How To Get Out Of A Tax Lien

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Case Nos. 07-CV-2926, LOUTO J. BRAQUET JR., and 4:07-CV-2926, 4:07-cv-02926, COUNTRYWIDE HOME LOANS, H , and all similar Defendants. numbers with this case style NOTICE TO ALL PROSPECTIVE BUYERS/BIDDERS Sagecanyon Drive Houston, TX OWNERSHIP IS STILL VERY MUCH IN DISPUTE. To purchase this house is to receive stolen property. EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 1

2 BE ON NOTICE THAT BRAQUET WILL CHARGE CRIMINALLY ALL PARTICIPANTS IN THE CRIMES INVOLVED IN THIS MATTER. Assertion of Rights Louto J. Braquet, Jr. ( Braquet ), asserts all his unalienable rights, privileges and immunities at Natural Law, Common Law and Maritime Law, and all his commercial rights relevant to this state, a/k/a United States. Objection to Magistrates Braquet objects to the assignment of this case, in any part, to any magistrate. Braquet does not consent to, and affirmatively withholds all consent regarding, any participation by any magistrate regarding any matter in this case. This has never been an issue in this case, which Braquet greatly appreciates. It s also interesting that the concept is confirmed. Gonzalez v. United States, U.S. (12 May 2008). EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 2

3 VERIFICATION Pursuant to 28 U.S.C. 1746, I, LOUTO J. BRAQUET, JR., depose and declare (or certify, verify or state), under the penalty of perjury, that I am at least 21 years of age, that I am competent to make this Verification, that I have personal knowledge of the facts asserted, which facts are true and correct. Since the U.S. Mint and the U.S. Treasury are not even making silver available for sale, the governmental system is compelling the choice of law, and I do not consent to that compelled choice of law. Should the new funny money come out during the pendency of this case, I also do not consent to the new choice of law of the north american union. Fact to keep in mind throughout this Verification. The editors at irs.gov don t even breathe a word about taxpayer means fiduciary. There s no slamming of this concept anywhere, and there s not even any mention of it, anywhere. They ve had since about 2003 to include something, anything, on this position, and yet they remain thunderously silent. Federal criminal statutes of focus. This is a representative list, not an exclusive list: 18 U.S.C. 241, 242, criminal violation of rights under color, individually and in conspiracy 18 U.S.C. 371, conspiracy to violate law of the United States 18 U.S.C. 661, 662, taking and carrying away, and/or receiving stolen property 18 U.S.C. 872, 876, 880, extortion, by mail, by agent or office of United States and receiving the proceeds from extortion 18 U.S.C. 1001, making false statements, creating false documents 18 U.S.C. 1341, 1349, mail fraud and its related conspiracy 18 U.S.C. 1503, influencing or injuring officer [clerk] or juror generally 18 U.S.C. 1512(b), (c), (k) witness tampering and its related conspiracy 18 U.S.C. 1513(b), (e)[2], retaliation (where damages includes theft of ) and its related conspiracy 18 U.S.C. 1513(e)[1], (e)[2], retaliation and its related conspiracy 18 U.S.C. 1519, falsification of records in administration of this matter 18 U.S.C. 1951, racketeering-level extortion 18 U.S.C. 1956, money laundering EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 3

4 18 U.S.C. 1962, 1963, RICO-level criminal activity and its related conspiracy 18 U.S.C. 2071, criminal Record-tampering 18 U.S.C. 2314, 2315 interstate transfer of stolen property, receipt of stolen property State criminal statutes of focus. The relevant Texas Penal Code provision are not yet included, given the shortness of time to get this posted. However, certain theft offenses involving three or more people are within the punishment enhancement provisions of Chapter 71. Why this timing. The first I heard of any sale was seeing the sign in the yard as I happened to be driving by on Thursday, 19 March Thus, there s already a failure of Notice as ordered by the federal court. Interested buyers/bidders will want to familiarize themselves with this entire case file. The Notice process. This document and its attachment have been posted in the same location at Sagecanyon Drive as the irs Notice, except on the outside of the window instead of on the inside. This document and its attachment have been posted on the Notice board relevant to Notices for auctions at the state courthouse. And, this document and its attachment will be passed out to all participants in the auction. Also, all prospective buyers/bidders will want to find the ad in the Legal Notice section of the Houston Chronicle that refers to the Sagecanyon address. Further Declarant sayeth not. Executed on: 25 March 2009 /s/ Louto J. Braquet, Jr. LOUTO J. BRAQUET, JR. EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 4

