Wives: Do This to Get Your Husbands Out of the Tax Revolt Cult Before It's Too Late
I am addressing this to any wife whose husband has come home to tell her that he has listened to a self-certified expert in tax avoidance. The expert says that they no longer have to file their joint 1040 form with the IRS.
Any wife with a lick of sense realizes that her husband has been lured into a disaster by some guru who may have spent time behind bars. She recognizes that if her husband does what the guru says, and she cooperates, she is going to find herself involved in a lifetime of fear. The IRS can put a lien against their property. It can place a lien on her husband's salary. It can take her husband to court, and there is no end to the threats. It is an open-ended threat for the rest of their marriage. She may lose her house. Her husband may lose his job. They will be in debt to the IRS for the rest of their lives. She sees no way out.
But there is a way out. She tells her husband the following:
I am not getting into this with you. Therefore, I am going to fill out the required IRS 1040 form every year, sign it, and mail it in. Check with your expert adviser on how his system will work when I do this. And, rest assured, I am going to do this every year.
Now the anti-IRS guru must face this dilemma: The wife of his newly converted acolyte is going to throw a monkey wrench into the works. The guru is telling the victim that he doesn't need to file, but he hasn't convinced the victim's wife. She is going to file. There will be a record of all of his income with the IRS. She will sign the form, on penalty of perjury. If he doesn't sign the 1040 form, it can still be used in court at any time to demonstrate their joint income. She owns half of it. That's the law of the land. She has the right to sign an IRS form.
What is he going to tell the jury when his wife gets on the witness stand and reports on the basics of their income? What does the jailhouse lawyer recommend?
The jailhouse lawyers have offered their schemes and dreams for non-filing on this basis: all of the wives are going to cooperate. All of the wives are going to refuse to sign. None of the wives is going to send in a separate 1040 form to the IRS, sign it on penalty of perjury, and then wait for the IRS to come knocking. The moment any wife takes this approach, the jailhouse lawyer is going to tell his targeted victim that the scheme will not work.
With this as background, let me quote from one of these self-appointed IRS gurus. This particular guru posted his article on an obscure wedding photography website. But the article is worth reading. This man goes into detail on what every wife is about to subject herself to, and subject her family to. Every wife who thinks that her husband is making a foolish decision ought to read this. She will then know just how foolish a decision her husband is about to make.
Her husband is about to drag her into a world of legal shadows. It is a world without salaries, without economic predictability, without bank accounts, and with all family property at risk of confiscation by the IRS. Here, according to one of these gurus, is the world she is about to enter.
THE SHADOW WORLD OF TAX PROTESTING
The author provides no background of who he is or what cases he has won or lost. He does not say how he has been involved in such cases. But he provides a warning in the opening paragraph. (Note: he loves exclamation marks. He uses them repeatedly.)
There are some facts of life that you flat out need to know before you jump into the deep end of the non-filing pool, cause if you don't, you're gonna get shot down. And that's reality!! I've been involved in the patriot movement since 1969 and the tax patriot movement since 1975. We've spent years researching the issues and assisting those with tax related problems, both in and out of the court room. We certainly haven't won all our cases, but even with those we lost, we learned. What we learned, you need to know. That's the purpose of this brief report. Wisdom suggests that you take the time to read and study it. We've been there, done the research and we know how to separate the wheat from the chaff.
Wives should recognize what their husbands are about to do to them and their children.
Every wife should file her own separate income tax form. She should tell her risk-oriented husband this: "You do what you want with your half of our income. I am filing regarding my half."
Her husband should then count the cost. His wife's IRS 1040 form will then alert the IRS to his decision to play jailhouse lawyer games. He will have to count the cost of her form in an IRS administrative hearing, or in front of a jury. What are his odds of winning when his wife's signed form is entered as evidence against him?
If she refuses to take a stand, here is what awaits her.
Note: this guru thinks most of his fellow anti-filing gurus are shysters and fools. These gurus do not trust each other. Each has his own "secret magic formula" for beating the IRS. They don't think the others' magic incantations will work. They're all quite correct.
Third worst case scenario, the potential destruction of your family. You need to talk your position over with your spouse. You need to discuss what is the worst case scenario if you come under either civil or criminal attack by a government entity. If a problem exists, you need to sever your spouse from you for tax purposes. If you are the breadwinner, you have an obligation to your family. You better assess your risks and determine how well you and your family can swim before you jump into the deep end of the non-filing pool.I don't want to beat a dead horse, but I have to present this admonition: Don't get involved in some wild theory unless you have personally researched that theory and you are confident that you can present that theory fluently before a jury!!
