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The following was written a few days after the incident happened.
Around 10 A.M. January 19, 1995, my bookkeeper came to my office and said a QW
from the IRS was there and wished to speak to me. I told her I did not want to
talk to Q because I had no idea what this was about. As far as I knew, we had
no outstanding issues with the IRS, and all old issues had been settled. Since
she was obviously frightened by Q's attitude, I knew I'd have to handle it
myself.
I went to the door, this lady shook my hand and said "I'm QW with the IRS". I
said she could come in and motioned her to a chair in my office. I took my
chair, and she asked as I sat down, "Who am I speaking to?". I replied, "My
name is RD". She said "Then you are who I need to talk to." I thought it
strange the way she asked and responded. If she didn't know who I was, I
thought, "Perhaps this is a scam artist, or, who knows what??? I'd better be
careful, `til I can tell what's going on here. She didn't offer me any
identification, and since I don't know of anything wrong with my relationship
with the IRS, this might be `some type of out-of-the-blue' scam. I figured I
had better find out if this gal is real, or yet another nightmare."
She then asked "Who owns this building?" I thought "What the heck business is
it of yours?" but replied, "What is your authority and what is your purpose."
She did not reply, but instead asked if JK was my attorney. Now, this really
put me on edge. If she really was IRS, she should know who my attorney was.
And if she knew that, she knew it was a breech of the IRS code to talk to me
directly. If she wasn't IRS, then she'd ask that question to set us up for
something -- but what? Maybe She'd been routing in our trash and found an old
bill and come up with a scheme to bilk us. But if she is IRS, she should have
already talked to Jim before showing up, and he hasn't called. So, who knows
what's going on here! This lady is apparently up to no good. So, I cautiously
replied, "I haven't talked to Jim in a few months. But I notice you haven't
answered my question, what is your authority and what is your..." She cut me
off! I was getting very stressed and thinking I need to call the police and get
this lady out of here. "She said, what I notice is you didn't answer my
question -- WHO OWNS THIS BUILDING!" I think I asked why she needed to know,
and incredibly, she said, `Cause I checked and it isn't listed with the county
records office!" I wondered what that had to do with anything, and how it could
be that the records didn't list the owner, when all filing and insurance
paperwork was paid for back when NM purchased the property. Again, her conduct
and responses did not match what I thought to be the truth.
Then, I thought about the two "POSTED: No Trespassing Signs" on the corners of
the building. And also the "KEEP OUT PRIVATE PROPERTY" sign in the yard. A
few minutes before she arrived, someone had been walking on the property taking
pictures and I had debated going out after them and throwing them off. But
having been shot at before, I returned my thoughts to her and said, "Listen,
you're on private property without an appointment or an invitation..." I was
preparing to order her off the property, but she didn't wait for it to be
stated. "That's fine," she said, "that's all I need to know." And she got up
and walked out.
I was pretty miffed. If she was IRS, what had she wanted and why wouldn't she
tell me? If she wasn't, which sure seemed to fit her actions better, then I was
the target of some kind of scam. I told my bookkeeper to bring me that old IRS
file. I needed to talk to MZ. I had worked with Mark before and trusted him,
and I think he trusted me as well.
I called and asked the gal who answered the phone if QW worked there. I was
told she did. I asked this gal for Q's supervisor. I was told it was Dave
someone. I was surprised it wasn't Mark. I asked to talk with Dave. The
operator said Dave was busy. I said, fine, who is his supervisor. She said
MZ. I said "Oh good, I know Mark, let me speak with him!" I was put on hold
again. Then a fellow came on the line. He identified himself and I said, "Is
QW one of yours?" He took a hostile stance and said "What do you mean, is she
one of mine!" I said, "Is she one of your employees? Are you her supervisor? Is
she an IRS agent? He said, "Well, who am I talking to?" or perhaps "Who the
hell am I talking to?" the intonation was consistent with either answer. I
said, "My name is RD. A lady just popped up out here, saying her name was Q
that she was IRS." He informed me, "Yes, she is a IRS collection agent, and she
must be working on a collection case." I said, "Well, she just popped up out
here and refused to answer any questions about who she was and what authority
she had." He snapped back, "She's a field agent and us field agents can pop up
wherever we want to." I asked, "Why wouldn't she tell me what's going on? and
why isn't she talking to the people I pay to handle these matters..." He asked,
"Well, does she have a paper with her where you assigned your power of
attorney?" I replied, "Well how should I know, I've never seen this lady before
in my life and...". He replied, "Well, she's got to have a power of attorney
to be able to talk to your attorney." I said, "As far as I know the IRS has a
power of attorney on file for JK...", He again belligerently asked, "Well, does
she have that piece of paper?" I answered, "How I am supposed to know? I asked
her about her authority and she left!"
