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Category Archives: Signature

Notice & Right of Inquiry in re: Income Tax and Traffic Tickets


Right of Inquiry [courtesy Google Images]

Right of Inquiry
[courtesy Google Images]

The Cornell University Law School defines “procedural due process” as follows:

 

“Principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard.”

Thus, procedural due process consists of two elements:

1) Notice; and

2) Opportunity to be heard.

The “opportunity to be heard” is typically a hearing where you will be found guilty about 98% of the time.  Therefore, most reasonable people don’t want the “opportunity to be heard” because it is typically an “opportunity to be sentenced”.

I believe that “opportunity” can be avoided by controlling the notice.  I.e., unless you consent to receive only an incomplete notice, the gov-co can’t take you to the “opportunity to be heard [sentenced]” until they’ve give you full and complete notice.

Strangely, my research implies that the notice recipient, rather than the notice sender, controls the express content of every notice.  Whenever you receive a notice, you control whether or not that notice is sufficient to allow the sender to take you to the “opportunity to be heard [sentenced]”.

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66 Comments

Posted by on September 7, 2013 in Income Tax, IRS, Notice, Questions, Signature, Traffic Law

 

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“Protest Words” Beneath Your Signature


 

John Cornyn

Image via Wikipedia

 

The following is an “opinion letter” authored by the Texas Attorney General John Cornyn (now US Senator) in A.D. 1999 and sent to a member of the Texas House of Representatives.

The subject matter of this opinion letter is “protest words written beneath a person’s signature on a state document”. For example, what is the legal effect of writing “non-assumpsit” or “forced to sign under threat, duress and coercion” beneath your signature on a document. The Texas AG explains that such disclaimers can effectively nullify the document as an agreement/contract. More, he offers some nice insight and authority as to the making and accepting of valid agreements/contracts.

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Posted by on November 10, 2010 in Signature