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NOTICE OF LEVY
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NOTICE OF LEVY
by roadglide Wed May 28, 2014 11:05 am
Click on the link below to download a copy of the IRS Notice of Levy. After reading this post, you will know, without a shadow of doubt that you have been defrauded. You can either choose to learn how to fight these people or you can live in fear and die a slave.
https://www.mediafire.com/?1a4je292dz9iukh
The implementation of section 6331 against a Sovereign American is Fraud by Design. Look on the back side of Form 668-A(c)(DO) and you will find it says, “Excerpts from the Internal Revenue Code” at the very top of the page. By using the word, “Excerpts” the IRS can hide WHO is legally liable for the so-called “income tax”and “penalties”. § (a) is purposely left off of the page, leading the unsuspecting American to believe Section 6331 applies to him.
Below is the language of IRC 6331 (a) which is left off of your levy form. § (a) describes who is liable and it IS NOT me. Whether any IRS employee knows these facts or not, they are still culpable, and liable for suit. The IRS will let them take the blame for mis-applying the tax laws. I know, because have been there. Once again, I do not recommend that you stop filiing. You just need to learn how to properly file.
Section 6331. Levy and distrait
https://www.mediafire.com/?1a4je292dz9iukh
The implementation of section 6331 against a Sovereign American is Fraud by Design. Look on the back side of Form 668-A(c)(DO) and you will find it says, “Excerpts from the Internal Revenue Code” at the very top of the page. By using the word, “Excerpts” the IRS can hide WHO is legally liable for the so-called “income tax”and “penalties”. § (a) is purposely left off of the page, leading the unsuspecting American to believe Section 6331 applies to him.
Below is the language of IRC 6331 (a) which is left off of your levy form. § (a) describes who is liable and it IS NOT me. Whether any IRS employee knows these facts or not, they are still culpable, and liable for suit. The IRS will let them take the blame for mis-applying the tax laws. I know, because have been there. Once again, I do not recommend that you stop filiing. You just need to learn how to properly file.
Section 6331. Levy and distrait
(a) Authority of Secretary
If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section.
The IRS DOES NOT have the authority conferred by law to bestow the status of “taxpayer” on anyone who doesn't first volunteer for that “distinctive” title. Below is the cite confirming this from Botta v. Scanion 288 F. 2nd. 505, 508, (1961) which held:“ A reasonable construction of the taxing statutes does not include vesting any tax official with absolute power of assessment against individuals not specified in the statutes as a person liable for the tax without an opportunity for judicial review of his status before the appellation of “taxpayer” as bestowed upon them and their property seized...”"And by statutory definition the term "taxpayer" includes any person, trust or estate subject to a tax imposed by the revenue act. ... Since the statutory definition of taxpayer is exclusive, the federal [and state] courts do not have the power to create non-statutory taxpayers for the purpose of applying the provisions of the Revenue Acts ... " C.I.R. v. Trustees of L. Inc. Ass'n., 100 F.2d.18 (1939)
We the people enjoy an especial status as "non-taxpayer" until such time as we take on the mantle of an artificial entity and by implication of the' special privilege we engage in and the special license required we may surrender our sovereign status and become a "taxpayer" .... but this event cannot take place without full knowledge and willful participation by the individual. For cases dealing with the term "non-taxpayer" see: Long v, Rasmussen, 281 F. 236, 238 (1922); Rothensis v. Ullman, 110 F.2d. 590(1940); Raffaele v, Granger, 196 F.2d. 620 (1952); Bullock v. Latham, 306 F.2d. 45 (1962); Economy Plumbing & Heating v. United States, 470 F.2d. 585 (1972); and South Carolina v. Regan, 465 U.S. 367 (1984).
Last edited by roadglide on Wed May 28, 2014 2:54 pm; edited 1 time in total
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Re: NOTICE OF LEVY
by MartyM Wed May 28, 2014 1:12 pm
One thing to be mindful of, when you applied for your Soc.Sec. card, you unknowingly Volunteered
to be a 'Taxpayer' and 'Citizen'. You are now part of the system, you are not Sovereign. Upon the creation (registering) of your Birth Certificate, your parents basically gave you to the Gov. Corp.
I know you may not be aware of this or agree with it as it was done without your knowledge, but the 'Corp.' doesn't care what you believe or think. They are the bully's and only care about what they want and will have... at least untill we wake up and take it back. (jmho, though easily confirmed with a little research)
to be a 'Taxpayer' and 'Citizen'. You are now part of the system, you are not Sovereign. Upon the creation (registering) of your Birth Certificate, your parents basically gave you to the Gov. Corp.
