Tax Experts Discuss New Efforts to Collect Back Taxes

By: SmartPros Editorial Staff

Oct. 17, 2003 (SmartPros) -- With more than $280 billion in taxes owed it, $77 billion of which is estimated as collectable, the Internal Revenue Service wants to crack down on delinquents. But right now, there aren't enough resources to recover the money, experts explained during the Tax Talk Today Webcast, "IRS Collection -- the Times are a'Changing."

"The IRS cannot hire enough people to handle this collection. It's too difficult to get everyone trained within a time frame that would be effective," explained Cheryl Sherwood, director of payment compliance within the Small Business/Self-Employed Division of the IRS.

Through the Collection Contract Support (CCS) Initiative that the IRS has proposed to Congress, the IRS will recruit private collection agencies (PCAs) to take on some of the collection workload. Performance of the agencies will be evaluated regularly to ensure they are staying within the guidelines of the contract. If pending legislation is passed, the initiative will be implemented within 15-18 months.

Brady Bennett, director of strategy and finance in the same small business division of the IRS, said the service will notify taxpayers by mail before a PCA contacts them. The private agencies will only contact taxpayers via mail and phone; there will be no house calls. Finally, taxpayers will send payments directly to the government, not to the PCA.

Taxpayers will have the option to decline contact by a PCA, and to request working only with the IRS. Panelists agreed that such a choice isn't encouraged, because the new process is designed to benefit both taxpayers and the IRS.

If taxpayers are unable to pay the full amount of taxes owed, they can submit an Offer in Compromise (OIC), essentially suggesting settlement on a reduced amount. Under the reformed collection process, the IRS will now charge $150 for that review.

"This fee will offset administrative costs and help to lower the number of frivolous offers received. Ultimately, this will make the program more timely and efficient," said Sherwood.

The IRS has a "zero tolerance" policy on OICs, meaning they must be complete and meet all requirements. If an offer form fails that initial test and is declined, the fee will be returned. However, after that stage is passed, the fee will be kept by the IRS, whether or not the offer is accepted.

Separately, in the show's "Breaking Tax News" segment, it was announced that the standard rate for deducting business mileage will be raised to 37.5 cents a mile in tax year 2004, up from 36 cents. Also, for the first time, beginning in 2004, taxpayers that use up to four vehicles at the same time for business purposes can use the standard mileage rate.

Smart Pro's website for full story

Thursday, October 16, 2003

Posted 9:29 AM by Creditwrench

Woman sues N.J. high court on gag rule

Wednesday, October 15, 2003

BY KATHY BARRETT CARTER
Star-Ledger Staff

The state Supreme Court unconstitutionally blocks free speech by preventing people who file ethics complaints against lawyers from speaking out about their cases, a Warren Township woman claims in a lawsuit filed yesterday.

The suit against the state's highest court contends its gag rule violates the First Amendment rights of people who believe they have been treated badly by their lawyer.

"Freedom of speech, freedom to petition the government for redress, criticism of government, and discussion of what government does is at the heart of the First Amendment," said Richard Gutman, the Montclair attorney representing the woman. Gutman said the woman is not named in the suit because she criticizes her attorney in the papers, in violation of the rule.

Under the rule, a person who files an ethics complaint against a lawyer is required to keep all communications about the complaint confidential. If the committee that reviews the complaint rules in favor of the lawyer, no public statements can ever be made about the case.

The penalties for violating the gag rule are not spelled out in the court rules, but Gutman said when a woman spoke out about a lawyer in a local newspaper in 1998, court officials warned her she could face administrative penalties or a civil lawsuit.

In comparison, when a complaint is filed against a doctor, the patient can talk about the allegations even if the Board of Medical Examiners does not discipline the physician.

The complaint filed yesterday in Mercer County Superior Court says the attorney at issue in the woman's case admitted she was guilty of minor misconduct. It also says the attorney is a public official and the woman believes she should be permitted to speak out about her.

Complaints against attorneys are made public only after a finding that there is a reasonable basis to believe the complaint is valid. Gutman said because 95 percent of the complaints are dismissed, the vast majority of people who complain are never permitted to discuss their cases in public.

John Paff, president of Citizens for Justice in New Jersey, Inc., an organization seeking to reform the state's attorney disciplinary system, has long criticized the gag rule.

