{"id":15958,"date":"2011-03-10T08:17:50","date_gmt":"2011-03-10T15:17:50","guid":{"rendered":"http:\/\/oooorgle.com\/BeyondTheCorral\/?p=15958"},"modified":"2015-03-09T21:51:00","modified_gmt":"2015-03-10T04:51:00","slug":"texas-robbery","status":"publish","type":"post","link":"https:\/\/oooorgle.com\/BeyondTheCorral\/texas-robbery\/","title":{"rendered":"Texas Robbery"},"content":{"rendered":"

\"\"MarcStevens.net<\/a> | This is the first call I’ve made to resolve a local extortion problem. \u00a0My friend Marciano is being threatened with an attack for not paying the local tribute. \u00a0This tends to really upset tyrants because they crave obedience. \u00a0Instead of just paying like a good obedient serf, Marciano decided to challenge the allegations being made against him. \u00a0Don’t forget, without the political PR, taxation is the forcible taking of property<\/strong>; government means never asking for permission.<\/p>\n

Marciano had written several letters to the tax agency asking two basic questions: 1. Are there any witnesses with personal knowledge he is a taxpayer and 2. Is there any admissible evidence he’s a taxpayer. \u00a0Instead of answering the questions with a yes or no, he was sent documents showing he owned his property. \u00a0Not getting responsive answers, we decided we should call to resolve this matter.<\/p>\n

We spoke to a Yolanda at the tax office and she stated the tax office does not make legal determinations people are taxpayers with tax obligations, the county appraisal office made those determinations. \u00a0This seemed odd, but we decided to call the appraisal office to confirm. \u00a0As I’ve said before, when you have a tax issue to resolve, you need to speak to two people, the one who made the allegations\/accusations and the agent who can stop the attack.<\/p>\n

We left a message for an appraiser to call and I got a call back from the chief appraiser, Mr. Rolando Garza on Friday March 4, 2011 at 9:11am. \u00a0The entire call is here<\/a>, the only edits are Marciano’s last name and address. \u00a0Mr. Garza confirmed he was the one who made the legal determinations Marciano is a taxpayer with a tax obligation:<\/p>\n

Marc<\/strong>: OK, but who\u2019s making the determination he\u2019s a taxpayer and has a tax obligation?\u00a0 That\u2019s who we\u2019re interested in speaking with.\u00a0 Somebody said, we got a delinquency notice from the tax department and they\u2019re saying they\u2019re not responsible for the legal determination that my client is a taxpayer, that that was done by someone here, so we\u2019re trying to find out who at the appraisal district, and I know, I had spoken to somebody, an Orlando \u2013<\/div>\n

Garza<\/strong>: OK \u2013<\/p>\n

Marc<\/strong>: and he said that, what I already know \u2013<\/p>\n

Garza<\/strong>: \u00a0I make that decision sir.<\/p>\n

Marc<\/strong>: \u00a0Oh you make the \u2013<\/p>\n

Garza<\/strong>: I am the chief- I make the decision \u2013 it rests on my shoulders \u2013<\/p>\n

Marc<\/strong>: that my client is a taxpayer?<\/p>\n

Garza<\/strong>: \u00a0Yes sir.<\/p>\n

Garza also stated: “I\u2019ve made a determination, I have certified an appraisal roll and that\u2019s my determination.\u00a0 That it is taxable and that\u2019s where it lies.”<\/p>\n

Since Garza is making legal determinations effecting Marciano’s life, it’s reasonable to expect he’s qualified to interpret and apply the Texas constitution and law. \u00a0After all, he does it everyday and it directly effects thousands of people. \u00a0So naturally, I ask Garza about his qualifications because I think it’s silly, as well dangerous and irresponsible, to give an accuser a free pass:<\/p>\n

Marc<\/strong>: \u00a0Well that\u2019s why I\u2019m asking you about, are you an expert in the interpretation and application of the Texas constitution and laws?<\/p>\n

Garza<\/strong>: \u00a0I am the chief appraiser for Hidalgo county and I follow the Texas property tax code.<\/p>\n

Marc<\/strong>: \u00a0OK, that\u2019s not really an answer to my question – well – my question is \u2013<\/p>\n

Garza<\/strong>: \u00a0I\u2019m not going to answer that question.<\/div>\n

Once again, a tax agent making allegations effecting my client’s life, is adamant about not answering questions about his qualifications to do his job. \u00a0What’s the problem? \u00a0If it’s so easy to prove, with facts, someone is a taxpayer with a tax obligation, then why do the agents always refuse to discuss it?<\/p>\n

