Was Due process violated by federal tax levy?

Answer 1

In my opinion, ABSOLUTELY! The IRS is not a part of the legislative or judicial branches of the government. In fact it is questionable as to exactly what legal relationship they have with the US Government and over the American people since they are a Puerto Rican corporation. Courts do not issue Notices of Federal Tax Liens. In fact, you will almost never see a tax lien from the IRS, because they seldomely exist! The IRS faxes to the County Recorders office 668 forms that are copied into the public records. The IRS isn't even required to certify the information being recorded, let alone being signed by the accusing party. They are stamped with the official county seal and it takes on the color of law...it looks like a legal document. At this point, 'Notices' are not backed whatsoever by a judicial process. The man or woman being victimized have not been granted 'due process' that is guaranteed by both Federal and State Constitutions. Due process has been an issue of 'basic' rights of individuals, but its application, as diverse as the interpretation may be, always includes the chance for that man or woman to defend themselves in a court of their peers against any accuser. That includes the IRS! People are given a chance to appeal the assessment within certain time periods established and graciously granted by the IRS. It is a process used to make you think that your rights are being honored, but it is not! Based on your understanding of the statutes and regulations governing income tax or amounts being charged, or whatever the legitimate reason may be, you may end up with a differing opinion than the IRS agent. If there is a standoff of opinions, the IRS (the accuser) must prove their allegations PRIOR to being granted any lien. Some states allow anything to be recorded on their public records, but have a statutory time limit (180 days) to 'perfect' that notice through court decision so the lien will exist (the 'notice' now represents that there actually is a lien) and they can collect. Currently, counties record the IRS Notice of Federal Tax Liens and because it's the IRS, District courts support the assertion that the man or woman actually owes the money claimed. Because the court ignorantly supports this contrivance, it converts a worthless piece of paper into a 'spendable' instrument. Basically it is fraud through conversion. If me or you were to try it, we would probably be arrested for attempted fraud! The income tax appeal processes that do not include judicial/court backing, is no different than your opinion against mine. And that is why courts were created, to settle the differences. Simply by pulling a figure out of the air and pretending that they have the right to not only declare that you owe income tax, but attempt to tell you how much you owe, is the height of arrogance and unchecked power. Many people are struggling and have sacrificed everything to rectify this problem. Unfortunately, most men and women are intimidated by the SS...I mean the IRS...to the point as my friend says, "I'll pay because I just want to be left alone!" It is a tricky path to know how to defend your rights as a living person against the most powerful and sophisticated collection agency in the world. But it can be done and be comforted that many now have discovered just how it is done without being the poor sucker who is in jail for income tax evasion. Legal avoidance and evasion...a huge difference between the two!