"We test the decision-making of public officials all the time," said Paff. "Here, we are completely in the dark. Citizens have no way of testing the effectiveness of this attorney ethics process."

The New Jersey State Bar Association has been a major proponent of the rule, contending it is needed to protect the reputation of lawyers. Karol Corbin Walker, president of the bar association, could not be reached for comment late yesterday.

Winnie Comfort, a spokeswoman for the state Supreme Court, declined to comment on the lawsuit.

Kathy Barrett Carter covers the New Jersey Supreme Court and legal issues. She may be reached at kcarter@starledger.com or (609) 989-0254.

Monday, October 13, 2003

Posted 5:13 AM by Creditwrench

BANK ACCOUNT WITH NO S.S.NUMBER

Hi, Just wanted to drop you a line to let you know about a recent small victory in the no-SSN corner.

I recently tried to open a bank account with my local bank , and when they asked for a SSN, I informed them that I didn't have one. They flatly refused and said that without a SSN that they absolutely could NOT open an account of any kind. I then proceeded thus to convince them that they were in the wrong: 1) I informed them that I had terminated my SSN legally in accordance with 20 CFR 3 A7 404.1905 and 2) I informed them that the bank could not be held legally responsible by anyone for failing to obtain a SSN from me pursuant to 31 CFR 103.34(a)(1) and 3) I informed them that under the nternal Revenue Code Section 6041, that they were not even required to provide any taxpayer identification numbers on the Form 1099 that they file with the IRS at the end of the year, and 4) I informed them that pursuant to 26 CFR 01.6109-1(c) that they were under no legal obligation to obtain a SSN from me, and 5) I informed them that 42 USC 408 makes it a FELONY to use threat, duress, or coercion to try to force a person by fear or deceit to provide his SSN in an unlawful manner. After a brief meeting with the banks controller and legal counsel, I received a phone call stating that
I would be allowed to open a checking account. Please pass this information along to your readers, in hopes that it may help someone else who may find themselves in this situation.

Craig Burkholder

Harrisonburg, VA

Friday, October 10, 2003

Posted 6:16 AM by Creditwrench

J-accuse at the Juducial Committee Meeting

The Oklahoma House of Representatives Judicial Committee held a hearing yesterday at the Oklahoma State Capitol which featured speakers Richard Cornforth and Bill Bauer. The introduction was by Carl Weston of Tulsa.

Richard Cornforth presented the need for Judicial Accountability and Integrity Legislation and what changes need to be made in Oklahoma Law.

Bill Bauer presented testimony about the more than 184 known appelate court cases of prosecutorial misconduct recorded in Oklahoma History.

The opening statement was by State Rep. Tad Jones.

Judicial committee members in attendance were House Judicial Committee Chairman Opio Toure, Vice Chair Rep. Frank Davis and Rep. Jari Askins. The other nine Judicial committee members were not in attendance.

An amplification by Carl Weston

Yes, it was a great seed planting day at the Oklahoma State Capitol...........

It did take some time and some convincing to Representative Tad Jones as a acting on going legislature to get him to put us on the list to be heard. Although he got personal with the remark that he made by his wife being a lawyer, he shouldn`t have brought that up because his wife had nothing to do with why we were there. This goes to show how some of the brains work that we vote into office and we can learn by this experience and improve on it............

Yes, Richard did another great job educating the brains in the marble building. Believe me I was watching what was going on in the back ground in the other room while Richard was speaking and the two bar brain idiots were acting like clowns for distraction.

Yes, we did have some ears and their were some others there that was wondering if there was going to be a new law or bill proposed.

Although things didn`t pan out like we might wanted them to because most brains in our legislature haven`t experienced being riped off in the court system by their designing.

On another note, I was comfronted by two people that I did not know asking if we needed a lobbyist to help work any legislation that we were proposing. The next step in my opinion is to get the draft of the Judicial Accountability Amendment to the Oklahoma Constitution typed up into bill form to be presented this next legislative session coming up next year to get into committee and hopefully on the House Floor for a vote. I`m not sure now if Rep. Jones is willing to continue with this process but I will keep working him and other Representatives that are already in office. As some might know, I will be running again next year for State Office and their will be no question if I`m voted in getting legislation on the floor for a vote to hold these bar brains accountable.............