He seemed to drop his hostile attitude, a bit. He said, "She's working on a
case." I was confused. I thought we were all caught up with the IRS and,
frankly, proud of it, and how we had handled our obligations at the time. I
said, "I don't understand, I worked with MZ in the past..." He spouted, "What
do you mean you worked with MZ!" He was fierce. This news really took him by
surprise. It frightened me. I had no idea where he was coming from, or why
he'd be mad at me for having worked with Mark. I said, I worked with Mark in
the past, we had some trouble and we worked it out.. He was clearly confused
by what I was telling him. I again complained about Q's refusing to identify
herself and her authority and purpose. He asked, "She showed you her
credentials?" I said "No, I asked her what her authority was, and what her
purpose was, and she refused to answer. She didn't show me anything. I told
him someone remembered a QW from the past coming out, but I had never met her.
After that, he calmed down again. I think he then asked to talk to Q. I told
him she had left the property. At this point, I noticed a surprise in David's
voice. He must have thought she was still in front of me. He said "If she
comes back tell her to talk to me." I wondered why she would be coming back. I
told him, "Look, whatever the case, my position is, if she is here without and
invitation and without an appointment, she is trespassing. She's supposed to
talk to my attorney, and it's still my opinion she should do so." He
acknowledged, reminded me if she were to come back he wanted to talk to her
first. I took this for an acknowledgment of my complaint, and an indication he
would see after it. I thanked him and hung up.
I thought there was more to this story. I didn't feel safe any more. I called
my attorney and explained the strange thing that had just happened. He said he
hadn't heard anything, but he'd find out and if something was really happening,
he'd fill a 911 with the IRS, because as far as he knew, there had been no
communications with the IRS since filing the affidavit. Clearly proper IRS
procedures were not being followed, and someone was out of line, and way out of
control.
At that point, one of the employees appeared at my office and said "she's
back". She stormed in and said they were taking the building and changing the
locks. She started down the hall, I said you need to call David. She wheeled
at me and shouted, accusatory, "I know you talked to David." I thought this was
probably a lie, she was probably surprised I knew her coworker's name and was
bluffing. I asked, "Have you talked to David since you were last here?" She
wheeled and again headed down the hall without answering. I said, "David told
me to tell you to call him." She ignored me and started to peel the back off of
some kind of sticker. Clearly this person was not interested in Law, Justice,
Due Process, or IRS procedures and Code. Nor was she interested in hearing
what her supervisor had to say to her. I began to suspect Dave wasn't her
supervisor at all. What was going on here?
She threw out a Notice of Levy on my desk. Then she walked away and turned
around again and threw out a Notice of Seizures. I looked at it. It was
getting pretty clear at this point. The notices were to CA-PC. I asked "What
do you think you're doing here?" She shouted, "We're shutting down the
business!" I asked, "Which business?" That pretty much threw her into a rage.
She sputtered and shouted, "This business here!!!" and pointed at the floor in
my office. So, I asked, "And what business do you think this is?" She refused
to answer and stormed out of my office.
My attorney and I continued to talk. I began digging for the sales contract
proving NM owned the building she was seizing in the name of PC's back taxes.
She went to every NM employee and told them they had to leave. She ordered one
to get off the phone, who was having a conversation with a NM customer. I am
told no one believed her. She was so rude and irrational, no one could imagine
what her problems was.
I was talking to my attorney one time when she came stomping through, and I was
telling him I had asked for her identification several times and she had
refused. At this, she finally produced a wallet with two pieces of paper in
it. I began to read the paper, and had read the first half, with various IRS
information on it while still holding the phone so my attorney could hear, and
as soon as I reached the personal information, she snatched it away and stomped
off. I said "wait a minute, I didn't finish. Hey, Q, can we get a copy of
that?" She didn't answer. It's becoming apparent to me this woman does not
want any personal identification numbers to become part of the record.
I decided I'd better talk to Mark at the IRS, since he was the only one with
enough integrity to be trusted. It seemed nearly every other agent I had
talked to, had lied. I dialed Mark. I had to wait quite awhile. When Mark
answered the phone, I asked if he remembered me and that we had worked together
in the past. He said he thought he remembered the name. I began to explain
the situation as best I understood it. At that moment, the police we called
arrived in my office. I told Mark, "Oh good the police are here, hang on." I
then addressed the officer, still speaking into the phone so Mark could hear,
and said, "Thank you for coming out, today. We've got quit a problem here.
