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Title: My Disputes with the County Property Tax Assessor-Collector and with the IRS
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URL Source: http://n/a
Published: Jul 13, 2005
Author: Freedom William
Post Date: 2005-07-13 13:11:48 by Freedom William
Keywords: Assessor-Collector, Disputes, Property
Views: 294
Comments: 19
Many of the internet forums that discuss political issues have posters who are prone to criticizing much of the U.S. government’s activities. Similarly, my wife and I are often critical, as we have observed the ongoing and incessant erosion of the peoples’ rights to their liberty and property. A good example of the government tyranny is the recent Supreme Court OPINION which basically said that peoples’ private property can be taken for private use. On the various internet forums, I have seen the question asked, “Other than criticizing the government, what are you doing to affect change?”
I have often been asked this question or a similar question by my friends and family members who have heard my criticisms of the creeping tyranny known as government. My answer to this is that my wife and I are resisting the tyranny in a number of ways. Among them are our challenges to the IRS and to the office of the County Tax Assessor-Collector here in Austin, Texas where we live.
Let me begin by summarizing our dispute with regard to the property tax issue. For my entire working life, I have dutifully paid the alleged property tax “obligation” without inquiry. Heretofore, I had never exercised due diligence by independently researching the issues involving the government’s authority to tax private property. That is, until Year 2003, when I began to ask questions in written letters, sent via U.S. certified mail. The questions that I asked were appropriate and legitimate – all based upon the Texas Open Records Act, which requires a response from the government.
I asked the Tax Collector to cite the law that compelled my compliance with the county’s tax bill. I questioned the government’s apparent non-compliance with its own “laws.” For example, Travis County does not adhere to the law regarding Chapter 25 of the Texas Tax Code. In general, for a property to be taxed, there must be a rendering, followed by an assessment, followed by a tax bill. None of these 3 procedural requirements was met in my case. There was only an Appraisal and a Tax Statement sent to me, neither of which met the code requirements in form or substance of a Rendering, Assessment, and Tax Bill. I submitted written questions about this. I also asked how the various Taxing Units (i.e., school districts, fire department, etc.) acquired the authority to lay and collect taxes, since only the legislative branch has this authority and cannot delegate it to another. In addition, I discovered that the “lay and collect taxes” clause (power) was not even a part of the Texas Constitution. The language had been removed following the Civil War during the Reconstruction Acts. Moreover, the language of the Texas Constitution expressly prohibits the levying of ad-valorem (property) taxes.
Nonetheless, I never disputed the government's authority or the tax it imposed. I simply asked questions – with the expectation that my “servant” government would furnish the answers and provide the relevant citations that supported its alleged lawful authority to lay and collect this property tax. I conditionally accepted every correspondence that it sent to me – on the condition that it would show me the law. I indicated that I fully intended to pay all lawful taxes that applied to me or my property, and would do so as soon as the government responded to my specific and legitimate questions. In all of my correspondences, I asked fewer than 10 different questions combined. I asked them repeatedly.
The government never provided one specific answer or one responsive reply. In most cases the government never responded at all. The message from my “servant” government was, “Shut up and pay up!” The only exception to this was a single instance in which the County Appraiser admitted in writing that no one had rendered my property for taxation.
My property tax matter could have been settled in 5 minutes, if the government had just answered my questions. I would have done what I have always done and opened up my check book, written a check, and been done with it for another year. But my “servant” government failed to respond in any meaningful way. The government’s actions proved to me that it is not accountable to the people. It is our master and we dare not question its authority. The government’s non-responsiveness created a dispute that probably used hundreds of man-hours of government’s time and at least that much of my time.
What began as a few questions turned into an 18-month-long dispute and progressed until the County Attorney placed our home on the FORECLOSURE list, without the government ever having answered a question. In actuality, there was no way Christine and I were going to allow a foreclosure to occur, since we had paid cash for the house when we purchased it new in 1999. With no debt on the house, we would never jeopardize losing the property over a relatively small tax sum (2% of the home’s value) covering one year.