I will be making follow up contacts next week with the members of the panel that were there and that were not and I encourage you to do the same............

As I`ve said many times that this movement is controversial and we have to keep an open mindedness and think out side the box. The bar does not want us to succeed in what we have been trying to do to change the system and they are doing everything they can to fight back. We have to think of some positive unusual ways to work the system since we don`t have the funding as the bar does.............

The roots are growing........................

cw

Have you been ripped off or scammed?

By Bankrate.com

What do ghosts, goblins, smooth-talking lenders, shoddy home inspectors and scam artists have in common? An encounter with each can be pretty scary and downright annoying.

What's the worst thing that's happened to you? Maybe your identity was stolen and the bank wouldn't believe you. Or, you canceled your cell phone service only to continue receiving bills. Or, your low-rate credit card suddenly shot to 22 percent. Don't suppress your anger -- vent. Share it with fellow consumers in the annual Bankrate.com Financial Horrors roundup, which we will publish before Halloween.

Send your tale to: Financial-horror@bankrate.com. Our staff will cull through the stories and post a list of the best of the worst in late October. And don't worry -- you will remain anonymous.

Want to glimpse last year's horrors? Take a peek -- if you dare.

-- Posted: Sept. 29, 2003

Thursday, October 09, 2003

Posted 8:36 PM by Creditwrench

Immediate Release
Thursday, October 9, 2003

For additional information contact:
Representative Odilia Dank
(405) 557-7392 (405) 947-5510

State Rep. Odilia Dank (R-Oklahoma City) predicted Thursday a "major tax rebellion" if something isn't done to curtail the 5 percent annual tax increase that is presently being assessed on most property owners in Oklahoma.

"There is a major tax rebellion brewing in our state -- the likes of which this state has not experienced since the passage of State Question 640," Dank told an interim study committee at the state Capitol.

"Senior citizens, working people on fixed incomes, the disabled, and just the average John Q. Public are disgusted with the fact that they are being assessed an additional five percent, per year in property taxes without any justification or cause shown for the increases."

Dank stated that tax relief groups have now formed in the major metropolitan areas and are in the process of expanding statewide. She pointed to senior citizens as the group that is suffering the most under the present system.

"Senior citizens feel totally helpless as their investment incomes continue to decline and their taxes continue to rise. Most of those who are presently having difficulty choosing between food and prescription drugs are now worried about losing their homes," Dank continued.

"Most working families in Oklahoma are no longer receiving pay raises, but they, too, suffer the unjust consequences of higher and higher property taxes each and every year. People don't know where to turn for help."

Dank referred to the present system of property assessments as 'conscription' and predicted that sooner or later the citizens will take the situation into their own hands.

"Quite frankly, this type of tax conscription has got to come to an end," Dank emphasized. "I sense that the natives are getting restless and, sooner or later, that will result in a major tax revolt."

"That's why I am proposing a property tax freeze on all households of our senior citizens, together with a one percent, per year limit on any increase in property taxes, period! I would really prefer that any new taxes imposed on our citizens meet a justification standard that would be put to a vote of the people."

"But, if something isn't done, and done soon, we're liable to see another statewide initiative petition that would call for a vote of the people on all increases of property taxes," Dank states. "And, while the petitioners are at it this time around, they might throw in a provision calling for a vote of the people on all fee and license increases---which have become the new means of taxation in Oklahoma."

Dank pointed to other areas of tax concerns, but listed this as the most in need of immediate attention.

"There are other areas of tax concerns that should be addressed in Oklahoma, but this area seems to be one of the most pressing for those who own their homes and want to continue to be able to afford them.

Taxes on senior citizens' income, capital gains, regular income taxes, are topics for another day."

"Let's first address the issue that concerns the largest majority of our taxpayers," Dank urged the committee.

"Let's take the first step and do something about this excessive and unfair system that places another burden on our citizens each and every year."
-30-

Saturday, October 04, 2003

Posted 3:31 PM by Creditwrench

Automatic meeting notifications

I have set up an automatic meeting notification system that will notify all members of the Oklahoma City J-accuse chapter each time a meeting or event is scheduled.

All members will receive one notification by email and telephone or cell phone 12 hours and again 2 hours before each meeting.

By using this new automated notification system we should be able to eliminate the problem of members who don't get a chance to notify each other because of conflicts with their daily routine.