5 Certificate of Service By my signature below, I certify that on this 25 th day of March, 2009, I have served a true and correct copy of this verified Notice by certified mail on the following: JOSHUA D. SMELTZER DOJ/Tax Division 717 N. Harwood Street, Suite 400 Dallas, TX ATTORNEY FOR (THE) UNITED STATES Note: Braquet denies the SMELTZER has signature authority for UNITED STATES OF AMERICA. SINCE ALL TRESPASSING PARTIES ARE ACTING PURSUANT TO INSTRUCTIONS GIVEN BY DOJ, DIRECT SERVICE ON DOJ IS SUFFICIENT, ALL THE MORE SO DUE TO THE FACT THAT THIS NOTICE IS NOW PART OF THE RECORD IN THIS CASE. COUNTRY WIDE HOME LOANS OF TEXAS, INC. c/o Corporation Service Company d/b/a CSC, Registered Agent 701 Brazos Street, Suite 1050 Austin, TX Service is also made as follows: TIM JOHNSON ROBERT J. BRANMAN Acting U.S. Attorney, S.D. TX Presently Acting Chief P.O. Box DOJ, Tax Div., App. Section Houston, TX P.O. Box 502 Washington, DC TOMMY THOMAS, Sheriff Harris County Sheriff s Dept. HAROLD L. HURTT, Chief 1200 Baker Street Houston Police Dept. Houston, TX Bagby Houston, TX ROBERT S. MUELLER, III Director, FBI ANDREW R. BLAND, III, SAC 935 Pennsylvania Avenue, NW FBI, Houston Washington, DC East TC Jester Blvd. Houston, TX /s/ Louto J. Braquet, Jr. Louto J. Braquet, Jr. EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 5

6 11630 SageCanyon What is income? To see the government s criminal intent and motive, let s review the debate. The debate focuses on this question: What is income? The answer is not, Anything of net gain to a citizen. This perspective is facially nuts for at least three reasons. First, there s the 1040NR. Thus anything of net gain to a non-citizen is just as subject to the income tax as anything of net gain to a citizen. Secondly, citizenship is a purely political connection. It is not, in and of itself, a commercial connection. Thus, claims on net gain in property value do not and cannot arise from citizenship, alone. There must also be a commercial connection, a commercial nexus. Thirdly, and the most egregiously obvious of them all, for purposes of debt collection, debt includes tax, 28 U.S.C. 3002(3)(B), and United States means a federal corporation, 28 U.S.C. 3002(15)(A). What does this tell the observant? It tells the observant that United States acts commercially for all purposes, i.e., it acts as a proprietor for all purposes, when it comes to tax collection activity. Therefore, this is the greatest confession of them all that income derives not from a political nexus but rather solely from a commercial nexus. Thus, we are compelled to ask ourselves this question: What is the nature of the commercial nexus at issue? There are two alternatives: contracts and trusts. Since people go to jail in income tax cases, and since one cannot go to jail for mere breach of contract, and since one may end up in jail for mere breach of trust, the answer to What is income? screams from the page. What is income? Anything of net gain to a trust with an unknown trust res set up for some as of yet unknown beneficiary or beneficiaries. To check the answer, we ask these questions. May a fiduciary be compelled into such office? No. He may enter in upon the office of fiduciary one and only one way: voluntarily. Who has a duty to report trust activity? The fiduciary. EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 6