I know you may not be aware of this or agree with it as it was done without your knowledge, but the 'Corp.' doesn't care what you believe or think. They are the bully's and only care about what they want and will have... at least untill we wake up and take it back. (jmho, though easily confirmed with a little research)
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Location : NH
the levy
by Tonypresser Wed May 28, 2014 1:22 pm
THE LEVY
To understand the limited nature of a levy, we need to define the term. A "levy" is a confiscation of property in accordance with a legal judgment. From the definition itself, we see that there are two elements to a levy. The first element is that a levy is a confiscation of property; but the definition is limited by the second element which is that, before property can be confiscated, it must be in accordance with a legal judgment. In civil law, the specific process is carried out by a Writ of Execution, or Warrant of Distraint, which is a "formal process issued by court[s] generally evidencing the debt of the defendant to the plaintiff and commanding the officer to take the property of the defendant in satisfaction of the debt." (Federal Rules of Civil Procedure, Rule 69)
The Warrant of Distraint, or its equivalent, results in a lien filed against the property by the court. A lien, by definition, is a claim on property for payment of debt. The following are important points to understand regarding the nature of a levy:
a) A levy can only come after seizure;
b) seizure only applies to property subject to forfeiture;
c) the only property subject to forfeiture is that which comes under the provisions of IRC Subtitle E -- Alcohol, Tobacco, and Certain Other Excise Taxes; and
d) all the enabling regulations pertaining to levies are found in Title 27 CFR, which pertains only to those activities described in (c) above.
The individual who actually receives the IRS Notice of Levy is a third party; but rarely, if ever, do third parties realize that the responsibility for determining the validity of a levy is theirs (i.e. the institution’s employees or officers). Nor does such a third party usually fully realize the importance of making a correct legal determination, since an incorrect determination can lead to a personal liability and possibly also a criminal charge for "conversion of property."
From Black's Law Dictionary, Fifth Edition, we find that “conversion” is an unauthorized and wrongful exercise of dominion and control over another's personal property, to the exclusion of or inconsistent with the rights of the owner. This applies to pension fund managers as well as banks and other financial institutions.
Information available to me indicates that a rapidly growing number of people are becoming aware of the applicable law and are not bowing down to IRS threats and bullying tactics. Most people have little or no understanding of the applicable law, and thus are unaware of the statutory requirements that must be met before a levy (much less, a Notice of Levy) can be valid. I have found that most people assume the IRS has already made that determination; otherwise, why would the IRS be sending the Notice of Levy in the first place? In their minds, it naturally follows that the IRS is then legally responsible for any errors. What those who receive the Notice of Levy fail to consider is that, since they are the fiduciary in possession of the property, it is they who are ultimately responsible for determining its disposition -- not the IRS.
The trust we place in those who maintain our property is much like the trust we place in our doctor; it should be maintained at the highest possible level of honesty and integrity. The IRS agent who sends a Notice of Levy is usually acting on the presumption that he has the requisite authority to do so. Unfortunately, most IRS agents apparently have no idea what the law requires. Surprisingly, an IRS agent has no legal obligation to tell the third party whether the levy is valid and, more than likely, the agent doesn't know himself. Rather, because the third party has possession of the property, it is his/her responsibility to know the law and to act accordingly, or to seek competent legal advice.
The bottom line is this: were it not for the many parties involved and the various legal aspects that seem to confuse the average attorney, it would be impossible for the IRS to seize property under the guise of collecting income taxes.
AUTHORITY FOR THE LEVY
The authority to levy is restricted to and contained within Section 6331(a) of the Internal Revenue Code ("IRC"). The annotated version of the United States Codes provides more insight into the purpose of Section 6331. Title 26 USCA 6331, under Note 5, describes the purpose of this section as follows:
Purpose. This section was enacted to subject salaries of federal employees to the same collection procedures as are available against all other taxpayers, including employees of a state.
You will not see either §6331(a) or Note 5 printed on the back of any Notice of Levy form. For some reason, the IRS begins quoting their levy authority with the ominous sounding words of subsection (b): "Seizure and sale of property." However, that subsection is only an explanation of the term "levy" as that term is used in the previous subsection, IRC 6331(a), that limits the authority for that levy. Section 6331(a) contains the following key sentence:
Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. [emphasis added]
This sentence would seem to imply that only government employees are subject to levy. This would be correct if it specifically referred to the "employment tax" on income under Subtitle C; but it is important to emphasize that this section is implemented by regulations pertaining to, and making enforceable, levies on the manufacture of alcohol, tobacco, and firearms under 27 CFR Part 70, and certain other excise taxes under Subtitle E of the IRC.
