very forgiving. I have a meeting in the IRS office tomorrow morning with District Counsel.
Counsel is not going to allow my business expenses even though I worked at home many nights and weekends. He is not allowing the medical expenses. He will probably not allow charitable deductions due to most of it being non-receipted cash donations to church, as well as clothing and personal items donated.
I cannot claim my wife and kids as she filed separately and claimed them already.
Judge F told me on the phone I am screwed. I feel I am not getting a fair shake.
Part III Friday June 05
Met with the IRS Counsel today and they accepted most of my reconstructed expenses. The so called "liability" was cut about in half. Now this goes back to collections and we start the administrative process with them. Am I correct?
Lead attorney said that due to me dragging my feet, if we were to go to trial Monday they would have hours of work to do this afternoon and he wanted to know if I was going to go through with the trial. Basically he did not want to do the work on short notice on a Friday afternoon; he may have a golf weekend planned.
RBC says: The IRS is now dancing to our tune. They are not going to push around patriots who do not allow themselves to be bullied. Stand fast, listen to Dr. Clarkson and you will also win your cases.
Since this is a settlement out of court, we have no legal precedents to report.
Faithful Patriot wins Bank Summons case
South GA Freedom fighter, Larry D. beat DOJ & IRS in his case of protecting his privacy and bank records from invasion. A domestic terrorist tax collector served a third party summons on Larry's bank records, but our friend fought back. He filed suit in federal court, pro se.
In early May, the Magistrate granted Larry's Motion to Vacate and overturned the previous order against a true patriot.
PN Student, Larry, wrote his own winning brief using samples from the PN website, in particular another winning brief on the same issue by Sherri, our longtime associate.
Months earlier, the Magistrate Judge (who is not a real judge) issued an order granting the tax thieves Larry's personal records that were in storage at the traitor banks. Magistrates are appointed for 10 years, not for life and are not judges under Article III of our blessed Constitution.
This was the third illegal order issued by the same Magistrate and this time he had to admit his wrongdoing and cancel his wrongful action. This is a very unusual step by a haughty judiciary member to admit a mistake and correct his wrongdoing.
Our patriot friend hung in for the fight, stood tall for justice and did not back down. The PN Advisory Service was with him every step of the way, but in all actuality this was his fight, his battle and his victory.
You can view the motions filed in this case under our Members Only Banks section of the Patriot Network website. RBC May09
Harry wins in tax court
On February 23, 2007, the IRS sent me Letter 950 showing how much tax I allegedly owed them for the years 2003, 2004 and 2005. I guess someone at the IRS needed to be working on something so they reconstructed the Bureau of Labor statistics for those years to arrive at the amount of my income and started adding penalties and interest to validate their reconstruction.
I showed this to Robert who instantly saw through the 25 pages of their scheme and helped me draft a letter to them, disputing and challenging their false findings. We stated the TRUTH: Congress had outlawed using the Bureau of Labor statistics years ago. I also asked for a day to meet with them.
Their humble, most gracious and very creative reply was a Notice of Deficiency with the same 25 pages attached to it to prove their commitment to the Paperwork Reduction Act. (If you notice a slight bit of sarcasm here, it's because of my learning from Robert about how powerless the IRS really is. What I used to be scared about, I now find as a source of entertainment.)
Anyway, I guess they wanted to scare me with the volume of information and calculations. I already had a volume of work to do with my 7609 case, my CDPH case, my wife's CDPH case, and another letter-writing circus involving a case against my wife where they could not keep the years straight. Robert (with use of the Patriot Network website) guided me through this maze of cases and helped me keep my sanity during this time.
I petitioned the Tax Court about this tax liability case for 2003-2005 and received a hearing date set in Columbia, SC for February 2, 2009. With Robert's help, I placed a Petition and Amended Petition for Redetermination of a Deficiency before the court that I found at the website. The IRS countered with an Answer to Amended Petition.
On December 29, 2007, I followed Robert's directions and requested an out of court settlement. The IRS lawyers refused and started preparing for trial. Over a year later, on January 6, 2009, District Counsel gave up and cancelled the case. Apparently they finally figured out what we knew all the time — that their Bureau of Labor statistics drummed-up stuff against me, combined with the effectiveness and plain truth of the Patriot Network's expert documents, meant their case wasn't going to hold water. They would be an embarrassment to the Tax Court, and, with The Great One on my team, they had no chance!
Note: Click here to see Harry's victory order.