It should be a big improvement and very helpful in getting attendance to our meetings.

Friday, October 03, 2003

Posted 12:53 PM by Creditwrench

Ted Gunderson and his supporters

I see a few people starting to praise Ted Gunderson of late.

I ran into him back in 1995 when he butted into the Oklahoma City bombing investigations with a bunch of off the wall theories and statements and got into at least one so called investigation of the event. That got him enough publicity and attention that the next thing I knew he was trying to run against then Pres. Bill Clinton with a campaign budget of $1700.00. Needless to say, nobody of any repute paid any attention to him in either instance.

We didn't hear much of anything about him until in November of 1999, an enormous amount of paperwork from retired FBI Special-Agent-In-Charge Ted Gunderson who had compiled box loads of research and had assembled a number of reports in recent years which described unimaginable "operations" of treachery, sadistic savagery, degradation, abuse, and murder caused by intelligence agents of the United States government against its own citizens, especially children began to surface in which it was claimed the following and more:

The kidnapping of children for purposes of prostitution, pornography, high tech weaponry experimental abuse, mind control abuse, child slave labor for underground alien-controlled facilities, white sex slavery, and the satanic ritual murder of untold thousands of American children snatched from the streets and playgrounds of America by agents working for the CIA is the principle reason for the existence of a covert CIA operation called "The Finders". The Finders is one of the most alarming and despicable covert operations against America's children that Gunderson's investigations helped to uncover, but it's only one of many covert Gestapo-like acts committed against American citizens by government agents under directives issued, not by Congress or the President, but rather by international satanists collectively known as the Illuminati, who control the Secret or Inner government of the United States as well as every other major government in the world. The "Finders" operation began in the 1960's and continues kidnapping children to this very day.

Some years after retiring from the FBI, Ted began looking more deeply into cases of satanic murder ritual activity after becoming convinced of the innocence of a young Army medical doctor named Jeffrey McDonald who was falsely convicted in the 1970's of the murder of his wife and three young children in a bloody and grisly satanic murder ritual. The murders were in fact committed by a satanic cult who had targeted McDonald's family and set up Dr. McDonald as the patsy. The prosecutors in the case helped to railroad McDonald into prison because the prosecutor's office was anxious to shield the identity of prominent individuals involved in satanic activities who the cultists could have identified had they been arrested and interrogated.

The participation of persons of high position in satanic rituals and child prostitution was revealed in the 1992 book, The Franklin Cover-Up, by former state senator and attorney, John DeCamp. The Franklin Cover-Up describes the role played by the CIA's "Finders" in the drugging, mind control, and forced coercion of kidnapped children into silent compliance to serve the pedophilic and sadistic appetites of some of the most prominent and well known people in Omaha, Nebraska and Washington, DC.

Now then, as might easily be surmised by those who know me, I am not an advocate of government or much of what they do, but on the other hand I am much more vocal about those who spew wild tales of mind control, deliberate trafficing of drugs to our children by government in order to pay off our national debt and other so called "patriot" theories.

Stories such as the one by "Alarma" which is a Mexican rag equivalent to Tattler, Globe and the rest of it's American supermarket cronies in which the Mexicans claimed that they had arrested two CIA pilots in Baja, Calif. who were in a twin engine plane that landed there loaded with drugs which the Mexicans claimed were to be sold on American streets by the American government to help pay off our national debt simply leave me cold.

Now I see some J-accuse members trying to promote Gunderson and his looney ideas and conspiracy theories as being truth. Please, let us not take the chance of letting J-accuse become somehow associated with conspiracy theorists because to do so will surely ruin our cause.

Just my two cents worth.

Bill Bauer

Thursday, October 02, 2003

Posted 9:15 AM by Creditwrench

Open Letter To Mark Everson, IRS Commissioner:

Dear Mr. Everson;
I just finished watching the video of your statement addressing the so
called "challenge" of tax compliance that you face.

First, let me say that I have long ago lost any confidence in the your
agents' honesty and integrity. Aren't you responsible for their poor
training in tax law? I also have lost any confidence in your ability to
even answer an honest question, which calls into question your motives.

