Dale Pond dalesvp@centurytel.net
I'm not promoting this person or his materials. However, we take what wins we can get any way we can get them. 
Wins against IRS & Calif. Franchise Tax Board
Posted by: "legalbear7" bear@freedivorceforms.net legalbear7
Sun Dec 23, 2007 7:59 pm (PST)

 I have some wins to report against the IRS and the Calif. Franchise Tax Board.

As some of you know, I have had a problem with people not getting back to me after they get a win using my research. It seems that up until I started bringing up the issue, I was learning about wins almost always as an afterthought. These are some of the recent wins where people took the trouble to get back to me.

Bill ordered a bunch of stuff off my webpage. He had a problem with an IRS levy. He called me and in his baritone voice told me that shortly after he sent in Freedom of Information Act requests asking for potentially embarrassing information the levy against him was released. I am only using his first name because I did not get permission to broadcast his win. If you were to ask me if you could get a levy released by sending a Freedom of Information Act request, I would tell you no. Hey, I take wins anyway they come. I am sure you do as well.

Bobby Sanders, an air traffic controller in Sacramento, bought my IRS Levy Thumper package. The levy was going to take effect in short order and Bobby did not want to miss any paychecks. Instead of writing a letter noticing them of his intent to sue, because of the shortness of time, he hit the phones and started calling the IRS and explaining to them the error of their ways applying the principles in the package orally instead of in writing. I think it was the third call he made that the lady on the other end said, "Let me take care of this for you." She released the levy. Bobby called me up all excited. He tells me, "I couldn't have done it without you. Use me as a reference if you need to."

A friend of mine, who sponsored me on internet radio for a while, heard me talking as a guest on my friend's internet radio program Mel's Bar and Grill. The topic was removing liens and levies. He called me up after the program was over and told me, "Remember, I bought one of your packages? They were levying my Social Security. I sent a letter in like the one in the package and all my checks since then have been for the full amount."

A guy named Colin called me off my webpage. He is in California and had been notified that the Franchise Tax Board would be levying his funds. He wants to know if he can use the Levy Thumper package to stop the levy. I tell him no, but that he could use the same principles that could probably be found in state statutes and code. I ran a few searches for him in the www.versuslaw.com <http://www.versuslaw.com/> caselaw data base for California just to get an idea of whether my suggestions to him were valid. I got around a hundred hits on each of the words abatement, "under protest", and a couple more words and phrases I tried which told me I was on to something. We hung up and he set out to stop his levy. A few weeks later he called me back all excited. His research showed him a way to stop the levy under California law; he pursued it and was successful. He wanted to know if I would trade him my IRS Levy Thumper package for his Franchise Tax Board research and paperwork. Since I get calls about them all the time, I said YES! We made the swap.

I got a call from a guy also in California named Lee. His wife is in the medical profession and has been notified that the Franchise Tax Board intends to levy her pay. Without having read it, I offer to sell him Colin's research (Colin knew exactly what I planned to do with it.). Lee takes me up on it and I forward it to him. He reviews it; understands what Colin did and implements it. A week or two later I get a call from Lee. His wife is getting her full check; everything is swell!

I get an email from a guy in the South named George Bailey. George is trying to refinance some property and discovers an IRS lien blocking the refinance. He had a defunct business whose comptroller had failed to remit withholding which resulted in a lien against him. He found my website and called me up wanting to know what could be done. When I learned this took place more than ten years ago a thought came out of the faint recesses of my mind that this lien might have had a self-releasing provision on its face. I encouraged him to head down to the recorders office and actually look at the face of the lien. He wrote me an email that said, "I want to thank you so much. You where correct it was a self releasing lien. The county would not still release the lien from land records even though it said the document itself was the release after the specified date. I spoke with the IRS and they confirmed it in their system and are mailing me the release form to take to the county. I will send everyone I run across to your site."

And this last one is not a win yet, unless you look at it in a twisted sort of way. A United Parcel Service driver named Everett calls me up. He found my website because the IRS is levying his pay and leaving him a pittance to live on. He sounds pretty desperate so I call him back and tell him I will give him my IRS Levy Thumper package for free; both the arguments and the delivery system (all my research on 26 USC § 7433 suits for unlawful tax collection). He downloads it and has it a few days and then calls me back. I can hear the exasperation in his voice. He is disconsolate that there were no instructions in the package. I tell him, "The statutes and the regs are the instructions. They tell you how to do it." He claims to have read everything in the package. As I make reference to different parts of the arguments section, he keeps saying, "I already had that." and "That is available on the internet." I ask, "Why not take them to task on taking more than 15%?" He replies, "They never put that in the in the statute." I ask him to follow me into the arguments folder to the file on 26 USC § 6331 and open the § 6331 file. I scroll down, and there, highlighted in red and bolded, is the provision that limits the IRS to taking no more than 15% of wages. I asked him, "Are you ready to admit now that you have not read everything in the package?" He wasn't. As a result of talking with him, I drew a conclusion. Everett and I see things differently. I tell him, "You know what your problem is? You are looking at this with your eyes closed! You have got to look at this with your eyes open!"

As a result of this revelation, I told him the story about my retired buddy Ken. Ken and I didn't know each other until he found my webpage and called me up all skeptical about whether what I proposed would work to get the levy on his Social Security off. I convinced him to buy a package and give it a try. I could tell Ken did not know much about legal research because he is trying to look up the statutes and regs in the first letter I wrote that worked and keeps sending emails that say, "I cannot find this statute that is mentioned in the letter." and "I cannot find this reg that is mentioned in the letter." Finally, emails like that from him came to an end. We were talking a few months later and he mentions in passing, "Oh by the way, after I sent in that letter my next Social Security check was for the full amount."