Another win in Tax Court on CDPH
Face-to-face hearing is mandatory
Dedicated Patriot, Enoch, in WA state, stands firm on his rights and beats the mighty commissioner before the tax court. On Feb 3 the judge in the tax tribunal granted a motion to remand for the IRS office of appeals to conduct a face-to-face hearing.
Enoch did not back down from the lies and threats of the IRS appeal's division and the highly paid attorneys. Congress passed a law providing for an in-person conference on collections. IRC §6330 mandates a real hearing with the appeals division. As usual the highly-paid tax collectors refused. The Judge of the tax tribunal had to set the agents straight.
This is the 15th case that the Patriot Network has won on the same issue. Enoch's pleadings and letters are located on the PN Website under CDPH part II. Enoch was assisted by our newest paralegal and PN founder, Robert Clarkson.
Again, our association is showing that patriots who learn and follow the rules can win even before the tax board of appeals.
UNITED STATES TAX COURT WASHINGTON, DC 20217 ENOCH PATRIOT, ) Petitioner ) Docket No. 11951-08L ) v. ) ) COMMISSIONER OF INTERNAL REVENUE,) Respondent )
O R D E R
During a conference call among the Court and the parties on January 23, 2009, the parties discussed with the Court the possibility of a motion to remand this case to respondent's Office of Appeals. On January 30, 2009, the Court received and filed respondent's motion to remand. Respondent indicated petitioner has no objection to the granting of the motion. After due consideration of the motion and for cause, it is
ORDERED that respondent's motion to remand, filed January 30, 2009, is granted, and this case is remanded to respondent's Office of Appeals for the purpose of conducting a face-to-face hearing, to give petitioner an opportunity to challenge hi s underlying tax liabilities for 2001, 2002, and 2003 . It is further .
ORDERED that the above-referenced hearing shall take place at a reasonable and mutually agreed upon date and time, but no later than May 4, 2009 . It is further
ORDERED that each party shall, on or before June 4, 2009, file with the Court and serve on the other party a report regarding the then present status of this case. It is further
ORDERED that this case is stricken for trial from the Court's February 9, 2009, Portland, Oregon, trial calendar and continued. It is further
ORDERED that jurisdiction is retained by this Division of the Court.
(Signed) L. Paige Marvel
Dated: Washington, D.C.
SERVED Feb 3, 2009
Marian Patriot wins!
Following the rules pays!!
Our brave, patriot warrior from KS goes toe to toe with the evil tax collectors before their personal tribunal in Columbia, SC and wins. Incidentally in this session of tax court the Patriot Network won almost every case.
Famed PN Secretary helped Marian with her numerous pleadings and objections. The facts were on our stalwart's side, which is helpful, but she won because she followed procedure and the other side did not. The tax court remanded this case back to the appeals division where it will probably die a slow death and lost in a pigeon hole.
The IRS failed to send her the mandatory Notice of Deficiency, and then tried to steal her money. Federal law is very clear that the 90 day letter is required. Marian had the facts and also filed her paperwork timely and correctly. The IRS is so easy when you follow the rules.
The internal revenue code mandates a CDPH after the 90 day letter. The evil tax collectors tried to pull a fast one and skip the NOD. In her CDPH case, our Freedom Fighter used the CDPH law to demand her Notice of Deficiency. The tax collectors failed and the tax court ruled against them.
This is another in a string of victories by PN secretary who has learned from knowledgeable and experienced Dr. Clarkson.
We all agree that the IRS is evil and wicked, that the income tax and the federal reserve are damaging our company and must be destroyed and the blessed constitution is the supreme law of the land and should be restored to its rightful place in the government system.
We all agree that the IRS says income tax is voluntary, that the monies raised is used to destroy our country and that all patriotic Americans who love our country should not cooperate with any illegal government agency.
How to go about returning the Constitution to power is hotly debated in the patriot community. The Patriot Network, founded in 1978 uses the procedural approach to fight the thieving tax collectors.
Most other patriot groups use other methods to affect positive political change. But, there approach is not acceptable to the evil tax collectors and their lackies in the court system. However the procedural method advocated by RBC for the last three decades is acceptable to the court system and has been proven effective in thousands of cases.
Other patriot groups use a wide menagerie of patriot political positions. We are glad they are fighting evil government and we support them every way we can. However their quest for court victories is allusive and unlikely to happen. The control judiciary only grants us court room victories when we bring up a procedural point of law.
The procedural method has proven itself for decades as effective, predictable and workable. Dr. Clarkson can tell you the results of his advice, telling you what will happen and when it will happen. The other methods, even though truly admirable, are not predictable and no one really knows how the judges will favor them.
