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, 3^rd rev. 8^th 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, 3^rd rev. 8^th 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 interpret §83 that I have taxable income?

 

IRS MISSION STATEMENT

The IRS mission is to "provide America's taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all."

 

TAXPAYERS BILL OF RIGHTS

The Right to Be Informed

Taxpayers have the right to know what they need to do to comply with the tax laws. They are entitled to clear explanations of the laws and IRS procedures in all tax forms, instructions, publications, notices, and correspondence. They have the right to be informed of IRS decisions about their tax accounts and to receive clear explanations of the outcomes.

 

Believe it or not I just reconfirm the following regulations and they have been removed and replaced.

31 CFR 0.207 - Cooperation with official inquiries.

 § 0.207 Cooperation with official inquiries.

Employees shall respond to questions truthfully and under oath when required, whether orally or in writing, and must provide documents and other materials concerning matters of official interest when directed to do so by competent Treasury authority.

31 CFR 0.208 - Falsification of official records.

 § 0.208 Falsification of official records.

Employees shall not intentionally make false, misleading or ambiguous statements, orally or in writing, in connection with any matter of official interest. Matters of official interest include among other things: Transactions with the public, government agencies or fellow employees; application forms and other forms that serve as a basis for appointment, reassignment, promotion or other personnel action; vouchers; leave records and time and attendance records; work reports of any nature or accounts of any kind; affidavits; entry or record of any matter relating to or connected with an employee's duties; and reports of any moneys or securities received, held or paid to, for or on behalf of the United States.

 

 

When a person cannot know how a court will apply a settled principle to a recurring factual situation, that person cannot know the scope of his constitutional protection, nor can an executive branch actor know the scope of his authority.

 

26 U.S. Code § 7491 - Burden of proof...

1. Burden shifts where taxpayer produces credible evidence

 

Tort is defined as a wrong; a private or civil wrong or injury resulting from a breach of a legal duty that exist by virtue of society’s expectations regarding interpersonal conduct, rather than by contract or other private relationship. Barron’s Law Dictionary, 3^rd edition.