-Caveat Lector- <A HREF="http://www.ctrl.org/"> </A> -Cui Bono?- In a message dated 3/16/00 4:24:33 AM Central Standard Time, [EMAIL PROTECTED] writes: << http://www.worldnetdaily.com/bluesky_dougherty/20000315_xnjdo_irs_to_evi.shtml WEDNESDAY MARCH 15 2000 THE POWER TO DESTROY IRS to evict elderly couple Foreclosure on 80-year-olds' home for non-payment of taxes By Jon E. Dougherty © 2000 WorldNetDaily.com The Internal Revenue Service has threatened to evict an infirm elderly couple from their home of many years for non-payment of back taxes that the couple says they don't owe. On Feb. 25, U.S. District Court Judge James B. Zagel ruled in favor of the government, despite his legal authority to rule out the IRS' conviction request because of the couple's special medical conditions. Mr. and Mrs. Paul Stout of Chicago, 81 and 82 years old respectively, were not represented by legal counsel because they couldn't afford it, they told WorldNetDaily. The Stout's "foreclosure suit" stemmed from an IRS lien "covering taxes from 1973 through 1980," Mr. Stout told WND, and was "affirmed by the tax court and supposedly assessed in 1982." The taxes allegedly owed, Stout said, including penalties and interest, amount to around $500,000. "This is much more than my entire cash flow for the years in question. The value of our home is also much less than this," he said. However, what most frustrates the couple, Mr. Stout said, was the hypocrisy and confusion built into the IRS codes. On the one hand, IRS code forbids the agency from assigning a levy to "a principal residence." But on the other hand, said Stout, "the IRS district director and others are given the power to levy, under IRS Code 6334(e)(1) anyway." Also, Judge Zagel "admitted that my wife was an 'innocent spouse' under IRS codes, and that he had the power to stop the eviction to protect her, but he did not," Stout said. Finally, according to the Illinois resident, the IRS repeatedly refused to produce a required "assessment" of lien during his motions for discovery during his court case. "The Court refused to compel them to produce," Stout said, adding that Zagel also "refused to consider my motions to produce a lawful assessment and to dismiss for lack of jurisdiction. "The Court simply wouldn't let me file," Stout told WorldNetDaily. Worse, he added, "in the absence of a lawful assessment, the Court does not have subject matter jurisdiction or a claim upon which relief can be granted, or to make any rulings." Stout said he believes both the court and the IRS have taken a hard-line approach with him because he said he has been "labeled an illegal tax protestor, a designation made unlawful by Congress" a few years ago. "I understand that the government will move the court for an order evicting us on a 'day certain,' but I don't know the timing," he said. Stout said the IRS had made him a compromise offer of about ten percent of what he allegedly owes. "The IRS might accept an offer in compromise of about $50,000, which I don't have," he said. "An attorney offered to do it for fees of about $20-25,000, which I don't have either." The whole case, said the Illinois man, amounted to a series of "catch-22s." IRS officials did not return phone calls seeking comment on the case. The ordeal has the Stouts particularly worried because neither of them are in good health. Citing a list of health problems Mrs. Stout has, ranging from aortic aneurysms to celiac sprue -- "a condition where the body cannot tolerate any gluten from wheat, oats, barley or other sources," Mr. Stout said -- the couple had hoped the IRS Taxpayer Advocate would end the case because of their medical hardships. "According to IRS code," Stout said, "the advocate or ombudsman could stop this eviction in cases of hardship [IRC 7811(a),(b)], but the district director and many others can overrule his order anyway [IRC 7811(e)]." >> <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are not allowed. Substance—not soap-boxing! These are sordid matters and 'conspiracy theory'—with its many half-truths, misdirections and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. 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