Do not expect to win any case in court unless you follow procedure. Learn the rules and obey them—learn their rules and point out to the judge when they violate them. This is explained in more detail in the classic Clarkson video tape Due Process of Law and Common Law available from the Patriot bookstore for $60.
Dr. Clarkson is famous for exploiting loopholes in tax procedure and advocates using "sneaky lawyer tricks" aka civil procedure. Our hero is wildly condemned in the patriot community for fighting dirty against the tax thieves. Clarkson says this is the only avenue available to us for winning anything. RBC Jun09
Third Circuit rules in Patriot's favor
The mighty U.S. Court of Appeals for the third circuit has granted us a tremendous victory. The powerful appeals court in a CDPH case ordered the case returned to the Tax Court to rule on Patriot's Motion to Vacate, with clarity. This is a very long collections hearing case. Now the IRS must re-litigate the motion.
Vilas patriot from NJ has already won twice in tax court representing himself and his wife. He appeared pro se before the appeals court with Dr. Clarkson's help in writing the brief.
Early this year the tax court ruled against our dedicated Constitutionalist and he appealed to the appellate court, the real power. He mislabeled his Motion for Rehearing to the tax tribunal, which should have said "motion to vacate." The clerk of court refused to file his pleadings even though the Tax Court rules provide otherwise.
In the instant case, the appellate court ruled that pro se litigants should be granted some leeway in procedure. And the Tax Court should have accepted his pleading.
As usual the PN won on a procedural issue and the court did not address the wrongfulness of the IRS denying him his collection hearing in the teeth of an act of Congress. Patriots can win when they follow the rules and make the other side obey the rules also.
The appellate courts are the real power in the federal judicial system. The Supreme Court handles presidential elections, international disputes, and cases that attract headlines. The real work is done by the federal appeals circuit.
GREATEST VICTORY OF THEM ALL!
Anti-injunction act tossed, maybe.
A principle tool of tyranny of the evil tax bureaucracy is the Anti-Injunction Act (AIJA), IRC§7421 which prevents the courts from interfering with IRS collections. The Due Process Clause of the Constitution requires judicial scrutiny of every adverse action against a citizen by a government agency. However, the tax collectors heretofore have been exempt from this most important Constitutional safeguard.
Dr. Tom from centeral FL was a victim of an over-zealous, cruel tax collector who hounded him for yerars. This evil tool of the NWO overreached and laid an illegal levy on his SS check. Congress says that no collections can take place without a Collection Due Process Hearing (CDPH) under IRC §6330.
The careless tax thief levied Dr. Tom's SS check without sending out the manadatory CDPH notice. Therefore, the monies stolen were in violation of federal law.
Dr. tom with the help of the Patriot Advisory Service filed his preliminary letter and administrative claim requesting a full refund of the unlawfully seized funds. The administrative claim clearly spelled out the wrong-dooing of the agent and the amounts that must be refunded.
The top dogs of the tax beuracracy ignored the claims for refund so Dr. Tom excercised his rights. With the help of a famed PN attorney, Dr. Tom sued under the Federal Bounty Hunter Statute for unauthorized collections under IRC §7433. Complete details of the pleadings will be posted on the PN websites under SBH.
Dr. Tom wanted a try at an injunction which is an extreme remedy and not specificly spelled out in the Unauthorized Tax Collection Act (UTCA) under §7433. The tax attorneys for the DOJ raised the black spector of the anit-injunction act. In other similar cases, the DOJ just abandoned the levy rather than take a chance on losing their important tool of tyranny.
In this case the DOJ forced an issue: Does the UTCA trump the AIJA? The Patriot Network argues that the recently passed illegal tax collection act (UTCA) repeals a small part of the ancient protection for illegal activities by the tax rats. The District Court Judge in DCDC of course ruled in favor of the tax lawyers at the so called Justice Department but allowed our famed attorney to file an immediate appeal putting the AIJA in jeapordy.
This was a significant win for us and struck fear in the hearts of many top injustice department lawyers. More details to come later.
Editorial Policy of the PN Website
We try to make sure everything on the website is accurate. However some of the articles are old and strategically out of date. The newer articles have the best information available. Many of the newer articles have a date in the beginning or at the end. We have historical information that is not updated at this time.
We present to you a vast amount of information including some from other patriotic political associations. We are unable to guarantee their information is correct and at times we disagree with others' information which is posted on our site. However we do believe the readers should receive diverse opinions even though we may disagree with the content. We believe that many theorists who do not yet have winning freedom technology have something to say.
