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Author Topic: Approved SDA Media Outlet Publishes an Article about the IRS Investigation  (Read 176348 times)

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anyman

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #210 on: September 10, 2008, 08:29:35 AM »

Simply put, because their demands are overly broad constituting a fishing expedition, unduly burdensome as the information is available in other instances, and because it is not within the scope of the instant case. They realize that their initial accusations have been put to rest by a more than adequate review of the IRS and now they are attempting to gather anything and everything they can in hopes that they can find something with which to weave a new set of false allegations.

The motive here is obviously - to extend this case as long as possible hoping that eventually they will find a "smoking gun" (why else would they be seeking an extension for discovery) . . . without it they know they will lose. They continue to seek third party subpoenas in a desperate attempt to find anything at all that they can make stick. The recent PACER documents also indicate that they may very well be attempting illegal maneuvers in an effort to assist Linda in the divorce settlement case as well as attempting to subpoena the IRS which may not even be legally permissible.

It is also apparent that GAJ/RP are intent on gaining identifying donor information. Why? One could speculate that there is no ill intent - however, with a track record of harassment of those on the periphery of the issues here, it seems more likely that the information would be used to harass donors, either to create more ill-will surrounding 3ABN or to influence donation levels negatively.

Due to the conclusion of the IRS investigation their requests for financial information is moot. There is no need for them to pursue these issues any longer as they can not defend themselves against the claim of defamation per se in this area. The conclusions of the IRS are definitive and it is my guess the courts will see this if they haven't already, and rule the issue decided. So, continuing to seek the breadth of documentation they do is obviously nothing more than a desperate fishing trip.

- These conclusions are drawn from a review of PACER documentation and are my own opinions.

I agree in this area of thought that, if there is nothing to hide, then why are they so opposed to giving over that which has been requested in relation to the lawsuit both DS and 3ABN have launched against Joy & Pickle? ???
« Last Edit: September 10, 2008, 08:36:24 AM by anyman »
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Wendall

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #211 on: September 10, 2008, 09:56:28 AM »

It can be unduly burdensome for a party to a lawsuit to have to beg for relevant evidence in discovery motions. If a party knows the information will not reveal anything to injure their case then simpy put PRODUCE the information. Make life easy upon yourself and keep those attorney's fees at a minimum.  PRODUCE THE INFORMATION SOOOOOOOO :hot: THE CASE CAN BE SHORTENED AND NOT LENGTHENED.  Your logic appears to be 180 degrees off saying the discovery request are meant to lengthen the case. What you can do is ask the judge for the OTHER PARTY TO PAY you for your time and materials to produce the requested information. Sometimes that puts a damper on the discovery requests. However the OTHER PARTY can obtain access to that information by court order and make their own copies.  ;D ;D

Both parties have a right to discover all relevant information about the case excuding privileges. Just produce this information and any other relevant information so the case can proceed to trial or settlement. I would do that if I thought my case was strong and if not so strong than DELAY, DELAY..........................................

Oh by the way the defendants are being accussed of defamation with one of the issues I believe MUST BE OF a financial origin.  The financial information in this case can never be moot because if it is then the defamation case is out the window.  To prove defamation you must prove pecuniary loss which is DOLLARS. ;D ;D






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Bob Pickle

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #212 on: September 11, 2008, 06:23:39 AM »

anyman's analysis is flawed. Kingsbury's recent filing cites no evidence, submits no exhibits, provides no affidavit to back up the contention that we are subpoenaing info to help Linda.

Want to tie up discovery? Put one lawsuit at issue in another lawsuit, and then claim that discovery in one is an attempt to help out the other.

Somehow I don't think so.
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Gailon Arthur Joy

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #213 on: September 11, 2008, 12:27:42 PM »

If anyman is getting his legal diction from Cindi...she will find herself at odds with a federal judge in Michigan, Illinois and Massachusetts. Subpoenas would clearly be relevant as it relates to the IRS investigation and if their
assertions are factually correct, then why not produce it to prove they have been exonerated? IT IS PRODUCTION TIME!!!

