Demur and Passing thoughts
I can only say for sure what has happened to me and what I have personally experienced.
I remember back in the early nineties when I first started studying with Harold and he introduced me to Rochester law and Rite-Way Law.
One of the first things that stuck in my mind was demurring and staying on Point no matter what. I think the reason demur always stuck in my mind was because I have always hated wasting time and a demur is a perfect thing that a lot of time can be wasted on. In fact while a person is addressing a demur h/she does not even realize how much time is spent on answering a demur properly because a demur can and will run you down so many rabbit holes it isn’t funny, in fact answering a demur properly is endless, if you get my drift. So I think the question to ask is what are we doing answering a demur in the first place. In my opinion this is a perfect place to show how smart we really are or are we??? Most times we answer a demur with out even realizing it and in doing so we don’t realize how far off point we have gone. We have entered into their discussions and arguments.
When case law is brought up as an answer, it is an example to prove a point and many times the same case law can and is used by both sides?
I have learned a lot over the years studying the law and I am forever thinking on what I have learned and am constantly trying to improve. I listen to everyone that has an idea no matter how off the wall it is because I have seen many times that an individual may not be able to say certain things the right way but their idea makes sense once it has been analyzed and thought about and maybe if it is put in a different context it can work.
The most profound and most powerful tool I have learned once it is understood is the Challenge to Jurisdiction. Jurisdictional Challenge is devastating if you stay on Point.
NOTHING can move forward until Jurisdiction is proven !!!!
Jurisdiction is AUTHORITY and the Right to move forward. What does Demur have to do with these thoughts? Well! If District Attorney say’s the challenge to jurisdiction is FRIVILOUS and brings in Case Law to back up his answer and you address his answer trying to disprove his answer with more Case Law have we just gone down a rabbit hole?
Did we stay on point and did we EVER have our Jurisdictional challenge answered, did we start arguing when we started to answer the district attorney’s demur???
Right there is your Rabbit Hole and if you want to see how deep the hole is just answer the Demur !!!!!!
I don’t know what is going on with other people’s cases, all I know for sure is what has happened to me over the years and the different tactics that I have used. I am blessed. Recognizing these blessings opens ones eyes to many things. I believe people in general are to busy looking for miracles and unfortunately never accept or see their daily blessings.
One blessing I have learned is the gift of shutting up and listening. Just listen to what is being said and don’t say anything. By training myself to do this I have learned that I am not concentrating on an answer and I can absorb what is being said. You can always answer even if it is long after. Never be in a hurry to answer and if you have answered wrong you can always go back and correct a wrong.
Regarding the IRS.
I have been walking on water since I had my FOIA answered by the tax bureau and they couldn’t find any taxable activity regarding the years in question. I have always answered all their correspondence in a timely matter and never argued and always offered to pay if that was what was determined. For years there was never any determination but I kept getting the letters .I finally came to the conclusion the letters that were being sent to me claiming I owed a debt could not be answered by the agency sending the letters. Simply put, I believe all that agency can do jurisdictionally ( there’s that word again) is send the letters out with information they have been given to collect the alleged debt. Where did the claim originate???
Any business debts have to go through the Secretary of the Treasury. The Secretary forwarded my inquiry letter to the Tax Bureau. The Tax Bureau makes the determination of a debt owed. The determination is sent to the IRS for collections.
Finally after realizing how things were done I fired a FOIA into the belly of the beast (Tax Bureau) and they answered and I believe that is the end of it. Praise Yaweh !
What has happened here? We have gone back into what we have learned. Where is the Authority to charge me a Tax? which is the “Challenge to their Jurisdiction”. The Tax Bureau is where all the determinations for taxes are made. These determinations are the foundation of the IRS.
It is interesting to note, all these years I have demurred to answering their letters and correspondence when in reality all they could do “jurisdictionally” is to threaten and collect taxes. I have finally realized the different offices I have been corresponding with all these years did not have the authority to answer the questions I was asking in my letters. I believe once the IRS is comfortable that you don’t know where to go or they decide to make an example of you that is when the sledgehammer is lowered.
We need to open our eyes in all matters concerning other matters we are involved in and find out where the core or foundations ie; authority for the claim is. Understanding jurisdiction needs more research and study and it needs to be done by more then just a few of us. It is absolutely a question of them having to prove Jurisdiction. We need to understand and entrench ourselves and absolutely do not move until Jurisdiction is proven, in writing not by word of mouth but in writing. We must stay put and get it on the record and believe me they will fight you tooth and nail because 99.9% of the time they do not have the jurisdiction to move forward. Most of the time the only way they can move forward is by us allowing them to do so.
NO MATTER how Frivolous they say our challenge is, we must understand that their answer is a (demur). They want us to enter an answer, taking us off point down into the maze of the rabbit hole.
God bless,
george