Prior to the impending foreclosure event, I met with the County Attorney and we temporarily resolved the Year 2003 dispute. As such, the home was promptly pulled from the foreclosure sale. However, this matter is going to come up again for Year 2004 and every single year into the future, unless and until the government exercises accountability and provides answers to the legitimate questions I have asked – questions that I have every Right to ask and that the government is required to answer as per the Texas Open Records Act.
Believe me, it is easier, less expensive, and much less stressful to just write the damn check and be done with it. However, there is a principle involved here and I encourage everyone to begin asking questions and demanding accountability from the bureaucrats in government.
In addition to the property tax matter, I have begun the same process with the IRS. For over 30 years, I dutifully filed a Form 1040 and without question paid the taxes, never asking what tax law applied to me. However, recently, I have asked legitimate questions and IRS has refused to answer. One of the questions I asked is the same one that Joe Bannister asked – "Show me the law that requires me to file a Form 1040 and sign it under penalties of perjury, and that requires me to pay an income tax.” The IRS could not show Bannister that law. Let’s see if they can find it for me. If they can (and they haven’t so far), there will be no dispute. If they can’t, we’ll duke it out year after year.
Through these travails I have learned much. I now believe, with the help of some friends who are outstanding legal researchers and strategists, along with perseverance on my part, that we are moving closer to making these government agencies either answer our questions or relent on their collection efforts. I understand the lawlessness and awesome power of government, so I have no delusions about a successful outcome. Nevertheless, I feel compelled to exercise my obligation of due diligence. I encourage all to conduct your affairs with government in a way that demands its accountability.
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#1. To: Freedom William (#0)
Thanks for sharing this. Well done.
Thanks for the explanation.. one question, what is the definition of "rendering"?
"...when a society that believes in nothing, fear becomes the only agenda..."
Black's Law Dictionary RENDER -- To give up; to yield; to return; to
surrender. Zipporah, a property rendering is the initial, formal step in
the process of having one's property taxed. Absent a rendering, the taxing
process cannot proceed. A RENDERING is the first step and must be completed
before the ASSESSMENT (second step) and TAX BILL (third step) can proceed.
In my case, if I did not RENDER my property (which I did not), then who did?
Or who else can? The County Appraiser admitted in writing that no one or no
entity rendered MY property. How can the taxation process proceed absent a
rendering? I don't know and, apparently, neither does the government.
Thanks.. the case would be different I suppose if you had a mortgage for the person doesnt 'own' the property but rather the mortgage company. So in your case, you and Chrissy have no mortgage and own the property then no one else could render the property but you and Chris.
"...when a society that believes in nothing, fear becomes the only agenda..."
in^*#!#$&credible.