The USC/CFR Parallel Table of Authorities reveals quite clearly the limited application of this IRC Section by identifying these excise taxes. The enabling regulations that it specifies pertain ONLY to 27 CFR Part 70 (alcohol, tobacco, and firearms) and those other miscellaneous excise taxes found in Subtitle E of the IRC. There is simply no connection whatsoever with the income tax of Subtitle A.
Therefore, assuming that all other legal requirements are met (e.g., notice and demand, court order, lien, etc.), a Notice of Levy may be made only on property of those persons who are described in IRC Subtitle E, and on the property of the government employees described in 6331(a). No similar provisions exist for anyone or anything else!
One of the more troubling statements the IRS makes appears in IRS Publication 1 (Rev. 10-90) entitled Your Rights as a Taxpayer. On the last page under the subheading, "Access to your private premises," it states: “A court order is not generally needed for a collection officer to seize your property. However, you don't have to allow the employee access to your private premises, such as your home or the non-public areas of your business, if the employee does not have court authorization.”
The statement "A court order is not generally needed for a collection officer to seize your property" is an incredible distortion of the truth. Keep in mind that the IRS admits that its interpretation of the law may directly conflict with court decisions. This is often the case, unfortunately, because its interpretations seem to be designed more to intimidate than to represent the intent of the law. Section 6331 is the only authority in the entire IRC that provides for the levy of property such as wages, salaries, etc., and the Notice of Levy of such. The limitation for that authority should be rather obvious since a Notice of Levy pertains ONLY to those persons who are subject to the provisions of IRC Subtitle E, and certain officers, employees, and elected government officials and, of course, their "employer" -- the government.
To understand the limited nature of a levy, we need to define the term. A "levy" is a confiscation of property in accordance with a legal judgment. From the definition itself, we see that there are two elements to a levy. The first element is that a levy is a confiscation of property; but the definition is limited by the second element which is that, before property can be confiscated, it must be in accordance with a legal judgment. In civil law, the specific process is carried out by a Writ of Execution, or Warrant of Distraint, which is a "formal process issued by court[s] generally evidencing the debt of the defendant to the plaintiff and commanding the officer to take the property of the defendant in satisfaction of the debt." (Federal Rules of Civil Procedure, Rule 69)
The Warrant of Distraint, or its equivalent, results in a lien filed against the property by the court. A lien, by definition, is a claim on property for payment of debt. The following are important points to understand regarding the nature of a levy:
a) A levy can only come after seizure;
b) seizure only applies to property subject to forfeiture;
c) the only property subject to forfeiture is that which comes under the provisions of IRC Subtitle E -- Alcohol, Tobacco, and Certain Other Excise Taxes; and
d) all the enabling regulations pertaining to levies are found in Title 27 CFR, which pertains only to those activities described in (c) above.
The individual who actually receives the IRS Notice of Levy is a third party; but rarely, if ever, do third parties realize that the responsibility for determining the validity of a levy is theirs (i.e. the institution’s employees or officers). Nor does such a third party usually fully realize the importance of making a correct legal determination, since an incorrect determination can lead to a personal liability and possibly also a criminal charge for "conversion of property."
From Black's Law Dictionary, Fifth Edition, we find that “conversion” is an unauthorized and wrongful exercise of dominion and control over another's personal property, to the exclusion of or inconsistent with the rights of the owner. This applies to pension fund managers as well as banks and other financial institutions.
Information available to me indicates that a rapidly growing number of people are becoming aware of the applicable law and are not bowing down to IRS threats and bullying tactics. Most people have little or no understanding of the applicable law, and thus are unaware of the statutory requirements that must be met before a levy (much less, a Notice of Levy) can be valid. I have found that most people assume the IRS has already made that determination; otherwise, why would the IRS be sending the Notice of Levy in the first place? In their minds, it naturally follows that the IRS is then legally responsible for any errors. What those who receive the Notice of Levy fail to consider is that, since they are the fiduciary in possession of the property, it is they who are ultimately responsible for determining its disposition -- not the IRS.
The trust we place in those who maintain our property is much like the trust we place in our doctor; it should be maintained at the highest possible level of honesty and integrity. The IRS agent who sends a Notice of Levy is usually acting on the presumption that he has the requisite authority to do so. Unfortunately, most IRS agents apparently have no idea what the law requires. Surprisingly, an IRS agent has no legal obligation to tell the third party whether the levy is valid and, more than likely, the agent doesn't know himself. Rather, because the third party has possession of the property, it is his/her responsibility to know the law and to act accordingly, or to seek competent legal advice.
