Search found 656 matches

by Cpt Banjo
Fri Dec 20, 2013 5:09 pm
Forum: Tax Practice & Policy and Tax Shelters
Topic: Tax Refunds for Dead People and Access to the DMF
Replies: 12
Views: 1780

Re: Tax Refunds for Dead People and Access to the DMF

The undistributed estate will still be receiving interest, dividends and capital gains until it is probated and distributed to the heirs. And the tax return with the deceased person's final earned income may not be filed by the survivors until more than a year after it was due, particularly if the ...
by Cpt Banjo
Fri Dec 20, 2013 12:28 am
Forum: Tax Practice & Policy and Tax Shelters
Topic: Tax Refunds for Dead People and Access to the DMF
Replies: 12
Views: 1780

Tax Refunds for Dead People and Access to the DMF

Interesting yet infuriating read. It's unfathomable why the IRS can't check the SSN of a refund claimant to see if it matches that of a dead person before mailing a check. And don't get me started on the IRS's sending 655 refunds to the same address in Lithuania or over $1 million in 355 refund clai...
by Cpt Banjo
Fri Dec 13, 2013 10:21 pm
Forum: US
Topic: Texas sov tries to arrange hit on Judge McBryde
Replies: 23
Views: 2569

Re: Texas sov tries to arrange hit on Judge McBryde

A 72-year-old Fort Worth man facing tax violation charges last year was convicted on Wednesday of attempting to hire a hit man for $100,000 to kill a federal judge who was going to hear the case, federal officials said. Phillip Monroe Ballard tried to hire a hit man to kill U.S. District Judge John...
by Cpt Banjo
Thu Nov 07, 2013 6:49 pm
Forum: US
Topic: Doreen Trial Set for August 20, 2013
Replies: 125
Views: 7237

Re: Doreen Trial Set for August 20, 2013

An earlier article in the "Kentucky Free Press" reported that Doreen was being asked to sign tax returns showing no tax due: Doreen cannot sign the 1040 because she doesn’t believe it to be true, correct, and complete. That is because the IRS made her fill it out with their numbers, not he...
by Cpt Banjo
Thu Sep 12, 2013 3:35 pm
Forum: Gambling and Quatloosia Good Life
Topic: Thanksgiving, Arlo Guthrie, Carnegie Hall...who's in?
Replies: 10
Views: 752

Re: Thanksgiving, Arlo Guthrie, Carnegie Hall...who's in?

Riding on the City Of New Orleans Illinois Central, Monday morning rail Fifteen cars and fifteen restless riders Three Conductors; twenty-five sacks of mail All along the southbound odyssey - the train pulls out of Kankakee And rolls along past houses, farms, and fields Passing trains that have no ...
by Cpt Banjo
Fri Aug 30, 2013 9:50 pm
Forum: US
Topic: File a False Lien - Go To Jail (Ronald Hoodenpyle)
Replies: 136
Views: 57376

Re: File a False Lien - Go To Jail (Ronald Hoodenpyle)

Among Hoodenpyle's arguments was that "the Court lacks jurisdiction over him because he is a subject of the Foreign State of God." Somehow this argument failed to sway the judge. US v. Hoodenpyle [& Sellors] (D.Colo., July 17, 2013) docket 13-cr-00140-CMA-2, 2013 u.s.dist. LEXIS 99830...
by Cpt Banjo
Thu Aug 15, 2013 8:01 pm
Forum: US
Topic: You Can't Tax Me - I'm Not A Sailor!
Replies: 10
Views: 939

Re: You Can't Tax Me - I'm Not A Sailor!

John is the king of insanity John is as crazy as he can be Gets a nice retirement check (Paid from taxes -- what the heck) He is the fellow who will not pay He drank the koolaid along the way John's the most amazing twit Welcome home, John, hypocrite. Strike up the band, here somes a sailor, "Y...
by Cpt Banjo
Wed Jul 17, 2013 11:14 pm
Forum: US
Topic: Poking around the 'net and I hear you are meanies
Replies: 21
Views: 1812

Re: Poking around the 'net and I hear you are meanies

I think I can agree with the assertion that income should not always equal 100% of the wage (which again, is a claim that can’t be true given exemption and the greater of standard/itemized deduction), though it shouldn’t necessarily be 0%, either. I see some merit in the idea that a purportedly ‘fr...
by Cpt Banjo
Mon Jul 08, 2013 4:19 pm
Forum: Tax Practice & Policy and Tax Shelters
Topic: Tax attorney neglects his own tax court case
Replies: 21
Views: 2494

Re: Tax attorney neglects his own tax court case

There was a famous tax law case (tax court, I think) Cynthia Heisman vs. Commissioner or something like, argued by Mark Manning on the IRS side. She was a stripper who managed to keep her depreciation deduction for her augmented boobs . And created much innocent hilarity in formerly dull tax law me...
by Cpt Banjo
Thu Jun 27, 2013 6:28 pm
Forum: US
Topic: Hendrickson Explains the 16th Amendment
Replies: 45
Views: 3351