Given the woeful ignorance of, not only the people at large, but government officials themselves, it does not surprise me that no one seems to know what it means to render. We must know the history of our law and not just its application or custom or current usage. This is a difficult area and it is something which requires continual study. This question concerning a rendering is given back to feudalism. And it is to our history we must go to find the answer. I have consulted my Black's Law, 5th Edition and also my Webster's 1828. First, we look further into Black's where we find this, Heriot. In English law, a customary tribute of goods and chattels,... Heriots are divided into heriot service and heriot custom. The former expression denotes such as are due upon a special reservation in a grant or lease of lands,... Distrain. To take as a pledge property of another, and to keep it until he performs his obligation or until the property is replevied (see Writ of Repleven) by the sheriff.... And now to Webster's 1828, 6. To surrender; to yield or give up the command or posession of;... 7. To afford; to give for use or benefit. Clearly, we see that to render there must have been a grant, or an assign, or a pledge involved with the property in question. Now, this leads us further to examine the history of the colonization and claims made by the sovereign European countries. This is a long and drawn out chapter and can be covered (and has been) elsewhere. Suffice it to say that the original Land Grants made by England, Spain, France and Holland in North America have a legal status. We will leave this subject here and concentrate on aspects bolded in the above definitions. I assume there is a registration with the county Recorder of Deeds on the property. Getting to the pledge property aspect of it. When there is an application for a registration of any sort made with a government entity, concerning any property whatsoever, it is, under the rules of commerce and the Law of Pledges, a pledging of property for the benefit of the government. What you have done by registering is given the government an interest in that property. And, by doing so, the government is now the holder since you have given it (the description of the property on paper) to them. Now they have a duty and obligation to protect that property and invest it. And that is where the use or benefit comes in. You have pledged your property and the state is using it for their benefit by (under the Law of Pledges) further pledging your property to the bankers and using it as collateral to get credit to operate. The state is, in effect, taking loans out on your property and you are simply paying the loans back to the bankers when you are paying those taxes. This is always true no matter what type of registration occurs; birth, automobile, house and land or what have you. The application acts as a UCC-1 Financing Statement and the interest you give to the state, though it cannot be filed, gives them the priority until there is another claim made (filed) which takes the priority. This interest can never be filed on by the state. That is simply the nature of it. So, this leaves any other entity or organization the option of filing as the holder in due course, such as a bank or other financial institution, who would be a lien holder. We all know that the banks are perpetrating a fraud when they make you a loan by you signing the promissory note. This is also a subject for another time. It is all spelled out in the Uniform Commercial Code and with some due diligence in that area the whole scheme of how they have based the fiat money system and our Faustian civilization can be completely unraveled. If anyone would like a little more information on this subject, simply send me a PM. We have a method we are using successfully to derail this scheme and it has worked for me.
"But what is Hope? Nothing but the paint on the face of Existence; the least touch of truth rubs it off, and then we see what a hollow-cheeked harlot we have got hold of." Lord Byron
Well said, Bill. Those of
us who know you and Christine realize this battle could easily have been
resolved by simply paying up. Money was never the issue; with you it’s about
principle. Your research and subsequent conclusions won’t allow you to act in
any other way. I wish you all the best in your struggle. If we all can find the
courage to be a bone in the throat of the system it can’t survive. You are
doing your part, and then some. God speed.
Thanks for your comments. My fellow researchers/friends have developed some new methodology, recently. I am going to use it in my interactions with IRS and the County Tax Collector. The methods are soundly grounded in Constitutional Law and I believe they will be effective, but I would rather not go into detail until I have tested them and determined whether or not they work or, alternatively, if they can be polished further.
Thank you, Tom. I'm very proud of Bill for the stance he's taken with regard to these tax matters. It's been a considerable sacrifice for him in terms of time, energy, and expense. Resisting or even questioning government tyranny is very taxing.
Thanks for putting yourself on the frontline for the rest of us.
No nation could preserve its freedom in the midst of continual warfare. – James Madison
Jethro, thank you so much for your generous remarks. I know that there is more than one way to battle the beast and many of us are doing so in our own way. I am certain that you and I are after the same result -- the unalienable right to life, liberty, and property.
And thank you for your supportive comment.
Hello, Freedom William.. I hope you are well sir. I think you have the moral high ground here.. but, I have to ask: 1) Do you think you've targeted the right people? The tax collector does the bidding of the Congressman. All they know is: "How high, sir?" 2) Are you concerned about the limitless resources of Government? You certainly have a right to answers, either under proprietary Texas statutes or in court. You have a right to have this explained, and proven. Of that there is no doubt. You're obviously a moral man and expect nothing less. Then, there's the other side of the coin. L Ron Hubbard was once quoted as basically stating that the intent of the lawsuit is to harass and financially ruin your opponent. IMO, that entire line of thought is beneath contempt.. It's a real statement about Mr Hubbard and the way his mind works.. But it's a valid concern when facing a well funded (that's an understatement) adversary like State or Federal Government. 3) Dangling a carrot. If your house is paid for, there's 100% equity there.. and 100% profit. If these men you're dealing with in government would think nothing of seizing assets in the WOD, keeping them and never charging the alleged perpetrators (unless, of course, they have the gall to ask for their own property back.) Are you concerned that your property is motivation enough for them to pursue you in a similar manner? Remember, we have seat belt laws and all kinds of nonsense for the sole purpose of revenue generation. Dangling a paid off, up scale home in front of them would have to be tempting. Regards & Best Wishes to you and Christine in your effort.