The bottom line is this: were it not for the many parties involved and the various legal aspects that seem to confuse the average attorney, it would be impossible for the IRS to seize property under the guise of collecting income taxes.
AUTHORITY FOR THE LEVY
The authority to levy is restricted to and contained within Section 6331(a) of the Internal Revenue Code ("IRC"). The annotated version of the United States Codes provides more insight into the purpose of Section 6331. Title 26 USCA 6331, under Note 5, describes the purpose of this section as follows:
Purpose. This section was enacted to subject salaries of federal employees to the same collection procedures as are available against all other taxpayers, including employees of a state.
You will not see either §6331(a) or Note 5 printed on the back of any Notice of Levy form. For some reason, the IRS begins quoting their levy authority with the ominous sounding words of subsection (b): "Seizure and sale of property." However, that subsection is only an explanation of the term "levy" as that term is used in the previous subsection, IRC 6331(a), that limits the authority for that levy. Section 6331(a) contains the following key sentence:
Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. [emphasis added]
This sentence would seem to imply that only government employees are subject to levy. This would be correct if it specifically referred to the "employment tax" on income under Subtitle C; but it is important to emphasize that this section is implemented by regulations pertaining to, and making enforceable, levies on the manufacture of alcohol, tobacco, and firearms under 27 CFR Part 70, and certain other excise taxes under Subtitle E of the IRC.
The USC/CFR Parallel Table of Authorities reveals quite clearly the limited application of this IRC Section by identifying these excise taxes. The enabling regulations that it specifies pertain ONLY to 27 CFR Part 70 (alcohol, tobacco, and firearms) and those other miscellaneous excise taxes found in Subtitle E of the IRC. There is simply no connection whatsoever with the income tax of Subtitle A.
Therefore, assuming that all other legal requirements are met (e.g., notice and demand, court order, lien, etc.), a Notice of Levy may be made only on property of those persons who are described in IRC Subtitle E, and on the property of the government employees described in 6331(a). No similar provisions exist for anyone or anything else!
One of the more troubling statements the IRS makes appears in IRS Publication 1 (Rev. 10-90) entitled Your Rights as a Taxpayer. On the last page under the subheading, "Access to your private premises," it states: “A court order is not generally needed for a collection officer to seize your property. However, you don't have to allow the employee access to your private premises, such as your home or the non-public areas of your business, if the employee does not have court authorization.”
The statement "A court order is not generally needed for a collection officer to seize your property" is an incredible distortion of the truth. Keep in mind that the IRS admits that its interpretation of the law may directly conflict with court decisions. This is often the case, unfortunately, because its interpretations seem to be designed more to intimidate than to represent the intent of the law. Section 6331 is the only authority in the entire IRC that provides for the levy of property such as wages, salaries, etc., and the Notice of Levy of such. The limitation for that authority should be rather obvious since a Notice of Levy pertains ONLY to those persons who are subject to the provisions of IRC Subtitle E, and certain officers, employees, and elected government officials and, of course, their "employer" -- the government.
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Re: NOTICE OF LEVY
by roadglide Wed May 28, 2014 2:17 pm
Great post. It really burdens me that so many people live in fear of this agency. The only reason that people don't win their cases is because of their ignorance of the law. Our forefathers and those who participated at the Boston Tea Party must be rolling over in their grave.
*****************
“When the righteous are in authority, the people rejoice: but when the wicked beareth rule, the people mourn” Proverbs 29:2
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Re: NOTICE OF LEVY
by roadglide Wed May 28, 2014 2:39 pm
MartyM wrote:One thing to be mindful of, when you applied for your Soc.Sec. card, you unknowingly Volunteered
to be a 'Taxpayer' and 'Citizen'. You are now part of the system, you are not Sovereign. Upon the creation (registering) of your Birth Certificate, your parents basically gave you to the Gov. Corp.
I know you may not be aware of this or agree with it as it was done without your knowledge, but the 'Corp.' doesn't care what you believe or think. They are the bully's and only care about what they want and will have... at least untill we wake up and take it back. (jmho, though easily confirmed with a little research)
Having an SS# does not automatically make you an Income Taxpayer. Being involve in a Revenue Taxable Activity where your source of money stems from federal privilege does. You either have to be a government employee or have a contract with them. If those reading this forum would just read everything that's already been said here, you would have a great understanding.
“Fraud vitiates even the most solemn promise to pay", see U.S. vs. Throckmorton, 98 U.S. 61, 65.