These agents have come out to serve a Levy and Seizures, but as you can see
here on their documents they have the wrong company listed. This property is
owned by another company, here.." and I offered him the sales contract showing
NM owned the building. The officer began examining the two documents. I
turned my attention again to Mark. I said, "Did you copy all that Mark?" He
said he wanted to speak to Q. I told the bookkeeper to go tell Q she was
wanted on the phone. She said, I don't think she'll come. I said please go
tell her MZ is on the phone and wants to speak to her. She said she'd try.
Both agents were in my office. Q began listening to Mark. She made several
objections. She said, "I sent it to them here, and I sent it to them there" I
assume she meant PC, "and these guys sent back an affidavit and the other guys
didn't send back anything." I thought, "Great, cooperate with the IRS, follow
the rules, and what do they do? Jump on you for the effort. If the other guy
DIDN'T respond, why did you assume the guys who did respond, followed IRS
procedure and filed affidavit, which went unanswered by the IRS for months,
were the ones who needed to have things seized?
She said to Mark, "I was out several times and I spoke to Mr. RD several
time..." My blood boiled. She was a liar. To the best of my knowledge, I had
never seen this woman before. She may have called several times when I was
out, but she sure didn't talk to me. I had a power of attorney, and they were
supposed to talk to him. I was so mad at the way I had been treated by the IRS
that I wanted no personal contact. Nothing in the world burned me more than
dishonest IRS agents, and here in my office on posted private property was a
jerk using my phone to lie to her supervisor while disrupting the business of a
company in complete compliance with the IRS. She was busily trying to deprive
more than a dozen people of their salaries, and thereby about to deprive the
U.S. of $100,000 a year in revenue. Let alone the other companies who would go
out of business and have cause to sue. We were already warned that day, if we
allowed interruption of parts shipments to RJS, they would go out of business
and be forced to sue. She had usurped so many powers of the Constitution, let
alone violated so many rules and procedures of IRS code, that she was, well,
either criminally negligent, or worse, acting with full criminal intent.
She and Mark went on talking, "but I'm looking right at a business card with CA
on it in his office." I said, yes, but that's CA-I. That's an entirely
different company from CA-PC." By her reasoning, Joe Getz could be held
accountable for Joe Gonzales taxes, even if their Federal Tax Identifiers were
different. Why? Because they had the first name? Oh Brother! I got up and
took one of the cards and offered it to the other agent. I said, may I
present this for your examination. Now, this other agent was sitting wide
eyed and in general looking amazed at what was going on. She looked at the
card. Q on the phone said something to Jim about "International". Sensing
there might be some reason coming to the other agent, I returned to my desk and
took out the sales contract and took it to her and told her this property was
owned by NM. She almost grabbed this out of my hands. I held on to it as it
was the only copy I had. She asked, "When was this?" I helped her look for a
date and found the 4th of November 1986.
I went back behind my desk and was able to find an inventory list from PC works
which was labeled as such and returned to show her. I said, "These were the
assets of PC," and I pointed out, "there's not a single piece of anything on
that list in this building."
She said, "JK is your attorney?" I said yes. She shook her head and said,
"I've worked with Jim before, he's a good guy." I began to pipe in how I
thought so too and Jim was an ex-agent himself and I almost missed her next
comment, half under her breath and in total disbelief. "How did this ever get
this far?"
Q jumped in, still on the phone with Mark and said, "Can I have a copy of
that?" I said, "Sure, I'll be more than happy to give you a copy -- just as
soon as you agree to stop this illegal action.." Oh! she glared at me. She
turned around and didn't ask again, nor did she acknowledge my offer. She
finished with Mark after a quite a few more minutes. She closed saying, I'll
see you back at the office." I said, Wait! I still want to talk to Mark. She
hesitated and sneered at me.
A little later, or perhaps still during the phone call, this agent who had
seemed reasonable asked about NM. She asked if I was the president of NM. I
said yes, and she said, "Q he's the president of NM too, Q! Q!" But Q was
getting an earful from Mark at that time, or just ending her call, and waved
her off. I thought great, you still are outside due process and you're
grabbing at straws, and you're going to do the seizure anyway. You've got no
concept of the meaning of "legal entity" and due process of law. Another
attempt at illegal seizure. These agents are either ignorant of the law and
the IRS code, or deliberately ignoring it. They don't know who they can
proceed against and they don't care. They don't even know the difference
between private property and personal property.