Because it was a ruse!!!

Oh, yeah, Danny is facing the same production dillemma in Illinois and Michigan, not to mention Minnesotta!!! And they work overtime to keep all the courts from being able to see the evidence produced in the others. But, the crush is on. IT IS PRODUCTION TIME!!!

And that motion on Scope and relevance...well it crashed and burned!!! IT IS PRODUCTION TIME!!!

We are closing in on the finish line, people. Only appeals will temporarilly avert the inevitable...IT IS PRODUCTION TIME!!!
 
When you sue someone, you just must be prepared to dig out and produce all the skeletons in your closets...
IT IS PRODUCTION TIME!!!

Gailon Arthur Joy
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Wendall

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #214 on: September 12, 2008, 08:31:38 PM »

Progress it seems ;D  Surely their will be appeals  :wave: :beagle: Maybe someone can suggest using good faith in the production of documents :dogwag:

Maybe now we get to see the evidence and let the accusations cease because the true facts might be soon revealed.  :rabbit:
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Fran

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #215 on: September 14, 2008, 10:56:20 PM »

I am so confused!  The IRS promised to notify me as soon as possible once the investigation was over.  I haven't heard a thing!  Does this mean it is still ongoing? 
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anyman

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #216 on: September 15, 2008, 10:12:50 AM »

Color me so confused as well . . . why in the world would the IRS promise >you< they would notify you as soon as possible once the investigation was over? Unless . . .


I am so confused!  The IRS promised to notify me as soon as possible once the investigation was over.  I haven't heard a thing!  Does this mean it is still ongoing? 
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Fran

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #217 on: September 15, 2008, 10:27:37 AM »

Color me so confused as well . . . why in the world would the IRS promise >you< they would notify you as soon as possible once the investigation was over? Unless . . .


Unless what?  Can you tell me?
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anyman

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #218 on: September 15, 2008, 12:17:39 PM »

Just a passing thought, left unstated, as to why you might be "promised" an update on the situation.

Maybe it's better if you fully answer the question. "Why in the world would the IRS promise >you< they would notify you as soon as possible once the investigation was over?" And, let's be clear here, you used the word "promise."


Color me so confused as well . . . why in the world would the IRS promise >you< they would notify you as soon as possible once the investigation was over? Unless . . .


Unless what?  Can you tell me?
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Daryl Fawcett

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #219 on: September 15, 2008, 04:18:09 PM »

Fran,

That's a fair question being asked to you.

Why would the IRS make such a promise to you?

irspro

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #220 on: September 15, 2008, 06:45:10 PM »

Fran,

That's a fair question being asked to you.

Why would the IRS make such a promise to you?

http://search.irs.gov/web/query.html?col=allirs&charset=utf-8&qp=&qs=-Wct%3A%22Internal+Revenue+Manual%22&qc=&qm=0&rf=0&oq=&qt=whistleblower&search.x=26&search.y=8

"Search Results
       
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To search the Internal Revenue Manual, please use the Advanced Search.
   
 
You Searched for: whistleblower Summaries: Show | Hide 

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--------------------------------------------------------------------------------

Recommendation(s) for: whistleblower
Whistleblower - Informant Award
The IRS may pay awards to people who provide specific and credible information to the IRS if the information results in the collection of taxes, penalties, interest or other amounts from a noncompliant taxpayer.   


