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Rael
04-23-2009, 11:53 PM
This step requires a lot of planning and organization and even some cooperation from your spouse. Being judgment proof means that even if the IRS does win against you in a court of law, they won't be able to collect from you because you have taken great care to ensure that they can't get to any assets to levy or seize, because they either can't find them or can't legally take those that they have found. We’d like to emphasize that the advice in this section is not intended to violate 26 U.S.C. Section 7206 item (4), which makes it a crime to conceal assets otherwise lawfully owed:

(4) Removal or concealment with intent to defraud.

Removes, deposits, or conceals, or is concerned in removing, depositing, or concealing, any goods or commodities for or in respect whereof any tax is or shall be imposed, or any property upon which levy is authorized by section 6331 with intent to evade or defeat the assessment or collection of any tax imposed by this title; or

….

shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 3 years, or both, together with the costs of prosecution.

If the other options presented elsewhere in this document are observed, then the reader will lawfully owe no income taxes and therefore, it will not be a criminal act to follow the advice in this section.

There are a number of areas you need to work on to become judgment proof:

1.

Your marriage.
1.

Before 1923, most people didn't even get marriage licenses. Instead, they just recorded the strictly religious marriage ceremony in their family bibles. Then the lawyers and the government in 1923 tried to get involved so they could more easily get jurisdiction and control over marital assets in court and violate people's constitutional rights in the process. They passed the Uniform Marriage and Marriage License Act, which gave the government jurisdiction over your marriage and your property no matter where you lived. That was about the time the Uniform Commercial Code was passed and the lawyers wanted a way to eliminate the constitutional protections people had within a marriage (right not to testify against self in 5th amendment) so they could force spouses to testify against each other in financial matters and more easily recover judgments. Think about this: A license is a permission from the state to do something that would otherwise be illegal. Is it illegal to get married without a state marriage license? Absolutely NOT!! Marriage licenses are just a power grab by the state to take away more of your constitutional rights. The original purpose of marriage licenses was to permit interracial marriages, which were otherwise forbidden! Don't become a slave of the state and surrender your rights when you get married: That's a violation of the separation of church and state and makes you into a polygamist. Why? Because if you get married and get a license, then you not only married your spouse, you also married the state and your pastor who does the ceremony and signs the license is both a pastor and an agent of the state when he does the ceremony.
2.

In community property states, such as California, New York, and Texas, where both spouses have a state marriage license, if the IRS tries to collect from you, they can take half of the collection from assets that are only in your spouse's name, unless you take measures to prevent this.
3.

How can you protect your spouse? Here are some options:
1.

Don't get a state marriage license. Then they can't prove you are married. Keep the evidence of your marriage in your family bibles (both your spouse and you) and don't let them see the bibles. That way they have no "state" or "government" documents proving you are married.
2.

Get a “Common Law Marriage” and annul your marriage license. A very helpful book tells you how to do this called “A Question of Marriage: At Common Law” available from We the People at http://www.freedommall.com/. You can also download our extensive free book on the subject entitled Sovereign Christian Marriage from our website at:
http://famguardian.org/TaxFreedom/Forms/Marriage/SovChristianMarriage.pdf
3.

Keep everything in separate names with no joint accounts they can levy or seize.
4.

If they try to take assets from any of your spouse's accounts, then prosecute them for wrongfully taking taxes.
5.

File separate returns so they don't know who your spouse is and don't reveal your spouses name on your tax returns.
6.

Have a premarital or post-marital agreement that specifies the property rights of each spouse and which protects spouses from collection activities against the other spouse. Make sure you show this to the IRS before they try to collect any money from you so they know what they CAN'T do.
7.

Just before collection activity begins by the IRS, gift your assets to your spouse and ensure that it is in his or her name. Before you do this, you better ensure that you trust your spouse and that you have a pre-marital agreement that keeps the assets of each spouse separate. Without an agreement, and especially in community property states like California, this doesn't work because the courts consider everything, regardless of whose name it is in, to be community property.
8.

NEVER discuss with anyone why you have a premarital agreement or why you gift assets to anyone, because the IRS will try to establish that you got it to protect your assets.
2.

Your business.
1.

When you get a business license and ask the government to recognize your "fictitious business name", then you are subject to their legal jurisdiction and have to surrender your constitutional rights and privileges because you are relying on a privilege granted by the government to run your business under the "Collective Entity Rule". There is an unspoken contract that is signed when you get the business name that basically says:

"Caesar has recognized my business name and agrees to limit and protect my liability in running this business. Therefore, I must pay tribute (bribe) to the king as a reward for having that privilege and surrender all my constitutionally protected rights."
2.

Because of the above, you should avoid using fictitious business names and if you have them, you should not keep any of your financial accounts or property in the name of your business. Instead, keep them in your personal name or in the name of you and/or your spouse. That way, you still have rights, like the 5th Amendment right not to incriminate yourself or your spouse by not responding to a discovery request, subpoena, or deposition.
3.

You are warned that businesses with fictitious names have a legal obligation to provide any and all documents and records about themselves in any legal proceeding, even if it might incriminate them, and against the 5th Amendment! This is because of a thing called the "Collective Entity Rule", which we talked about in section 3.12.3 of the Great IRS Hoax. That's why the government wants you to get a business license: so they can have jurisdiction over you and can violate your constitutionally protected rights!
3.

Moving your assets into trusts.
1.

Trusts are a good vehicle to protect assets being illegally taken from you, both from IRS collections and from probate.
2.

Using pure trusts is also a recommended option and is preferred over living trusts. One place to learn about pure trusts is Innovate Financial Consultants
3.

If you don't get a pure trust, then at least get a living trust so that your assets don't have to go through probate and aren't subject to any IRS collection activity.
4.

Moving your assets overseas.
1.

Put them in bank accounts that don't require social security numbers and in banks that have strict confidentiality laws against the IRS.
5.

Keeping your money out of banks.
1.

Banks typically are ignorant of the law and will often honor an IRS "Notice of Levy", which isn't actually a valid levy until it is issued following a court judgment unless you are a federal appointed or elected official.
2.

Ensure that your bank is aware of the IRS' authority to levy BEFORE you open an account. Show them the law and ask them to tell you how they handle IRS levies and under what circumstances they will honor the levy.
6.

Avoiding cash and using gold coins and barter, so transactions are not traceable.
1.

Note that it is best to buy your gold coins without paying sales tax, or you will lose part of your assets right off the bat. Ordering the coins via mail order or over the internet is a good way to avoid paying sales tax.

bobbyw24
04-24-2009, 05:47 AM
and NOT Judgment Proof since your hypo assumes that the IRS wins in court against you and gets a judgment.