the burden of proof

Published: Tue, 12/06/16

The laws help persons who are deceived, not those deceiving. Try. Lat. Max. 149 

IRS agents are compelled to co-operate with the public.
The IRS sends a demand for payment of an allege tax. I find over the years, including myself, writing affidavits, making statements, basically throwing everything I possibly can to show them how the code does not relate to me.

For an example: I’m not the person defined in the code. I’m not the citizen of the United States. Many will state, “I’m a nonresident alien”, and may even offer them a ton of court cases showing how you are a nonresident alien. And there you are scratching your head, why are they ignoring me?

What you have just done is that you have shifted the burden of proof away from them and put it on yourself, which is a big mistake that many of us have made.
Burden of proof
The claimant is always bound to prove: the burden of proof lies on him. Bouvier’s Law Dictionary, 3rd rev. 8th ed., s.v. “Maxim
5 U.S. Code Subchapter II- ADMINISTRATIVE PROCEDURE
5 U.S. Code § 556- Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision.
"...the proponent of a rule or order has the burden of proof." 5 U.S. Code § 556 (d)
The claimant is always bound to prove: the burden of proof lies on him. Bouvier’s Law Dictionary, 3rd rev. 8th ed., s.v. “Maxim

These agents, many unwittingly, are alleging you all what tax and demanding payment. Many of us know it amounts to nothing more than extortion!
In lieu of responding with statement of facts/affidavits where you have the burden of proof, would it not be better to conditionally accept, which is basically saying I conditionally accept your offer upon proof of claim or would draw your claim. Now you have shown that you’re not going to be argumentative and that you are willing to settle the account upon verification.
  • Make them prove that you are a taxpayer!
  • Make them prove that you are a citizen of the United States!
  • Make them prove they have delegation of authority to come into the union state!
  • Make them prove that the secretary has congressional authority to leave the District of Columbia to speak to you!
If they can prove the previous 4 statements, that you are a taxpayer, that you are a citizen of the United States, and that they have delegation of authority, which I can assure you they never will you can always fall back on, how did you interpretAnchor §83 that I have taxable income?
​​​​​​​
Image
Christopher Chapman
321-264-6383