When I got the phone back, Mark had already hung up. So, I dialed him up
again. He asked about my relationship with PC. I went on and told Mark that I
was willing to pay every cent I owned, and he should know that from working
with us before, but in this case, that wasn't it. I told him I'd been involved
with Pat of PC for only a few months. Pat had told me where break-even was,
and I helped get the sales there. I then found out break-even was MUCH lower.
I told Pat we could either shut down the business and sell off the assets or he
could buy it back and take over all obligations. Mark asked about my
relationship and I said I basically gave business advice and had pumped in some
money. I told him I never had signature authority on the PC account, that Pat
was the manager before, during and after my involvement with it. I think this
was all in accordance with the affidavit we filed. He asked me if I knew where
the bank account was, then there was another commotion. Someone shouted at me,
they're changing the locks. Q walked back in. I asked if we were done? Was it
over? Could the police office go? She gave half a nod and a sneer, but no solid
answer and walked out.
Mark asked if I minded answering a few questions from time to time. I told him
I didn't mind talking to him personally but... He said, okay, what if he
called and asked a few questions from time to time, would I mind. I said, no
I wouldn't mind, but, this in no way was meant to waive my power or attorney I
had with JK. He acknowledged he understood, and then we went on to discuss
what a good guy we both thought Jim was. That was the end of our
conversation.
Q was standing outside. I opened the door to ask her if she wanted copies as I
had promised, and she sneered, I'll be back in a minute. So I went back to
waiting. All the employees were standing around trying to figure out what
happened. She came back in with two sets of keys and said here's your keys to
the locks. Sign this. I asked what it was. She said it was just a release
form, saying we got our building back in the same condition it was in. I
insisted on reading the type above my signature. There were two sides to the
page. I didn't know it at the time I signed. When I tried to pick up the
papers, she scolded me. Ooh, there's two copies there be careful. Don't get
them out of line. Above my signature was the line she said certified the
building had been returned in the same condition it was taken. There was also
a release clause that I held the government blameless for damage to the
building. I turned to the locksmith and said, are those my original locks and
keys. He said he had to re-key the locks and he couldn't put them back in the
same order without seeing our original keys. I said, we had lots of keys out
and if we didn't have keys we didn't have our building back. She said, Well
you're going to have to pay for that. All I paid him to do was to change the
locks and then give you the keys. If you want them changed, you're going to
have to pay for it. I scowled at the paper. The locksmith chimed in, how many
sets of keys? I said about ten. He said he'd make them. I asked how much. He
said he'd throw them in no charge. I accepted his offer and signed under that
condition. As far as I know, they did not damage the building. It wasn't the
building I was worried about anyway. We'd been knocked off our schedule,
suffered lost production and sales, I was suffering chest pains and could feel
my blood pressure was at a dangerous level, and I thought if I didn't have that
release, I'd be sleeping there overnight with as many employees as would stay
with me. And there was no release clause against her as an individual. After
all, as I understood the situation, the government had rules she had broken and
the majority of illegal action had been on her part, the assisting agent, and
the supervisor, Dave. So we were free to sue for anything as long as we
weren't claiming damage to the building.
When I had the keys, I made copies of the Sales Contract between NM, Inc., and
PC along with the inventory list of PC equipment. She told me she was going
to send a letter of some kind and to be sure I filled out every question on it.
Then she said I was the only registered officer of the company so they were
still going to hold me responsible for the back taxes. She then left.
Well, I was so upset I was only able to sleep about an hour that night. Most
of the night I spent working on this recording of the events as they were fresh
in my mind. My wife told me she could hear the stress in my voice and she can
see it in my color.
The experience of trying to deal with an irrational QW and IRS has been
detrimental to my health. I checked my blood pressure Friday morning and it
was up ~150% above previous highs. The readings I took were 214 over 114 with
pulse of 110. I called my Doctor's staff, with the numbers. They told me to
come in immediately. I went to the hospital Friday before noon. My doctor
told me anything over 200 was an emergency. He told me no matter what was
going on, "At some point you've just got to calm down and tell yourself, 'I'm
not going to let these people kill me.'" He told me he was certain I'd had
suffered some injury to my heart during that session. He felt the IRS should
be made to pay for such a serious intrusion into one's life.
I am now on blood pressure medicine. Prior to this, I had maintained a
reasonable pressure by natural means -- reduced salt, low sugar, low fat diet,
exercise and weight loss. This is no longer possible. Monday, five days
later, under medication, my pressure is still 177 over 93, higher than any
other point I have a record of prior to Q's illegal action.
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