....except in Tax Court.
So when Rep. Ro Khanna (D-CA) responded to people who are concerned about being audited due to increased funding for the IRS in the Inflation Reduction Act reconciliation bill by stating that “if people are honest about their taxes, this won’t be an issue," you know he's clueless.
Just another reason to abolish the IRS.
the only entity fixed more than family court
what happened to innocent until proven guilty?
Guilty until they’ve got all your stuff.
... then you’re still guilty.
Render unto Caesar the things that are Caesar’s.
And then prove that they are the things that are Caesar’s.
...the petitioner is usually the party who lost in the lower court.
How does the petitioner get to be the petitioner? Where is this lower court?
Congress needs to change the law so that no different than any “crime” (a) presumption of innocence is assumed, and additipnally (b) IRS must go to regular federal courts to obtain a guilty rulling in court, (c) claim cannot be based on mere interpretation of a gray area of the law - a gray area obtains automatic equal possible reasonable interpretation that disgarees with the IRS, and (d) IRS pays defendants court costs if defendant found not guilty.
Know that many claims are based on item (c) above.
Get the law changed and tben stand your ground.
Its a civil matter. Ever been in a civil law suit? Like divorce?
BTW, they will read you your rights BEFORE they start the audit. I asked them at that time, am I being charged in a criminal matter? They said no, so I told them then we have nothing to talk about. You will be in contact with my lawyer.
Walked out and the bitch sat there with her drooling mouth gaped open.
Deemed guilty by the IRS until proven innocent? Get rid of the IRS and the FBI. We can do better than that.
BTW..also, when they start they will take an inventory of what you have. Remember..this it is a civil matter.
They’ll ask you what you have and write it all down. Even if you have pets, how many, what kind..everything. How many vehicles and what kind..
Just like in a divorce.
Tell them NOTHING. Get a lawyer and let them talk to him/her.
They will threaten you with tax evasion..which then is a criminal matter..if I remember right. Then you STILL have the right to plead the 5th. Which is what it is..you are incriminating yourself.
Obamas new private militia he talked about as large and armed as the US Military. Well, Army has 481,000 active duty personnel. If you use the age old calculation that it takes 8 non combatants to field 1 combatant then about 60,000 Army are considered combat arms ready to deploy. So the 87,000 or so new IRS troopies, heavily armed and equipped like the military should give obama an orgasm that his dream may be realized having a militarized arm under his contol ( you just know he runs all the puppets) and the private Army larger than the standing Army, that answers to the executive branch (ie dicktater) instead of the pentagon is now obamas dream child.
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If 87000 can be hired by this communistic gang then the next administration, assuming it has common sense, can fire those 87000 gestapo agents. If I was looking for a new job I would be looking beyond this irs temp service.
To begin with, since we have a constitutionally limited power federal government, doesn't it make sense that the federal government's power to raise revenue should also be constitutionally limited?
With that question in mind, we need to go “upstream” of the misguided (imo) Tax Court and consider constitutional history concerning limits on federal taxes. So please consider the following material from a thread critiquing the unconstitutional (imo) climate and healthcare bill which the Democratic-pirated House passed today (Friday, 8.12.22).
The bottom line is that the states have never expressly constitutionally given the unconstitutionally big federal government the specific power to dictate, regulate, tax and spend in the name of Democratic politically correct, global warming junk science or INTRAstate healthcare (Obamacare unconstitutional imo), and a whole lot of other things that the feds spend taxpayer money on.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added]” —Gibbons v. Ogden, 1824.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." —Justice John Marshall, Gibbons v. Ogden, 1824.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
In fact, the congressional record shows that Rep. John Bingham, the main author of Section 1 of the 14th Amendment, had clarified that the delegates to the Constitutional Convention had left the care of the people uniquely to the states, not the feds.
”Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country.” —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
The remedy for unconstitutionally big federal government oppressing everybody under its boots...
The states need to eliminate the unconstitutional middleman, the unconstitutionally big federal government, from “helping” the states to manage their revenues.
More specifically, Trump's red tsunami of patriot supporters need to start supporting their Trump-endorsed MAGA candidates for state lawmakers ASAP to put a stop to unconstitutional federal taxes, and likewise unconstitutional interference in state affairs, by doing the following.
MAGA candidate state lawmakers need to lead ALL the states to effectively "secede" from the unconstitutionally big federal government by repealing the 16th (direct taxes) and 17th (popular vote for federal senators) Amendments (16&17A).
Once 16&17A are gone, unconstitutional federal taxes permanently stopped, each state will ultimately find a tsunami of new revenues (imo) that can be used to increase teacher salaries, also salaries of police and fire departments for starters.
Let's also include new state funding for infrastructure maintenance in that list. Undoubtedly many other state social spending programs as well to replace former unconstitutional federal spending programs.
In fact, Justice Louis Brandeis had seemingly reflected on Bingham's words (above) when Brandeis volunteered his "laboratories of democracy" metaphor to emphasize the unique power of the states to serve the people, ultimately depending on the kind of state social spending programs that the legal majority citizen voters of a given state want.
"[...] a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country." —Justice Louis Brandeis, Laboratories of Democracy.
So while we need to be concerned about presumed guilt in Tax Court, in the meanwhile Trump's red tsunami of patriot supporters need to work together to exercise our voting power to peacefully put corrupt Congress back into its constitutional Article I, Section 8-limited power cage, particularly where unconstitutional federal taxes are concerned.
Corrections, insights welcome.
As my name implies, I have been retired for over twenty years as a CPA and tax law professor.
This article is correct concerning a person’s presumed guilt rather than presumed innocence. It’s frustrating, but that’s how it works.
The exception to this is when I handled tax disputes in Bankruptcy Court rather than Tax Court. I’ve done this several times over the years and found the judges were much tougher on the IRS attorneys.
The Democrats appear to be starting a private army with all the new agents. The future does not look good.
R E N T E N M A R K
Global
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Ro the corrupt Indian foreigner is not clueless, he’s just a racist liar.