June 27, 2000
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The Tax Freedom 101 Report
*Updates* - *News* - *Information*
- June 27, 2000 -
The Constitutional Revival Movement's News Source
This weekly html e-newsletter contains:

UPDATES:
* Members and Independent Representatives of the Save-A-Patriot Fellowship - New Conference Call Available
* Real Time Broadcasts of Constitutional Education Meetings Available Soon on the World Wide Web

NEWS:
* "The Patriot" - starring Mel Gibson opening tomorrow - "some things are worth fighting for"

INFORMATION:
* The Routine Tyranny of Government - Denial of Due Process

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UPDATES:
* Members and Independent Representatives of the Save-A-Patriot Fellowship - New Conference Call Available
A conference call has been set up for the benefit of Independent Representatives of the Save-A-Patriot Fellowship. The Director of IR Services, Ed Akehurst hosts this call every Tuesday evening from 10 to 11pm est. at 918-222-7102. The pass code to enter this call is 1040. ;~)

To learn more about this conference call and how to become an IR for SAPF you can call the National Reps office at 801-715-3890 or you can visit www.sapf-ir.org

* Real Time Broadcasts of Constitutional Education Meetings Available Soon on the World Wide Web
The Save-A-Patriot Fellowship in conjunction with Video-On-Command, a division of the Internet company CommandCast, will soon be placing its Constitutionally oriented and publicly attended Saturday night lectures held in the Westminster Maryland area on the Internet. Making use of the rapidly increasing bandwidth available to many ISP subscribers, the fellowship has determined that the time is right to start broadcasting these informative and educational lectures to the public. This is not the traditional streaming video that many are familiar with when using low Internet bandwidth connections. This is a high quality, high definition, video and sound broadcast requiring a broadband 128k connection or better, found with services such as DSL, ISDN or Cable connections.

The Saturday evening lecture can cover a wide array of topics and Constitutional issues. The most well attended class and lecture in the series is titled Just The Facts, a synopsis and ordering information can be found here. John B. Kotmair has been hosting this live series for the public for nearly 10 years and is what prompted the production of the video series Just The Facts. A widely acclaimed video series that has reached thousands of families, and business professionals across America. Now many will be able to enjoy the series and education provided by the fellowship right from the comfort of their home or office.

NEWS:
* The Patriot starring Mel Gibson opening tomorrow - "some things are worth fighting for"
Opening June 28th The Patriot has all the elements of a box office hit. Mel Gibson known by many for his production, direction and starring role of "freedom fighter" in the movie Braveheart makes up a composite character of various Patriots in the film. Coupled with a timed release date just before the 4th of July when America will celebrate its Independence, and all the blood and gore most would expect from a war epic this should make the film a leader through the early summer months.

The Patriot brings it home to Charles Town (Charleston) South Carolina. It is based on fictional characters with elements of history woven in throughout the story.

"The emotionally charged adventure "The Patriot" tells the story of Benjamin Martin (Mel Gibson), a reluctant hero who is swept into the American Revolution when the war reaches his farm and the British endanger what he holds most dear. He takes up arms alongside his idealistic patriot son, Gabriel, and leads a rebel American Militia into battle against a relentless and overwhelming Redcoat army. In the process, he discovers that the only way to protect his family is to fight for a young nation's liberty..." - from the web site.

To learn more about the film visit:
http://www.spe.sony.com/movies/thepatriot/

Here you can learn more about the cast, location, characters, partake in an on-line discussion forum about freedom in the Discuss Freedom section about rights and liberty, and have a behind the scenes look at the making of the film with multimedia presentations. There are also an amazing amount of links on and about the Revolution.

INFORMATION:
* The Routine Tyranny of Government - Denial of Due Process
The following article was mailed to all members of the Save-A-Patriot Fellowship via the members assistance program back in October of 1999. Non-members do not have access to much of the information and cutting edge education provided by the fellowship. In the coming months we plan to reproduce other articles from the case work department and paralegals of the Save-A-Patriot Fellowship and make them available through the Tax Freedom 101 Report.

THE LIBERTY TREE
Vol. 2 Number 10 - October 1999

The Routine Tyranny of Government

Denial of Due Process
SAPF Casework and Paralegal Department
Over the years, we have found that our members are routinely denied their rights to due process by the Internal Revenue Service and their nasty little "cousins," the state taxation departments. This denial of due process occurs predictably, on a very consistent basis.

The IRS is particularly notorious for denying citizens a hearing after sending its victims a "Determination of Deficiency and Proposed Assessment" and a "Notice of Deficiency" (commonly known respectively as "30 day" and "90 day" letters). The 30 day letter alleges a deficiency and proposes adjustments to the person's tax liability.

SAPF responds with a written protest to the 30 day letter and requests to appeal the examination to the appeals office, and requests a conference. The IRS will rarely grant a conference, and then only after stonewalling numerous requests.

Black's Law Dictionary (6th edition) defines "due process" as follows:

"An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case."

It doesn't take a lot of study to come to the realization that the IRS rarely, if ever, meets this standard.

On the other hand, the state taxation departments will usually grant a hearing when it is requested - but they will not supply any authenticated documentation to substantiate their various sundry allegations.


The California Franchise Tax Board ("FTB") has not granted many hearings in spite of numerous requests that have been made on behalf of our members. Recently, the National Workers' Rights Committee (NWRC) division of SAPF responded to a "Notice of State Income Tax Due" for one of our members and in that letter requested a hearing. The member subsequently filed an action for
Denial of Due Process when the FTB failed to grant the hearing.

After hearing arguments from both sides, the judge has ORDERED the State of California to return all monies, with interest, plus court filing costs!


This victory will be complete when the member actually receives all of his FRNs
* from the FTB. The State of California has until the end of October to return the monies.

A second denial of due process is possible when a member receives a copy of a "Withholding Order" (notice of levy) from the FTB that was sent to his employer.


The FTB conveniently omits the wage garnishment forms found in Rule 982.5 in Volume 23 , Part 2 of the California General Rules. The employee is not given a copy of Claim of Exemption forms that allow for exemption of all of his (or her) earnings because of the need to support himself or his family.


Pursuant to the California Code of Civil Procedure, ยง 706.075(c):


The state shall provide for an administrative hearing to reconsider or modify the amount to be withheld... If the taxpayer requests a hearing, the hearing shall be provided... within 15 days after the request is received by the state.

If the state does not provide a hearing, then the injured party has a cause of action and can file a complaint in Superior Court for Denial of Due Process. Although this example pertains specifically to the state of California, similar provisions may exist in other states which may be useful in dealing with tax departments.

* FRNs - Federal Reserve Notes - commonly mistaken as lawful money (i.e. dollars)

Wishing you a tax-free day,
The
TAX FREEDOM 101 Staff

TAX FREEDOM 101
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"Of all contrivances for cheating the laboring classes of mankind, none has been more effective than that which deludes them with paper money."
-- Daniel Webster
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