I went to tax court in June and haven't heard anything yet. The respondent's Lawyer said it would take about two months. So I waited.... in August I called the Judges chambers. They said it would be about a year before any opinion could be rendered - that they were still working on cases from 2008...Is this normal?
Can we help him out? I think he posted most of the relevant facts.
The NOD was incorrect because 1st and foremost the e-file authorization was never signed. I never authorized the filing. I told the judge the accountant and I argued about the filing and I never authorized it. She filed it anyway. I also argued my wages were excluded from items of gross income because I canceled my voluntary withholding agreement. The judge argued what I was doing was unconstitutional so I told him about Article I Section 9 No 4 No capitations....to which he said the sixteenth amendment gave congress the right to tax incomes....to which I replied the sixteenth amendment did not repeal Article I Section 9 Number 4. He told me that my compensation was taxable just like his was...to which I told him he was a federal employee and I made wages not compensation. I told him I did not operate a trade or a business. I am a common law employee and I made wages and they were excluded from items of gross income...than he walked out of the courtroom....The respondents lawyer said wait two months for an opinion... And here I am still waiting...
But when you sign the W-4 your earnings are deemed wages unless you terminate [31.3402(p)-1(2)] if you terminate they are deemed "excluded wages." [31.3402(e)-1] I told the judge i made excluded wages. [3402(e)] because I terminated my voluntary agreement. Excluded wages do not constitute wages. if I was wrong why not deliver a bench opinion? He didn't.
My feeling is this case will get dismissed. I was tricked into petitioning the court to begin with. What do you think?
So, you be the judge. What will the Tax Court do?
"Here is a fundamental question to ask yourself- what is the goal of the income tax scam? I think it is a means to extract wealth from the masses and give it to a parasite class." Skankbeat
Before i can be the judge i'll need to know how i can get to this alternate world in where it is standard court procedure for a judge to argue directly with a petitioner, refer to something they did as "unconstitutional", and walk out of their own court without actually ending the session. Oh wait, that must have happened inside Spirit's head. Sorry, i've been trying to lose weight but i don't think i can fit in there.
I have to admit that I think it is a bit odd that it is going to take that long for a decision, when if the actuality of the case is anything like reported, it should be a slam dunk basic check off the lost, wrong, wrong, and really wrong, boxes form ruling.
The NOD and efile, as near as I can figure have nothing to do with each other, dimtwiddle got the NOD because what was reported didn’t match what was reported to the IRS by outside sources, or they just plain didn’t believe the filing, take your pick.
Dimtwiddle can argue all he wants that his wages are excluded from gross income and would still be wrong and it has nothing to do with the withholding, voluntary or otherwise.
Panjandering Pete not withstanding, wages are subject to tax. Like I’m sure the judge got into an argument with this putz, who appears to be a real constitutional scholar ala the rest of the crowd who think they can make the words mean something they don’t. Does sound like he got most of his misinformation from good ole Pete. If the judge left it was because he was over and bored with the whole thing.
My feeling is that dimtwiddle has already lost and just doesn’t know it.
Grixit, I agree, the whole thing sounds like bad fiction, or at least delusion on the part of poor old Spirit.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
I highly doubt an accountant efiled a CTC return for this guy, unless she is crooked too. I wonder if she efiled a regular return that he then amended CTC-style. Either way, if her procedures are sufficient, she should have a signed 8879 from this guy on file which authorizes the efiling of the return.
"Pride cometh before thy fall."
--Dantonio 11:03:07
Grixit wrote:Hey Diller: forget terms like "wages", "income", "derived from", "received", etc. If you did something, and got paid for it, you owe tax.
I went to tax court in June and haven't heard anything yet. The respondent's Lawyer said it would take about two months. So I waited.... in August I called the Judges chambers. They said it would be about a year before any opinion could be rendered - that they were still working on cases from 2008...Is this normal?
Spirit:
The Tax Court has quite a few judges and they are often on travel around the country to all the trial locations. In addition, the Court has a large staff of legal clerks, paralegals and others.
You have to realize it takes a long time to pass your petition and other documents around to all of them to ensure that no one misses out on the joke.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
"I was tricked into petitioning the court to begin with."
Translation: I made a bad decision, a very bad decision, and now I'm totally screwed.
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"The real George Washington was shot dead fairly early in the Revolution." ~ David Merrill, 9-17-2004 --- "This is where I belong" ~ Heidi Guedel, 7-1-2006 (referring to suijuris.net)
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