Re: Hendrickson Explains the 16th Amendment

I doubt if there are any, because the income tax has never been held to violate the Uniformity Clause. There are unfortunate dicta in some cases that refer to the income tax as a direct tax that, per the 16th Amendment, needn't be apportioned. Dan has explained this in his FAQ: http://evans-legal.co...
by Cpt Banjo
Thu Jun 27, 2013 5:25 pm
Forum: US
Topic: Hendrickson Explains the 16th Amendment
Replies: 45
Views: 3351

Re: Hendrickson Explains the 16th Amendment

I would posit, that at least since the 16th Amendment, that an income tax is neither a direct nor indirect tax, it is, well, an income tax, an entirely separate class of tax created by the 16th Amendment. Whether that is technically true or not, it is the effective reality. This would be the case o...
by Cpt Banjo
Wed Jun 26, 2013 12:22 am
Forum: US
Topic: Hendrickson Explains the 16th Amendment
Replies: 45
Views: 3351

Re: Hendrickson Explains the 16th Amendment

On whether the §5000A penalty should be considered a "direct tax," there is an aspect of the opinions in Hylton v. United States, 3 U.S. 171 (1796), that should be considered. Two of the justices who decided the case thought that a tax should not be considered to be "direct" if ...
by Cpt Banjo
Tue Jun 25, 2013 4:25 pm
Forum: US
Topic: Hendrickson Explains the 16th Amendment
Replies: 45
Views: 3351

Re: Hendrickson Explains the 16th Amendment

In the Obamacare case, I believe the issue was probably briefed. According to the dissenters, the briefing was extremely brief. Finally, we must observe that rewriting §5000A as a tax in order to sustain its constitutionality would force us to confront a difficult constitutional question: whether t...
by Cpt Banjo
Tue Jun 25, 2013 4:19 pm
Forum: US
Topic: Hendrickson Explains the 16th Amendment
Replies: 45
Views: 3351

Re: Hendrickson Explains the 16th Amendment

And the notion that the mandate isn't a capitation because "Capitations are taxes paid by every person, 'without regard to property, profession, or any other circumstance'” is the equivalent of saying a tax of $100 per year tax on everyone isn't a capitation if it applies only to those 18 year...
by Cpt Banjo
Mon Jun 24, 2013 9:50 pm
Forum: US
Topic: Hendrickson Explains the 16th Amendment
Replies: 45
Views: 3351

Re: Hendrickson Explains the 16th Amendment

And the counter-argument would be that the activity of maintaining the plan is not precisely what is being taxed -- under either section 4971 or section 4980B. What is being taxed (under the counter-argument) is the specified inactivity - the failure to do some specific thing with respect to the pl...
by Cpt Banjo
Mon Jun 24, 2013 6:38 pm
Forum: US
Topic: Hendrickson Explains the 16th Amendment
Replies: 45
Views: 3351

Re: Hendrickson Explains the 16th Amendment

Interesting argument, but there is no federal court holding to the effect that all excises must be imposed on doing something to be valid. That's not surprising, since all excises have heretofore involved an event of some kind. I would argue that neither of these taxes is a tax on "doing nothi...
by Cpt Banjo
Fri Jun 21, 2013 9:30 pm
Forum: US
Topic: Hendrickson Explains the 16th Amendment
Replies: 45
Views: 3351

Re: Hendrickson Explains the 16th Amendment

I would argue that the term "activity" is something of a term of art in the federal tax law -- generally applying to some sort of affirmative action by the taxpayer (such as by engaging in a trade or business). I think your argument would work better if we said "all indirect taxes ha...
by Cpt Banjo
Fri Jun 21, 2013 4:59 pm
Forum: US
Topic: Hendrickson Explains the 16th Amendment
Replies: 45
Views: 3351

Re: Hendrickson Explains the 16th Amendment

For example, one of the points made by the Supreme Court in explaining its holdings in National Federation of Independent Business v. Sebelius , no. 11-393; no. 11-398; no. 11-400 (slip opinion, U.S. Supreme Court, June 28, 2012) is: The Constitution does not guarantee that individuals may avoid ta...
by Cpt Banjo
Tue Jun 18, 2013 12:17 am
Forum: US
Topic: No Jurisidiction (and, BTW, Frivolous)
Replies: 7
Views: 668

Re: No Jurisidiction (and, BTW, Frivolous)

This is the first time I've had the chance to mention the town of Lufkin, Texas in a limerick. Lufkin's too easy. Go a little farther north. Mr. Bufkin's outrageous approaches Were fostered in fair Nacogdoches His theories got silly From toking with Willie And then eating all of the roaches. Good t...
by Cpt Banjo
Thu May 30, 2013 4:07 pm
Forum: US
Topic: Who owns the IRS? and, by extension, the U.S. Government?
Replies: 28
Views: 3245

Re: Who owns the IRS? and, by extension, the U.S. Governmen

The cover letter to the report went further: Resistance to additional income taxes would be even more widespread if people were aware that: One-third of all their taxes is consumed by waste and inefficiency in the Federal Government as we identified in our survey. Another one-third of all their taxe...

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