The articles written by others are usually labeled with the author's name and/or a notation that it is "not written by RBC." Others are labeled "FYI" meaning For Your Information, which means we did not write it and the information contained in the article is not guaranteed by us.
However, we try to ensure that information from others is not totally incorrect.
IRS/DOJ admits Clarkson effective!Now official: PN hurts tax thieves!
Clarkson's cost to the evil tax service found incalculable and monstrous.
After five years of harassment, the IRS and the highly paid tax lawyers persuaded an otherwise good judge to enjoin Clarkson from doing those things which he did not do anyway. Since Clarkson was not engaged in these activities, he was unable to defend himself because he lacked standing or a real interest in the case. This does not affect Patriots who are harassed by the IRS.
View first page to the right and click here for the rest of the order.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON DIVISION
United States of America, ) Plaintiff, ) C.A. No. 8:05-2734-HMH-BHH vs. ) OPINION AND ORDER Robert Barnwell Clarkson, individually ) and d/b/a The Patriot Network, ) Defendant. )
This matter is before the court with the Report and Recommendation of United States Magistrate Judge Bruce H. Hendricks, made in accordance with 28 U.S.C. § 636(b)(1) (2006) and Local Civil Rule 73.02 of the District of South Carolina.1 In her Report and Recommendation, Magistrate Judge Hendricks recommends granting in part and denying in part the Plaintiff's motion for summary judgment. For the reasons set forth below, the court grants the Plaintiff's motion.
I. FACTUAL AND PROCEDURAL BACKGROUND
Robert Barnwell Clarkson ("Clarkson") is the founder, president, and leader of The Patriot Network. (Def. Mem. Supp. Summ. J. Ex. D. (Barbara Cantrell ("Cantrell") Decl. at 148, 149, 181).) The Patriot Network is a national organization with independent clubs located in various states. (Id. Ex. D. (Cantrell Decl. at 138-140, 163).) The Patriot Network advocates a tax revolt by "a massive refusal of the productive sector of the population to support the unConstitutional taxing and spending programs of the national government." (Id. Ex. D. (Cantrell Decl. at 131-132).) On its website, The Patriot Network provides information and sells taped lectures, books, and other resources prepared and delivered by Clarkson and his associates. (Id. Ex. D. (Cantrell Decl. at 255-269).)
In the instant lawsuit, the Plaintiff alleges that Clarkson has made false statements to members of The Patriot Network and the public by stating that federal income tax does not apply to wage earners (hereinafter referred to as "avoidance activities"). In addition, the Plaintiff argues that Clarkson advises, aids, and abets members of The Patriot Network on how to evade and obstruct the IRS's enforcement efforts (hereinafter referred to as "interference activities"). The Plaintiff seeks an injunction pursuant to 26 U.S.C. § 7402(a) and 7408 to end these alleged activities.
Another victory in tax court!
Patriot Beverly has been fighting the many-headed IRS beast both administratively with the agents and also in tax court. The tax "Service" makes many mistakes but will not admit their errors nor correct them, much less apologize to the many people to whom they do grievously harm.
Brave Beverly made them admit that they were wrong and made them withdraw their erroneous default assessment against her. The IRS issued a 90-day letter stating that she worked for an unknown employer for the tax year 1993, when she was actually a stay-at-home Mom. She did not work outside the house, nor did she have any "income" even by the "Service's" dimwitted definition.
The notice of deficiency was all lies as usual, but Beverly did not exercise her administrative rights by seeking adjudication in tax court; she did not have anyone to help her who understood the rules and procedures of the tax collectors. Therefore an incorrect assessment was issued against her.
Then the IRS attempted to collect the unowed taxes. Under the Taxpayer Bill of Rights II, our brave patriot friend was entitled to a Collection/Due Process Hearing (CDPH). She contacted renowned Patriot Paralegal Dr. Robert Clarkson who assisted her in filing her CDPH request. Now the tax collectors had to justify their assessment against her.
After the case in tax court on the CDPH started, she wrote the IRS District Counsel with Dr. Clarkson's help. She told them she had not worked for pay during the year in question and demanded that they give her the name of the alleged employer and produce documentation.
District Counsel promptly withdrew the final assessment. Then the parties signed a Consent Order so the judge could dismiss the case in Beverly's favor. However, even though the tax collectors were dead wrong, the IRS attorney did not apologize or even make a firm admission of wrongdoing.