--------------------------------------------------------------------------------

Whistleblower - Informant Award 
... Whistleblower - Informant Award ... Whistleblower - Informant Award ... uses information provided by the whistleblower, it can award the whistleblower up to 30 percent of ...
http://www.irs.gov/compliance/article/0,,id=180171,00.html - 15.0KB  77% 
20 May 08
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How Do You Report Suspected Tax Fraud Activity? 
How Do You Report Suspected Tax Fraud Activity? How Do You Report Suspected Tax Fraud Activity? If you suspect or know of an individual or company that is not complying with the tax laws, you may report this ...
http://www.irs.gov/individuals/article/0,,id=106778,00.html - 12.0KB  68% 
26 Dec 07
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What Happens to a Claim for an Informant Award (Whistleblower) 
... Claim for an Informant Award (Whistleblower) ... Claim for an Informant Award (Whistleblower) ... Process for Evaluating Whistleblower’s Claim ...
http://www.irs.gov/compliance/article/0,,id=181290,00.html - 14.6KB  49% 
21 Apr 08
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irspro

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #221 on: September 15, 2008, 07:05:59 PM »

I am so confused!  The IRS promised to notify me as soon as possible once the investigation was over.  I haven't heard a thing!  Does this mean it is still ongoing? 

http://www.taxatlanta.com/IRS-Informant-Reward-Program.htm

"IRS Informant Reward Program
(a.k.a. Snitch)

In the former Soviet Union, people had to be very careful about discussing their business and personal affairs because almost everyone was a spy for the secret police agency known as the KGB. It appears that the Internal Revenue Service has studied the "Soviet Model" and has set up a new division known as The Informant Reward Program.

When Congress passed the Tax and Healthcare Act on October 6, 2006, it radically changed IRC § 7623 that authorizes the IRS to contract with private individuals to act as part-time IRS Agents who will investigate business entities and individuals involved in civil and criminal tax violations. This new program will become the "Central Intelligence Agency" for processing and managing all information received from informants nationwide. It will also establish revenue production goals, communication procedures, data bases, and operating guidelines for handling the new informants that will be contracting with the IRS. This new office will be located in Fresno, California, and it will be similar to the Special Situation Room used by the FBI for monitoring federal crimes in the U.S.

Many people who have personal knowledge of federal tax violations will suddenly want to give up their day jobs and become subcontractors for the Internal Revenue Service. Unfortunately, most of these people will be disgruntled corporate employees, former business partners, ex-spouses and professionals who have inside information including, but not limited to, lawyers, accountants, bankers, and stockbrokers. This new program is guaranteed to not only enrich the IRS coffers (its primary purpose) but it will also enrich the bottom line for the new breed of IRS Informant.

Commissions for IRS Informants

Rewarding snitches that inform on taxpayers has been around since 1939, but the early Code only authorized IRS to pay rewards to informants for criminal tax violations. The statute was changed in 1996 to authorize payment of rewards relating to civil tax violations. In 1997, IRS raised the reward ceiling from $100,000. to 2 million. In 2004, the IRS raised the reward ceiling to 10 million. The 2006 Act changed Code § 7623 by allowing the reward payments to be based on a percentage of the amount of tax, interest, and penalties actually collected. The new percentage range is 15% to 30% and the actual percentage for each reward depends upon the amount of credible information provided by the informant.

Example: Let's say a high-level accounting employee works for a large corporation that decides to engage in a scheme that will allow it to avoid paying $100 million in federal income tax. Should this employee decide to become an IRS informant, the amount of the tax liability could easily double to $200 million due to interest and penalties. If this employee receives only the minimum reward of 15%, he will be entitled to a check in the amount of $30 million. Similar numbers will surely appear on future IRS Recruiting Posters at a web site near you.

IRS Agents vs. IRS Paid Informants

When an IRS Agent is auditing a taxpayer and fraud is discovered, he must immediately withdraw from the case and turn the case over to the Criminal Investigation Division (CID). A few days later, two Special Agents from CID will notify the taxpayer that he is the target of criminal investigation and they will read him his Fifth Amendment Rights. From this point forward, the taxpayer does not have to answer any questions and his individual records are protected from further scrutiny.

But what happens when the informant has established a relationship with his IRS Handlers, and he continues to work at his place of employment where he will be able to monitor the actions of the taxpayer, copy records, remove and return records, make voice and video recordings and initiate probes for further information? Remember, an informant working on commission is going to be aggressive in collecting the evidence his IRS Handlers need for a successful prosecution — especially so when the informant's paycheck will be in the millions.