They refuse to discuss facts and their qualifications to interpret and apply the constitution and law because there are no facts. \u00a0There are no facts to connect anyone to the constitution and laws. \u00a0Remember, I’ve never had an agent tell me what the constitution is factually, they tend to think it’s irrelevant<\/strong>. \u00a0Really? \u00a0Then why do they all insist the constitution is the basis of their power to tax? \u00a0Irrelevant, really? \u00a0Who’s buying that nonsense?<\/p>\n

We have authority to tax you and your property, it’s not theft because the constitution authorizes us.<\/strong><\/p>\n

Really? \u00a0What is the constitution factually?<\/strong><\/p>\n

That’s irrelevant; and mind your own business.<\/strong><\/p>\n

They claim it’s irrelevant because they cannot tell you what it is and show any factual connection to us. \u00a0The opinion the constitution applies to us is arbitrary; or as they say in the legal profession:\u00a0\u201cvox et preterea nihil<\/strong>\u2026Voice and nothing more; that is, nothing but wind.\u00a0 See Mitchell v Hazen, 4 Conn 495.\u201d\u00a0 Ballentine\u2019s Law Dictionary<\/span>, page 1354. \u00a0They probably know they can’t prove a connection so they claim the constitution is irrelevant. \u00a0Strong argument; sounds like legalistic gibberish to me. \u00a0Yeah, pay no attention to that man behind the curtain!<\/p>\n

Pay no attention to that man behind the curtain. <\/a><\/p>\n

I say challenge everything<\/strong>. \u00a0If someone accuses you of being a taxpayer, then ask them to prove it. \u00a0I’m not talking about violent revolt; only challenging their opinions instead of just obeying their commands. \u00a0Keep your focus on the man behind the curtain. \u00a0The constitution is just distraction; it diverts your attention away from the violence. \u00a0But it’s very much a sacred cow; any suggestion there’s no evidence to prove the constitution applies to anyone and the apologists will attack you as crazy and demand you move to Somalia. \u00a0Move to Somalia; now that’s a sophisticated argument proving the constitution applies. \u00a0Is that supposed to be evidence the constitution applies? \u00a0Can we use that to defeat a tax assessment? \u00a0I’m a taxpayer? That’s frivolous, if you don’t like it move to Somalia Mr. Garza.<\/p>\n

You can argue it’s not Garza’s job or responsibility to discuss his qualifications. \u00a0Sorry, I don’t buy that and neither should anyone being attacked by people like Garza. \u00a0If someone accuses you of something, the burden is on them to prove it: “Ei incumbit probatio qui dicit, non qui nega<\/strong>…The burden of proof is upon him who alleges, not upon him who denies. \u00a0Patterson v Gaines (US) 6 How 550…” \u00a0Ballentine’s Law Dictionary<\/span>, page 392. \u00a0Why not take a few minutes and present the evidence Garza relies on? \u00a0Simple; there’s no evidence and there can’t be. \u00a0They are willing to take your property by force but not willing to discuss the facts supporting their legal opinions. <\/strong>What does that tell you about them?<\/p>\n

And what makes these bureaucrats so special or immune from questioning? \u00a0If you asked your doctor about his\/her qualifications, he\/she would tell you about their years of study and medical school. \u00a0Honest people who respect others have no problem being upfront and forthright; when asked to verify an opinion\/allegation, they do it. \u00a0Ask them about their qualifications and they’ll tell you.<\/p>\n

Bureaucrats\/politicians are not honest; they only enjoy their positions because of coercion; we’re forced to support them or suffer severe punishment. \u00a0I encourage everyone to challenge these allegations\/opinions; demand that before you give them a dime, they prove their allegations are true. \u00a0This is being a mature, responsible adult. \u00a0It’s time to stop giving lip service to concepts such as freedom and liberty and start living it. \u00a0We see in the news everyday the destruction to society because so many people permit governments to exist; the least we can do is to ask these bureaucrats to verify their opinions\/allegations, before we give them part of our lives.<\/p>\n

By Marc Stevens<\/p>\n","protected":false},"excerpt":{"rendered":"

MarcStevens.net | This is the first call I’ve made to resolve a local extortion problem. \u00a0My friend Marciano is being threatened with an attack for not paying the local tribute. \u00a0This tends to really upset tyrants because they crave obedience. \u00a0Instead of just paying like a good obedient serf, Marciano decided to challenge the allegations […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[294,861],"tags":[391,579,11,147],"class_list":["post-15958","post","type-post","status-publish","format-standard","hentry","category-article","category-audio","tag-adventures-in-legal-land","tag-property-tax","tag-tax","tag-no-state-project"],"_links":{"self":[{"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/posts\/15958","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/comments?post=15958"}],"version-history":[{"count":0,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/posts\/15958\/revisions"}],"wp:attachment":[{"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/media?parent=15958"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/categories?post=15958"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/oooorgle.com\/BeyondTheCorral\/wp-json\/wp\/v2\/tags?post=15958"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}