Posted: March 7th, 2004 by Militant Libertarian
In a forum I frequent, the following was recently had as conversation between myself and another forum member:
> Hell…don’t pay your taxes if you think the IRS doesn’t exist.
> I will happily cash my refund ($2,618.00) from the nonexistant
Note: this is not a “refund,” per se. It is actually an overpayment on your part throughout the year. An overpayment which, by the way, garners no interest and for which they are under no penalty should they fail to return it to you. Try and sue THEM for your refund if it doesn’t show up…
Further, here is how “treasury agents” get their power: they confiscate your bank accounts and records, not by legally going through criminal court (they use “tax courts” and get subpoenas by judges paid by the IRS), but by threatening to “come down” on the bank if they do not comply.
Treasury agents do not surround your house, arrest you, and forcibly take your property. They have the local cops do it, using the same means as above. They wait safely out of range until it’s complete.
Due process of law does NOT apply in tax court. In fact, you have very little recourse in tax court and all arguments against the validity of the court, the IRS, etc. will be ignored and “thrown out” by the judge of said court.
There are currently three basic types of courts in this country and I’ve been in all three (on one or both sides of the room):
Civil Court – this is where you sue someone, they sue you, or you contest a parking violation. Of the three, this one is the easiest for the defendent to beat, not because of the court’s process, but because of the high chance the plaintiff will screw up or not show up at all.
Criminal Court – this is the court in which you will retain most of your rights, as outlined in the Bill of Rights. You can have a jury trial, possibly a fair judge, and a much better chance of defending yourself (assuming you can afford a lawyer). This type of court is becoming more and more of a railroad, however, as rights are ignored because the defendent is ignorant of the process.
Tax Court – this is the court in which you are guilty until you prove otherwise, all monies spent on your behalf are not reimburseable should you “win,” and in which the judge is paid by the same entity which pays the prosecution who’s bringing you to “trial.” If you get called into tax court, you’re probably better off just paying whatever the fine/penalty/whatnot is and getting it over with. They’ll only raise it once they’ve “proven” your guilt.
Got comments? Email me, dammit!