I'm delighted to see this story among recent Freedom's Phoenix headlines even if I don't pretend to have figured out its particulars. It looks like another contingent of tax freedom seekers are using the procedural method in exciting ways. At the same time I think they need to check in with the Patriot Network, because we're the ones that have been honing this art and sciene for a third of a century, and everything we do is founded on our Founder's absolute dedication to his task his genius for it, and his long years of applying his law degree to liberating instead of enslaving them.
And of course we urge one course in response to any news of this nature -- check with the Patriot Network before trying or applying anything new in your own case!
http://www.theamericanrepublic.com/
Yes, You CAN Beat IRS
On January 21, 2011, the United States Court of Appeals for the District of Columbia Circuit reversed the dismissal of 2 (out of 21) counts in a lawsuit brought against “the” United States for IRS misconduct. This is the second time that the D.C. Circuit has reversed dismissal of a case brought under the Taxpayer Bill of Rights (26 U.S.C. § 7433).
In the Opinion, D.C. Appeals Court Judge Janice K. Brown noted that the Plaintiffs “contend the district court erred because under Jones v. Bock, 549 U.S. 199 (2007), exhaustion of statutory remedies is not a pleading requirement of the Taxpayer Bill of Rights. We agree.”
Explaining how the Jones Court described the Prison Litigation Reform Act’s language authorizing dismissal of an action for “fail[ure] to state a claim upon which relief may be granted” as a “red herring,” id. at 215, the Court of Appeals found that “Nothing in the text of § 7433 “support[s] treating exhaustion as a pleading requirement rather than an affirmative defense.”
Further finding that exhaustion (of administrative remedies) is not a pleading requirement under the Taxpayer Bill of Rights, the Court held that the Plaintiffs “were not required to plead exhaustion pursuant to the Taxpayer Bill of Rights in order to survive the Defendants’ motion to dismiss”; and “were free to omit exhaustion from their pleadings”, and that “a motion to dismiss may not compel full disclosure concerning efforts to exhaust”.
Perhaps inadvertently, the D.C. Circuit constrained IRS in one very important aspect, finding that “notice of assessment…” e.g., the “Notice and Demand” mandated in IRC § 6303, “…is a precursor to the filing of a lien and the execution of a levy”.......
..........Now, here's a story involving the embattled but valiant Graber family, respected members of the Atlanta PN club. They are among the recent victims of totalitarian foreclosure-mania but are not taking it sitting down.
Well, once again, a library computer won't let me paste anything. Google Petition Drive Launched for 90-Day Foreclosure Moratorium, please.
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