18 USC 1001 False Statements & Fraud

It’s not simply true that you can’t lie to the “Government,” it’s also true that at least the executive branch of our “Government” can’t lie to us–IF we ask questions.  See, 090810 18 USC 1001 FALSE STATEMENTS

The Krane Complaint: Tax Attorney sues Billionaire

I received an email entitled “The Billionaire Exemption:  Suit May Blow Lid Off Secrets of Billionaire Saban”.  In this suit, the plaintiff Matthew Krane, is reportedly a Hollywood tax attorney who is suing his previous client Haim Saban (the billionaire).   Apparently, Saban has caused Krane to be jailed for most of a year and has [...]

Notice vs. Notice Pleading

It’s a regular event for me to find myself somehow “compelled” to read something that I have no desire, energy or intent to read.  Maybe I’m just obsessive-compulsive, but I think the Good LORD sometimes “forces” me to stick my snoot in a book or article until I suddenly discover something that (for me, at [...]

Inquiries In Response to IRS Notice CP59

As I’ve explained in previous articles on the subject of “Notice” (try my search engine or click on the “Notice” category), I’m about 95% convinced that every notice creates the recipient’s right of inquiry. For example, if the IRS sends you a notice, the proper response is not to go silent or to to [...]

Investigating Argument

According to the A.D. 1992 edition of O’Connor’s Texas Rules Civil Trial, Texas courts recognized kinds of hearings: 1) evidentiary; and 2) argument.  Neither kind of hearing was favored over the other.  However, according to the A.D. 2005 edition of O’Connor’s same book, those two kinds of hearings are still recognized, but “evidentiary hearings are [...]

Notice Pleading Notes

I’ve been trying to make sense of our legal system for 26 years. So, I was much surprised when I recently learned that “notice pleading” is America’s “dominant form of pleading”. Up until a couple of weeks ago, I’d never even heard the term “notice pleading,” and now I find out that it’s the “dominant [...]

Notice & the Right of Inquiry

As I’ve written previously, procedural due process is the minimum due process that the courts and administrative agencies must provide whenever they seek to charge a defendant. Procedural due process consists of 1) Notice and 2) Opportunity to be heard.
First, note that an “Opportunity to be heard” is not necessarily an opportunity to enter [...]

FRCP 12(b)(6) “Failure to State a Claim for which Relief can be Granted”

For years, I’ve watched pro se plaintiff after pro se plaintiff have their complaints dismissed by federal courts based on a defendant’s pre-trial, Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6) “for failure to state a claim for which relief can be granted.” Although the federal courts’ repeatedly grant of 12(b)(6) Motions to [...]

Notes On Notice & Procedural Due Process #2

Virtually every American adult has received a Notice. Some from the IRS, some from a municipal court, some from a local utility company. In fact, Notice constitutes the first of the two essential elements (the other is “opportunity to be heard”) that comprise “procedural due process”—the minimum “due process” that must be provided to every [...]

Notes on Notice and Procedural Due Process

The one thing the courts of “this state” seem willing to enforce is “procedural due process”. As I understand it, procedural due process consists of two elements: 1) Notice and 2) Opportunity to be heard. With that understanding of “procedural due process” in mind, I asked myself Why has our government—and therefore our country—become bilingual [...]