As I stated previously, there are many agent provocateurs and con men in the tax patriot movement. These people are willing to promote a line of bull and sell it to you for thousands of "frns." (Federal Reserve Notes) Before you jump into the deep end of the pool and buy into their program, you need to personally check out their track record. Don't just grab onto some wild theory because it sounds good or out of fear. Use common sense. Act like a reasonable man or woman. Reasonable people don't act irrationally. They make inquiry before they commit themselves. A good rule of thumb. If today's courts don't recognize the position, don't use it. If in doubt, fall back to the "Rights issue" position. That position is well recognized.
Believe me, I have seen some wild theories cross my desk. I am consistently amazed that so many people are willing to be suckered so easily and be so willing to shuck out thousands of bucks without prior investigation. Wisdom suggests that the higher the cost, the more gun shy you should be. There are no silver bullets!!!!!
The enemy is powerful and does not deal from the top of the deck. In addition they control the courts and the judges. Even if you are one of those "one-out-of-20" who does win a criminal tax trial, the financial costs for a good attorney are immense. You are either extremely skilled, overly arrogant, or a damn fool if you think you can win against the feds in a criminal case without a good attorney. (?)
What I am trying to impress upon you is to step gently and thoughtfully. You've been acting the role of a subject a long time. It takes a while to get your ducks in a row. If you are going to make the move, don't procrastinate and don't be skipping important steps.
I'm stressing to you to lay that solid factual evidentiary foundation so you never even get into a criminal courtroom situation. I'm stressing to you to keep your mouth shut and your writings on focus so as not to make stupid admissions and confessions.
I'm stressing to you to never give your opponent the opportunity to feel confident that a jury will find you guilty of a crime when no crime exists. I'm stressing to you to never let your opponent have the opportunity to be able to steal any of your property. I'm stressing to you to never proceed forward without having protected your family.
Unless you are serious, don't bog me down with phone calls. If you are going to call, get a tape recorder hook up for your telephone, so I don't have to keep repeating fundamentals or reinvent the wheel. I talk fast but I talk clearly. I don't give legal advice. I am not an attorney. I only make suggestions and give opinions. The bottom line to weaving your way through a non-filing position is yours. The buck always stops with you. There are no exceptions!!!!
This - you need to know.
Any wife who agrees to enter this world of jailhouse lawyers is as deluded as her spouse is. She can stop it in one declaration: "I am going to file my half of our IRS 1040. You do what you want. I am going to cooperate with the IRS. I am not going to jail. Turn all of our jointly held property over to me, now. Get a lawyer to do this. I am not joining you in this crusade."
Hers is the rest of the advice from this non-filer.
I have seen good intentioned patriots attempt to fight this tyranny based on a myriad of bull manure theories. I have seen con men and agent provocateurs under the guise of offering assistance, steal the resources of those being personally attacked by government agents.I have seen unmitigated arrogance by government officials, who claim master status over the people. I have seen judges, merely to keep their job or to keep the present system alive, carve out special exemptions for those government officials and agencies even when the law and the facts were overwhelmingly superior to the government's claim.
Because of this we have become more foundation oriented. We have come to realize that too many of us don't have our ducks in a row before we try to reclaim our rights, which through ignorance, we have failed to assert.
Prior to reasserting these rights and making a head on challenge to the tax system, I believe that a solid factual foundation is mandatory. To establish some standard of what is necessary, we should look at the worst case scenario.
Today, if you challenge any aspect of government on the claim that you are the master and government is the servant, the government will attempt to destroy your will to resist by jailing you, stealing all your property, and permanently breaking up your family. That is not theory. That is reality. Don't ever forget it!!
To counter this, there are steps that must be taken prior to making your claim and refusing to submit non-applicable government forms. First you have to get your head on straight. If you haven't done so already, you need to make a determination of whether you are one who is liable to file forms, waive rights, and pay an income tax. If you are liable, either follow the dictates of the IR Code and corresponding regulations or rid yourself of the impediment that brings you within the purview of that Code. If you aren't able to make that determination, then file the forms and pay the tax until you are able. Don't put the cart before the horse. If you don't know what I am saying, you're still not ready!!!
If you do make that determination and you are prepared to hold it as your conviction of your belief, rather than as a preference just to save a buck, then you are ready to move forward.
I am a strong advocate of establishing a solid factual evidentiary foundation to gut the first of those worst case scenarios, the criminal prosecution. To do this you will need to start by making inquiry of the government as to any obligation you may have, especially how you are personally obligated to waive fundamental rights in order to comply with their statutory scheme.
This inquiry and their response or lack of response is the foundation for the determination that your are not one obligated to waive your rights and comply with any taxing scheme under the claimed income taxing statutes. Don't presume anything. If the government is making the claim, the burden is on the government to substantiate the claim or show you the reason why.