Beverly was forced to spend a lot of time on this case, including petitioning the tax court due to an IRS mistake. The Service owes her an apology if not about $5 million in damages for the trouble and stress they caused her. Since there's a pattern of IRS hounding people for money they clearly do not owe, it may qualify as extortion.
Greatest victory of them all!
Will you Stand for Freedom? This show will show you what one man has done and will do to inform, instruct and encourage you. Publisher of the Free American Magazine for 15 years and author of two books. Click here to visit his site and to listen to his radio program.
Not one loss. The procedural method works !!!
Cases Clarkson has won!
Patriot Paralegal Sherri B. of Florida recently won a bank summons case on appeal to Federal Court of Appeals in Atlanta. She already won two remands in this same case before the 11th Circuit Court on paperwork errors of the District Court, without a decision.
Dr Robert Clarkson helped Sherri through this long and difficult case. Her appellant brief and a copy of the Appeals decision can be viewed from our Members Only section of this website. She and Clarkson wrote a magnificent appeals brief.
This is the second 11th Circuit Court decision for the PN this year. Another victory is expected any day on an illegal Federal Tax Lien.
Peymon at Freedom Law School recently won a 7609 case and is now suing for damages. Dan Lying, paralegal at FLS, was on the brief. Dan won his 7609 case years ago.
Click here to view other cases we have won.
IRS refunds stolen $11K after Admin Claim filed
Marilyn Freeman, a retired school teacher in Wyoming had her pension stolen for 5 years by greedy tax thieves. Dr Clarkson et al helped her file Administrative Claims under the Illegal Tax Collections Act, IRC §7433. Finally, the Service admitted wrongdoing and returned the illegal tax collections of $11,000. Click image of checks on right for a better viewing.
Now, this brave Freedom fighter will sue as a Federal Bounty Hunter for damages, mental anguish, interest, fees, paralegal fees, costs and statutory damages of $100,000. Marilyn's Administrative Claim may be viewed by clicking here.
More of Marilyn's notices and pleadings will be posted as her case proceeds. Look for updates on Marilyn's case in The Patriot Cannon Newsletter. We have about 30 of these cases in various stages and expect to retrieve millions of dollars of stolen money. According to the Government Accountability Office, three out of four liens and levies are incorrect!!!
Harassed by the IRS?
Help is on the way!
Are you sick and tired of the IRS stealing from you?
Contact The Patriot Network today and win YOUR FREEDOMS BACK!
The Patriot Network specializes in Tax Procedure Law, (i.e. Tax Audits, Collections and Hearings.) FOIA Lawsuits & Litigation, Privacy and all forms of Constitutional Rights including Freedom issues and Financial Privacy.
The Patriot Network (864) 225-3061
Exciting Clarkson DVD
Due Process of Law and Common Law
Five-Hour Video Explains:
This is Clarkson's newest Patriot Protection Procedure class, which shows you updated information about the tax theives' evil process. The tax victim can use this material to fend off their evil machinations. Roadblocks, methods and tactics, plus strategies and counter-strategies. Whenever the beast strikes, Dr. Clarkson will furnish the shield. The Due Process of Law protection is your greatest weapon to force the buzzards to obey their own rules and follow their own procedures. Victory under the Due Process Clause is not only possible, but frequent. See the winning lawasuits on the CDPH webpage for listings of numerous victories using the procedural method.
$60 for the five-hour video on newest legal procedures.
"I'm a citizen, you're a public servant. I'm your
boss, not the other way around!"
"Pity the poor, wretched, timid soul, too faint hearted to resist his oppressors. He sings the songs of the damned, I cannot resist, I have too much to lose, they might take my property or confiscate my earnings, what would my family do, how would they survive. He hides behind pretended family responsibility, failing to see that the most glorious legacy that we can bequeath to our posterity is liberty!"
—W. Vaughn Ellsworth
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Warning: Notice of Identity Fraud!
The Patriot Network is based in Anderson South
Carolina and has monthly meetings in various Southern
cities. It is not affiliated with any other organization however similar
the name may appear. At least one other group with a similar-sounding name is
trading upon our decades of hard work in service to the
nation. Such groups will even reference Robert Clarkson and his work
in their other web sites. We distinguish ourselves
by the .INFO extension in our
web address. Other organizations with no connection to us have
taken the name 'Patriot Network' on their own
initiative, independently of us. Some organizations
attempt to use our good name for monetary gain. They know that Robert Clarkson
and The Patriot Network have a reputation for honesty, integrity and service,
and a successful record of over thirty years. These people illegally and
underhandedly usurp our track record in an attempt
to give themselves credibility.