"Working Three Jobs is: Uniquely American, isn't it? I mean, that is fantastic... Get any sleep?" (Laughs) ~ George W Bush
Your comments, concerns, and questions are well-taken. Along with some good folks here in Austin -- folks who are more knowledgable than I, regarding these matters, we have developed a "game-plan" so to speak about how to proceed in my IRS and property tax matters. The plan is based on sound principles of law and procedure as well as years and years of collective research. I am now in the middle rounds of a 15-round slugfest. I plan on going the distance. We'll just have to see who's standing when the final bell rings. If I lose, I lose. So what? I'm not going to cave in out of fear. If one-by-one we all begin to draw our lines in the sand and stand on principle, we might make a difference. If we capitulate to government's intimidation tactics or submit to its tyranny, we have no chance of regaining lost liberties. I am resisting the tyranny on a number of fronts, only two of which I discussed on the current thread. Any successes I may have, I will be happy to report them. I will also report the failures or losses so that others will not make the same mistakes. Nonetheless, I am satisfied with the progress thus far.
We all need Trailblazers.. We've relied on them since the inception and we rely on them currently. The popular myth is they were just out there breaking brush and such things.. Then their day in the sun was over. Recently, however, they're out there testing the legal limits and trying to hammer the Government we created back into it's box. We still rely on them, and we always will. Modern day leviathan Government and legalized injustice is certainly as difficult a terrain to transverse and conquer as anything the past-tense Trailblazers were confronted with.
"Working Three Jobs is: Uniquely American, isn't it? I mean, that is fantastic... Get any sleep?" (Laughs) ~ George W Bush
Thanks for the reply. In my particular case, I'm not at all trying to be a trailblazer. I just think that it is my duty to question anyone who presumes to have authority over me. If we don't do that, as as starting point, how can we expect to be free.
I read this when you first posted it and wanted to thank you for doing so and having it to post in the first place, even if belatedly. Thanks...
Neil, thank you for the kind words and support.
There are many more cases where the United States Supreme Court has supported the fact that the Land Patent certifies absolute and supreme title to land. There are no cases where the courts ever ruled against the properly obtained Land Patent. 
#2. To: Freedom William (#0)
#3. To: Zipporah (#2)
#4. To: Freedom William (#3)
#5. To: Freedom William (#0)
#6. To: Freedom William, christine (#3)
RENDER -- To give up; to yield; to return; to surrender.
Render, n. In feudal law, used in connection with rents and heriots. Goods subject to rent or heriot-service were said to lie in render, when the lord might not only seize the identical goods, but might also distrain for them.
Render v.t.....
#7. To: Freedom William (#0)
Nevertheless, I feel compelled to exercise my obligation of due
diligence. I encourage all to conduct your affairs with government in a way
that demands its accountability
#8. To: BTP Holdings (#6)
#9. To: Jethro Tull (#7)
#10. To: Freedom William (#0)
#11. To: Jethro Tull (#7)
#12. To: robin (#10)
#13. To: Freedom William, Christine (#0)
#14. To: Jhoffa_ (#13)
#15. To: Freedom William (#14)
#16. To: Jhoffa_ (#15)
#17. To: Freedom William (#0)
#18. To: Neil McIver (#17)
#19. To: Freedom William (#0)
Every State within the Union of States (with the exception of the Republic of Texas) granted their unappropriated lands to the United States as a condition of statehood. Then as people acquired land, under various acts of Congress the President signed the patents securing the patented rights to the patent holders and their heirs and assigns forever.
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