From that point, our contention is that you should reply to any substantive counter inquiry by the government "of where is your tax form." Most times simply shifting the burden of proof back to the accuser and requesting verification of their claim is sufficient to establish that evidentiary burden of proof. Remember, its not so much what you get, it is what you don't get that is important.
In addition to letters of inquiry, you should be seeking professional opinion letters from those attorneys, accountants, consultants and researchers who offer to examine your position and explain to you why you are not one who is liable for an income tax. Names of such counsel are available on line by searching the key words "reliance defense."
The use of the Freedom of Information Act and the Privacy Act cannot be overlooked in establishing that factual evidentiary foundation to search for any documents of determination within the Treasury/IRS systems of records upon which they base their claim that you are "a person liable. If you don't understand how to use the FOIA and PA to your advantage, you don't yet have your ducks in a row sufficient to be on the front lines of the tax patriot movement.
Another method of building a factual evidentiary foundation, to gut a criminal prosecution, is to demand a face to face meeting with the agency honchos and personally putting the questions to them, while at the same time making the demand for documents which support their claim. It takes some cohones, but when the agents can't answer the questions or document their position, and further refuse (which they will do) to ever meet with you again, that is one fantastic reliance defense!!
If you can't do these things, then stay in the system!!!!!
Although I can tell you that I don't submit income tax forms to the state or federal government and haven't for 27 years, this doesn't mean you have to tell the world that you are a non-filer. Discussions of finances and your personal filing status in regard to taxes should likely be as personal as your sex life. Remember the 3 basic rules of survival when dealing with any government entity:
*1) Don't say anything,
*2) Keep your mouth shut and
*3) SHUT UP!!!!!
If a government agent calls you on the phone and starts asking you personal questions, you should respond courteously, but firmly, with a statement such as, "I'm busy right now (or I don't discuss private matters over the phone), please put your request in writing." If another question is asked, repeat what you said and then hang up the phone. If you can't remember this, put a note by the phone.
If an agent comes to your door and tries to question you, you smile and courteously state the same thing. If you can't remember this, put a note by your door, too. You also need to teach this to the family. Government agents are pros in eliciting information. They want to catch you off guard and get you to make statements that they can use to their advantage. This is not even the time and the place for you to be making inquiry of them. You must discipline yourself and your family to remember the three basic rules of survival mentioned above. These are fundamentals. The goal of any prosecutor is to get their case on the record and block your case off the record. The more you talk, the more ammunition you give them to use against you in or out of court.
The second worst case scenario is that those who want you back in the system, will want to steal all your property to get you there. So, inventory your property. If you can't afford to lose it, you need to be judgment proof. This means "NO PROPERTY IN YOUR NAME PRIOR TO THE ACTION TAKEN." This means no funds in the bank, whole life insurance policies, stocks, bonds, real estate, vehicles, boats, etc. etc. etc. This means no future pensions, IRAs, annuities, payments or accounts receivable etc. etc. etc. Any and all property owned by you is subject to theft (with very few exceptions) by those in the IRS without a court order. If you can't afford to lose it, fix the problem in advance or stay in the system!
If you don't want hassle don't leave a paper trail. Liberty is inversely proportional to government control. The more control the government has, the less liberty you have. A paper trail is, however, proportional to hassle. The more paper floating around, the more the hassle. That means no 1099s, no K-1s, no W-2s, no W-4s, no bank accounts, no credit cards, no public loans, no bank mortgage (1098's generated).
Paper referencing you, is easy to get if you are IRS agent. It is rare case indeed when anyone can permanently stop any banking entity from turning over an entire file on you, merely on presentment of an administrative summons to that banking entity.
I waited 30 years to find any statement as forthright and honest as this one from someone inside this cult. To wives, I say: "This is what your husband is getting you into. Pull the plug on this high-risk nonsense, now. Otherwise, you could lose everything." To wives who have been sucked in, I say this: "The longer your are an accomplice to this, the bigger the penalties on your family when your husband finally gets caught. Pull the plug, now."
CONCLUSIONS
To live in the world of tax protesting is to live on the fringes of society: no salary (paper trail), no banking accounts (paper trail), no checks for work completed (paper trail), no property in your own name. This is the world of barter. This is a world of self-imposed poverty.
The tax protester always fears the knock at the door of armed IRS agents. He lives in fear of liens on his salary, if he has a salary. His wife lives in this world unless she actively returns to the world of jobs, property, and bank accounts.
Every wife can pull the plug on her husband's foray into the shadow world of jailhouse lawyers. She simply tells her husband this: "I'm filing. You're on your own."
I recommend this.