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Monday, March 7, 2005

My sister passed away in December of 2004.  She had sole custody of her daughter with the father having visitation only, which, I might add, he did not excercise.  In the state of North Carolina, does he automatically get sole custody without any court orders because he is her biological father?  My dad and step mother have filed for permanent custoday and my niece is living with them - as she has been since she was born 9 1/2 years ago.  We were told that since the paperwork is filed the child would be able to stay with them until a court hearing.  She wants to live with my dad and step mother - the step mother is the maternal grandmother, my father is the "step-grandfather".  They have basically raised her as it is anyway. 
Since the child's grandfather has gone to court to seek custody of the child, I assume he has hired an attorney to handle the case.  The attorney in that case is more familiar with the facts and he would be in the best position to answer questions about the case.  If the grandfather is attempting to handle the case without an attorney, that is a mistake.
5:30 am pst

Tuesday, March 1, 2005

My husband has heard from someone about IMF decoder, a company that helps you to no longer pay federal taxes for a large sum.  He states that he is not a US citizen that he is an American and what law states that he has to pay taxes, all kind of stuff, which I have asked the IRS these things and they state that those people are protestors.  My husband claims he is not a protester and everything he is reading is true.  Could you please help me before he invests the money to do this and cost him down the road.  Where to find the information or you may have the information for him to read.
 
It is an illegal tax fraud.  The following positions have no legal basis and anyone who adopts them in a tax matter is committing tax fraud:
  • The filing of a tax return is voluntary.
  • Payment of tax is voluntary.
  • Wages, tips, and other compensation received for personal services are not income.
  • Only foreign-source income is taxable.
  •  Federal Reserve Notes are not income.
  • Taxpayer is not a "citizen" of the United States, thus not subject to the federal income tax laws.
  • The "United States" consists only of the District of Columbia, federal territories, and federal enclaves.
  • Taxpayer is not a "person" as defined by the Internal Revenue Code, and thus is not subject to the federal income tax laws.
  • The only "employees" subject to federal income tax are employees of the federal government.
  • Federal income taxes constitute a "taking" of property without due process of law, violating the Fifth Amendment.
  • Taxpayers do not have to file returns or provide financial information because of the protection against self-incrimination found in the Fifth Amendment.
  • Compelled compliance with the federal income tax laws is a form of servitude in violation of the Thirteenth Amendment.
  • The Sixteenth Amendment to the United States Constitution was not properly ratified, thus the federal income tax laws are unconstitutional.
  • The Sixteenth Amendment does not authorize a direct non-apportioned federal income tax on United States citizens.
  •  The Internal Revenue Service is not an agency of the United States.
  • Taxpayers are not required to file a federal income tax return, because the instructions and regulations associated with the Form 1040 do not display an OMB control number as required by the Paperwork Reduction Act.

These illegal tax dodges are 100% false.  Using a scheme like this opens a taxpayer up to penalties, fines, prosecution for tax fraud and possible imprisonment.  They are so common that the IRS publishes a list of them.

Taxes are the dues we pay for living in the United States.  Income taxes pay for the military, border patrol, the Federal B.I., the interstate highway system and school lunches.  Unpleasant? Yes. Illegal? No.

Don't pay any attention to the fact that these groups occasionally get interviewed on radio or TV.  It is still 100% bogus.  Save your money.

6:16 am pst

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The owner/operator of this website is Bryan Gates, an attorney in Winston-Salem, N.C.  E-mailing a question to a website (even a cleverly designed website) is no substitute for live, in-person contact with an attorney if you have a legal problem.  In order to avoid legal troubles of my own, I cannot answer questions about the laws of states other than North Carolina.  For more information about The Law Guy, check out:

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