I have fought the fight this fight and won, and I have personal prominent friends whose name you all know, who have had gun toting special agents at their door, and after they send the proper letters, etc. they have received a letter from the IRS saying they apologize for any inconvenience. I have first hand experience and am not afraid of the figure behind the curtain.
I realize there is a larger percentage of readers here that are more comfortable hiding under a rock, rather than taking a stand. There are now thousands like me who know how to demand that IRS follows the law, and have done it.
*****************
“When the righteous are in authority, the people rejoice: but when the wicked beareth rule, the people mourn” Proverbs 29:2
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Re: NOTICE OF LEVY
by MartyM Wed May 28, 2014 2:59 pm
As to issues with the IRS, it was and is not my intention to infer that anyone should back down or just give in. If you think the IRS Code(s) are confusing and difficult to understand, they are (intentionally). So what makes anyone think that any given IRS Agent is any more versed in there own rules... they're Not. These are just typical Gov. employees (working for a foreign Corp.), many with power and control issues who become over zelous at times, abusing their authority. If they are not held acountable for their actions, they will walk all over you and your rights.
I'm really surprised you ever got an apology from them, certainly not typical (IMO). You don't have to be affraid of them , just prudently aware and dilligent in your dealings with them. Or any Alphabet agency...
I'm really surprised you ever got an apology from them, certainly not typical (IMO). You don't have to be affraid of them , just prudently aware and dilligent in your dealings with them. Or any Alphabet agency...
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Re: NOTICE OF LEVY
by roadglide Wed May 28, 2014 7:45 pm
MartyM wrote:As to issues with the IRS, it was and is not my intention to infer that anyone should back down or just give in. If you think the IRS Code(s) are confusing and difficult to understand, they are (intentionally). So what makes anyone think that any given IRS Agent is any more versed in there own rules... they're Not. These are just typical Gov. employees (working for a foreign Corp.), many with power and control issues who become over zelous at times, abusing their authority. If they are not held acountable for their actions, they will walk all over you and your rights.
I'm really surprised you ever got an apology from them, certainly not typical (IMO). You don't have to be affraid of them , just prudently aware and dilligent in your dealings with them. Or any Alphabet agency...
AMEN!!
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“When the righteous are in authority, the people rejoice: but when the wicked beareth rule, the people mourn” Proverbs 29:2
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Re: NOTICE OF LEVY
by roadglide Wed May 28, 2014 8:10 pm
Below is an example from one of my associates of what you can put on, or with your form 4852 and 1040. He now files properly every year and gets back every dime the take from his paycheck.
"This form 4852 is submitted to rebut, and correct informaion on a document known to have been submitted to IRS by the party above as “Payer”, erroneously alleging that I received payments from them in the course ofa trade or business from any taxable activity and do not constitute any taxable income under relevant law.
I mistakenly included their incorrect W-2 with my 2011 1040 tax return, resulting in an incorrect amount of taxable income declared, and this is the reason I am now filing Amended return 1040X for the 2011. Under penalty of perjury, I declare that I have examined this statement and to the best of my knowledge and belief, it is true, correct, and complete".
"This form 4852 is submitted to rebut, and correct informaion on a document known to have been submitted to IRS by the party above as “Payer”, erroneously alleging that I received payments from them in the course ofa trade or business from any taxable activity and do not constitute any taxable income under relevant law.
I mistakenly included their incorrect W-2 with my 2011 1040 tax return, resulting in an incorrect amount of taxable income declared, and this is the reason I am now filing Amended return 1040X for the 2011. Under penalty of perjury, I declare that I have examined this statement and to the best of my knowledge and belief, it is true, correct, and complete".
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Re: NOTICE OF LEVY
by Jayzze Wed May 28, 2014 11:19 pm
folks while it might be true if and when it rvs pay your taxes or the gov will get all your money and more
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Re: NOTICE OF LEVY
by MartyM Thu May 29, 2014 12:29 am
It has been said, "Pay unto Ceasar what is due Ceaser" (or something like that), If indeed you feel you owe Ceasar / IRS / Corp. Gov., anything (taxes) then by all means you should pay them. Give them a little extra if you like (I'm sure they will appreciate it). But if you realize that the system is wrong and that we are being swindled by Ceasar, and you do nothing to change that, then you are indeed as much of the problem and swindle as Ceasar himself. jus' sayin (not meant to be directed personally) 
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Re: NOTICE OF LEVY
by UNEEK Thu May 29, 2014 4:40 pm
Thank you Roadglide and MartyM
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