7 11630 SageCanyon Who has a duty to make a distribution from the trust if that s what the terms of the trust say to do? The fiduciary. Who is at risk of cooling his heels in jail for a mere breach of fiduciary duty? The fiduciary. Hence, taxpayer means fiduciary. Quod erat demonstrandum. In this context, let s read, one more time, the first paragraph in the Pollock v. Farmers' Loan & Trust Co., 157 U.S. 429 (1895) (Pollock I) case. Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court. The jurisdiction of a court of equity to prevent any threatened breach of trust in the misapplication or diversion of the funds of a corporation by illegal payments out of its capital or profits has been frequently sustained. Dodge v. Woolsey, 18 How. 331; Hawes v. Oakland, 104 U.S As in Dodge v. Woolsey, this bill proceeds on the ground that the defendants would be guilty of such breach of trust or duty in voluntarily making return for the imposition of, and paying, an unconstitutional tax; and also on allegations of threatened multiplicity of suits and irreparable injury. Id. at (emphasis added) (1 st of opinion). In short, in the Pollock I case, United States never proved itself a beneficiary; hence, the so-called 16 th Amendment became the cover story for 31 U.S.C. 321(d), but we still don t have any agreements, and we still don t know who s who or what the purported trust res is or consists of. Therefore, I have demanded strict proof, especially in light of The Patriot Act, because if there were a trust, a trust set up for illegal purposes is void ab initio. Why would the editors of the irs.gov site remain thunderously silent about the taxpayer means fiduciary position? Because the mere mention of the concept on which that entire system and structure depends plants seeds of thought they don t want to plant or water. Then, there s also the perspective on What is income? compelled by the collections activity. What type of lien operates without having to be filed? What type of lien may be enforced by the mere filing of a NOTICE OF lien? It s called a secret lien. It s also called a maritime lien. See Bank One Louisiana N.A. v. EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 7

8 11630 SageCanyon M/V Mr. Dean, 293 F.3d 830 (5 th Cir. 2002) (Mr. Dean). As we see from the following, there is no lien form, per se, for so-called estate taxes. See < In many cases, the general IRC 6324(a) lien is the best tool to protect the government s interest. It is automatically created when any resident of the United States dies. [Far more accurately: It automatically attaches when, after someone dies, someone else applies for and receives a Taxpayer s ID number for that estate.] No recorded notice is required for it to become effective. It attaches to all of the assets that are part of the decedent s gross estate and are required to be reported on Form 706, U.S. Estate Tax Return, and is security for any estate taxes that may be determined to be due. If a probate asset (assets in the name of the decedent at time of death) is transferred or liquidated without payment of the tax, but for the exceptions detailed at IRM (2), the lien continues to attach to the asset. Id. at (2). See also Mr. Dean. In , id, which is a chart, we find that the irc 6324 lien, which is automatically created, has no form associated with it. In other words, for this estate tax lien, the IRS has no form, because they need no form, because the lien attaches automatically. How can that be? Because it s a maritime lien. The Notice of Lien forms exist, because most find it difficult to file proper Notice without some kind of paperwork. See also Vance v. Vance, 108 U.S. 514 (1883) (perhaps the first case confirming that a secret lien is not enforceable without Notice). But, the lien, itself, is not memorialized by any form, whatsoever. Why? Because it attaches automatically, which is simply how all maritime liens work, and have worked from time immemorial. Mr. Dean. That s the estate tax side. Regarding the income tax side, we turn to the irm s income tax page. In addition to the general tax lien there are two special liens for estate and gift taxes which arise at the date of death or the date of the gift, respectively. These liens are provided for by IRC (Special estate tax liens applicable to cases involving a closely held business or farm property are provided for by IRC 6324A and 6324B, respectively. Questions concerning these liens should be referred to counsel). Id at (3) (The General Tax Lien). EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 8