Informants have always been a good source of information for IRS investigations, but once the snitches become aware of the "new and improved" Informant Reward Program that allows them to collect up to 30% of the tax, penalties and interest collected by the government there will be a flood of new applicants knocking at the IRS door. The risk/reward ratio will be too great for most people who have inside information and this is the reason why IRS has dedicated an entire service center to handle the Informant Reward Program.

Under the old program, there was no central office to manage informant data and there were few regulations on how informants were hired or paid. Many informants provided information that led to successful investigations but they never got paid. Under the new program, the informant's right to a paycheck has been dramatically improved and for the first time in IRS history, the informant will have the right to demand judicial review of the amount recovered by IRS and the method that was used by IRS Managers to determine the amount of his reward.

Warning

It appears IRS has created a monster that will recruit many part-time paid informants and we will see the erosion of our rights against unreasonable search and seizure and self-incrimination under the Fourth and Fifth Amendments to the U.S. Constitution. Early this year, the Director of the Fresno Center reported that he has already received boxes and boxes of records from individuals who have applied for rewards under the new program.

The huge economic incentives offered by the IRS to recruit informants will surely result in a backlog of litigation: There will be problems associated with the Fourth and Fifth Amendment violations previously discussed, and there will be problems associated with the criminals that will be hired and paid as IRS Informants. All you have to do is look at the number of DEA and FBI paid informants who have robbed, framed, and murdered their competitors and enemies while working for the government. A more subtle example is as follows: Let's say there are two criminals that owe IRS a lot of tax on their unreported income and one of the criminals decides to become an IRS Informant; moreover, the informant agrees to testify against his partner in exchange for immunity from prosecution. In this situation, one criminal goes to the federal penitentiary for 10 years and the other criminal is on his yacht enjoying his $10 million reward courtesy of the IRS. Who says crime doesn't pay?"
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Fran

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #222 on: September 15, 2008, 07:23:26 PM »

Just a passing thought, left unstated, as to why you might be "promised" an update on the situation.

Maybe it's better if you fully answer the question. "Why in the world would the IRS promise >you< they would notify you as soon as possible once the investigation was over?" And, let's be clear here, you used the word "promise."

Anyman;

If someone tells me they will do something, I consider it a promise, don't you?

If you will answer a question for me, I will answer your question. 

Where did the coins in Danny's safe go? 

Or, how can someone on income of $60,000 save close to $200,000?


Answer one of those, and I will answer yours.  I believe that to be fair.  Answer truthfully, OK?  I will answer your question truthfully also.
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Sam

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #223 on: September 15, 2008, 09:04:08 PM »

I am so confused!  The IRS promised to notify me as soon as possible once the investigation was over.  I haven't heard a thing!  Does this mean it is still ongoing? 

While I will wait for Fran to speak for herself, I need to wonder at this portion of your post:

Recommendation(s) for: whistleblower
Whistleblower - Informant Award
The IRS may pay awards to people who provide specific and credible information to the IRS if the information results in the collection of taxes, penalties, interest or other amounts from a noncompliant taxpayer.   

One could reasonably speculate than, that since the IRS did not contact Fran her information did not lead to the collection of "taxes, penalties, interest or other amounts from a noncompliant taxpayer. This seems to, at least circumstantially, corroborate the claims that the investigation is over and neither Danny, nor 3ABN were found "guilty" of any infractions. The above seems to indicate that there will be no contact if there is no recovery.

So, we still need Fran to explain why the IRS would "promise" to contact her at the end of their investigation.
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Bob Pickle

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Re: Approved SDA Media Outlet Publishes an Article about the IRS Investigation
« Reply #224 on: September 16, 2008, 05:05:04 AM »

Or we could speculate that the IRS investigation isn't over yet, which is a definite possibility given the utter failure of the Danny defenders to produce any evidence to the contrary, and given the fact that their claim of not one infraction or discrepancy if at best wrong and at worse a bald faced lie.
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