After I told Everett the story about Ken, there was a drastic change in his attitude. It was like he relaxed. It was as if the thought went through his head, if Ken can do it, so can I. He even said, "That was what I needed to hear."

Lee, mentioned above, and I went through a similar discussion. As we talked about the Calif. Franchise Tax Board's proposed levy on his wife's pay, he kept saying things like, "They never listen to anybody…", "They do not care about the law…", and "Nobody wins with them…" In the midst of that conversation a revelation hit me, Peter saw the wind! Look at this passage from Matthew 14:25-32:

"Now in the fourth watch of the night Jahushuwah went to them, walking on the sea. And when the disciples saw Him walking on the sea, they were troubled, saying, "It is a ghost!" And they cried out for fear. But immediately Jahushuwah spoke to them, saying, "Be of good cheer! It is I; do not be afraid." And Peter answered Him and said, "Lord, if it is You, command me to come to You on the water." So He said, "Come." And when Peter had come down out of the boat, he walked on the water to go to Jahushuwah. But when he saw that the wind was boisterous, he was afraid; and beginning to sink he cried out, saying, "Lord, save me!" And immediately Jahushuwah stretched out His hand and caught him, and said to him, "O you of little faith, why did you doubt?" And when they got into the boat, the wind ceased." (emphasis mine)

I have known about him seeing the wind for a long time. I have already given thought to the fact that you cannot see the wind. I had already given thought to the fact that as long as Peter's eyes were on Jahushuwah, he walked on water. As soon as he "saw" the wind, he began to sink and needed saving. The part that was new to me was how what he looked at affected what happened to him!

For the first time I understand now what Jacob was doing in Genesis 30:37-43 where it is written:

"Now Jacob took for himself rods of green poplar and of the almond and chestnut trees, peeled white strips in them, and exposed the white which was in the rods. And the rods which he had peeled, he set before the flocks in the gutters, in the watering troughs where the flocks came to drink, so that they should conceive when they came to drink. So the flocks conceived before the rods, and the flocks brought forth streaked, speckled, and spotted. Then Jacob separated the lambs, and made the flocks face toward the streaked and all the brown in the flock of Laban; but he put his own flocks by themselves and did not put them with Laban's flock. And it came to pass, whenever the stronger livestock conceived, that Jacob placed the rods before the eyes of the livestock in the gutters, that they might conceive among the rods. But when the flocks were feeble, he did not put them in; so the feebler were Laban's and the stronger Jacob's. Thus the man became exceedingly prosperous, and had large flocks, female and male servants, and camels and donkeys." (emphasis mine)

So, Jacob's understanding seems to be that what the flocks saw affected the end result.

Another Scripture came to mind having a bearing on what we see out of Habakkuk 2:2-4:

"Then Jahuwah answered me and said: "Write the vision and make it plain on tablets, that he may run who reads it…the just shall live by his faith."

So, Jahuwah wanted Habakkuk to "write the vision" in order that it could be read or seen and the effect of the seeing would be that "…he may run who reads it…" Hebrews 11:1 gives a clearer understanding of what is meant by this term "faith", "Now faith is the substance of things hoped for, the evidence of things not seen."

And still another from Job 22:28:

You will also decree a thing, and it will be established for you; so light will shine on your ways.

This last one applies in a circuitous way; that being that before you can decree a thing you must see it in your mind. Once you have decreed a thing the way to accomplish the decree that you have made becomes clear.

So, to see with your eyes closed is sort of like seeing the wind. It is to say and think things about the IRS and Franchise Tax Board like, "They never listen to anybody…", "They do not care about the law…", and "Nobody wins with them…" You do not know definitively and absolutely that these things are true. In fact, from the stories above you can see that statements like these are not definitively and absolutely true. Instead, like Peter when he was getting it right and doing the seemingly impossible of walking on the water we too must follow the admonishment of Hebrews 2:9 and "see Jahushuwah". And what is Jahushuwah? He is the Word. See John 1:1 & 17. And the Word in particular we must see if we want to win against the IRS, Franchise Tax Board, or any other oppressive element of government, are Scriptures like 1 Corinthians 15:57 which says, "But thanks be to Jahuwah, which gives us the victory through our Lord Jahushuwah the Messiah.", 1 John 5:4, "For whatsoever is born of Jahuwah overcomes the world: and this is the victory that overcomes the world, even our faith." and 2 Corinthians 2:14, "Now thanks be to Jahuwah who always leads us in triumph in the Anointed One." Also II Samuel 7:9, "I am with you wherever you go, and have cut off all your enemies from before you…" When we see Jahushuwah in this regard we will be like Peter and do the seemingly impossible…the IRS and Franchise Tax Board will listen to us; will care about the law; and we will win! It all starts with the affirmative answer to the question, can we see ourselves winning? Now that I have re-read what I have written above, I have made this conclusion; there is no point in even starting a fight or dispute of any kind with the IRS or Franchise Tax Board until you can see yourself winning. The short route to seeing yourself winning is to speak Jahuwah's Word out loud. Watch a free video about that here

 <http://video.google.com/videoplay?docid=1173479467506882981&q=legalbear\ &total=5&start=0&num=10&so=0&type=search&plindex=0> . Bear

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