9 11630 SageCanyon The federal tax lien arises [better, here, is perfects] when any person liable to pay any federal tax fails to pay the tax after a demand by the Government for payment. IRC For federal tax law purposes, a person is defined to include individuals, trusts, estates, partnerships, associations, companies or corporations. The lien is effective from the date the Government assesses the tax, even though the notice and demand for payment ordinarily gives the taxpayer an additional 10 days after assessment to pay the tax. Thus, if the taxpayer neglects or refuses to pay the assessed tax, then the lien is deemed to relate back to the assessment date. I.R.C The general tax lien created by the assessment is perfected and choate as of the date of the assessment. United States v. Fidelity Philadelphia Trust Company, 459 F.2d 771 (3rd Cir. 1972). Id at (1) (When And How The Tax Lien Arises). Technically, this should be titled When And How The Tax Lien Perfects. Critical to understand is that a perfected lien is still but a secret lien. For the secret lien to be recognized, federal law requires the giving of Notice. Vance. Abracadabra! The Notice of Lien. Note that the claim, itself, is memorialized by the demand. Note that the lien, itself, is both perfected and choate as of the assessment date. And, note that despite both (A) the existence of breach (in the above scenario, the nonpayment of the demand) and (B) the automatic perfection of the lien, there is still (C) the requirement to give Notice of that perfected lien. Here s how the irm describes these ancient maritime principles as they apply in the income tax context. The federal tax lien arises (and is perfected) when the Service meets the requirements of IRC 6321, i.e., an assessment and a notice and demand for payment. However, the law provides that in order for the federal tax lien to have priority against certain competing lien interests, the Service must file a Notice of the Federal Tax Lien (NFTL) pursuant to IRC The Service s filing of a NFTL generally requires a supervisor s approval. This involves reviewing the taxpayer s information, verifying the outstanding liability, and determining that the filing of the notice of lien is appropriate under the circumstances. This determination includes consideration of the value of the assets as it relates to the tax debt due. Id at (Filing Notice of the Federal Tax Lien). EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 9

10 11630 SageCanyon The filing of a NFTL is not a step required to give rise to or to perfect the lien. The act of filing protects the Government s right of priority as against certain third parties, typically a purchaser, holder of a security interest, mechanic s lienor, or judgment lien creditor. IRC 6323(a). Generally speaking, unless the Service properly files a notice of its federal tax lien, its assessment lien is not valid against such creditors. The full extent of the priorities between the Service and other lien claimants is discussed in later sections. Id at (1) (Purpose and Effect of Filing Notice) (emphasis added). The filing of the NOTICE OF lien is not required to give rise to or to perfect the ( secret, maritime) lien, because maritime liens attach automatically, i.e., by operation of law, the instant the duty arises, and they perfect automatically, i.e., by operation of law, upon breach. Mr. Dean. Reflecting on this information from the collections end of the process, we see that we re dealing with no lien, per se, but only a NOTICE OF lien. This instantly tells us it s a maritime lien, i.e., a secret lien, a lien that both attaches and perfects by operation of law. But it also tells us something more. Maritime liens arise only from a breach of duty, and there are basically only two areas in which a maritime lien arises: torts and agreements. Since such lien is a maritime lien, and since there s nothing even remotely mentioned or even suggested that comm r s claim arises from personal injury or physical damage to property, we instantly rule out tort duties. That means, then, that the secret lien must arise from some type of alleged agreement or other. Again, since there are two generic types of agreements, namely contracts and trusts, since mere breach of contract is not enforceable with loss of liberty, and since the alleged breach of duty in the income tax area has been enforced with loss of liberty, that leaves alleged breach of a fiduciary obligation as the sole justification for the filing of any NOTICE OF lien. Income means and refers to a net increase in the value of a trust. Hence, taxpayer means fiduciary. Quod erat demonstrandum, again. This reality is a wicked paradigm shift to those who have succumbed to the marketing. UNITED STATES was never made to prove up its claim. There is no enforceable order in this case. The house is stolen, and to buy it is to receive stolen property and to help launder the proceeds of criminal activity. EXPOSING THE SCAM: TAXPAYER MEANS FIDUCIARY 10