The people who appeared with you talked so much about "fair share", "tax
schemes", "abusive tax shelters", and spent a lot of tax payer dollars in
telling everyone what a great job you are doing. Why is it that I find
fraud and abuse almost every time I try to contact the IRS. Why don't you
address fraud and abuse in your own agency before looking elsewhere?
Agents hang up the phone on me when I ask them to supply me with a tax
assessment. Do your agent even know that before they can issue a notice
of deficiency, that an assessment must be done? Unsigned letters come
from the IRS with only a phone number on them, and when you call that
number, no one answers!

Mr. Everson, would you please tell me your definition of "fair share". Is
it 50% or 75%? What percentage of a corporation's income is a "fair
share"? Can this go to 100% under the next IRS commissioner's idea of
"fair share"?

Wouldn't it be refreshing for us citizens (in fly over country) to wake
up one morning and actually have the ability to contact you or your
agents! Do you know that there is even a problem here? Why won't you even
talk to us? Is it nice and cozy and protective up there in your ivory
tower? Wouldn't it be refreshing for you to be able to dialog with us? We
seem to know the Internal Revenue Code and the U.S. Supreme Court case
law better than you.

Please feel free to go through my 18 page report on liability. I offer my
extensive research to you and the government for free! How many times
does the government get an offer like that? You might even find out
something hitherto unseen and unknown by you. Your attitude and arrogance
cause me to seriously question your integrity and competence in the law.

Would you please answer me a few questions?
1) Why won't your agents sign the letters that they send out? What is
wrong with you, Mr. Everson?
2) Why won't they respond to our many letters? What is wrong with you,
Mr. Everson?
3) Why won't they follow collection procedures in the IR Manual? What is
wrong with you, Mr. Everson?
4) Why are they doing criminal investigations under sections 7201-7209,
when the US Attorneys' Manual says there is no jurisdiction for them to
do that? What is wrong with you, Mr. Everson?
5) Why are agents engaged in collection actions who are not authorized to
do so under section 7608? What is wrong with you, Mr. Everson?
6) Why do Notices of Levy go out to banks and companies when there is no
Levy existent? What is wrong with you, Mr. Everson?
7) Why do Notices of Levy go out unsigned and illegible? What is wrong
with you, Mr. Everson?
8) Why won't any IRS agent provide us with a delegation order from the
Secretary of the Treasury? What is wrong with you, Mr. Everson?
9) Why are agents with non-enforcement pocket commissions taking
collection actions? What is wrong with you, Mr. Everson?
10) Why does the IRS insist that the 16th Amendment provides them the
authority to levy a direct tax without apportionment on a non corporate
entity or individual? What is wrong with you, Mr. Everson?
11) Why does the IRS not know the U.S. Supreme Court definition of
"income"? Is the IRS stupid or am I missing something here? What is wrong
with you, Mr. Everson?
12) Why does the IRS use IRC section 6331 as their authority to levy on
private citizens, when it only applies to government employees? What is
wrong with you, Mr. Everson?

Mr. Everson, as the latest of a long list of uninformed Commissioners of
the IRS, don't you think it is high time that you and your "head in the
sand" minions cast off your blinder and quit slandering good and honest
hard working people? Don't you really want to honor your Oath of Office
to uphold the Constitution? Do you really think that we are so stupid
that we don't know what the taxing clauses of the Constitution say and
what the U.S. Supreme Court has ruled as to direct taxes being levied
without the apportionment provision?
If you would be so kind as to invite me to testify before Congress on
these matters, I will gladly do so if you will provide the plane fare.

Mr. Everson, the citizens of this great nation can no longer tolerate
officials who allow corrupt practices to flourish. We can no longer
tolerate government officials who will not respond to a petition for a
redress of grievances. We can no longer tolerate the government violating
he Constitution. We can no longer watch in painful anguish as people are
sent unlawfully to prison for allegedly breaking a law that does not
exist. We can no longer tolerate officials who do not honor their Oath of
Office.

What is wrong with you, Mr. Everson?

I therefore am supplying my name and address and phone number below for
you to contact me in order that you can rebut anything in my 18 page
report that I am attaching. I am also asking all my fellow patriots and
citizens to disseminate this letter over the internet as widely as
possible.

May God Save This Nation From Arrogance And Abuse By Government
Officials,
Former Candidate For Michigan Secretary Of State,
Current Candidate For Michigan House,
Chuck Conces,
9523 Pine Hill Dr.,
Battle Creek, Michigan 49017
1-269-964-7025

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