or other applicable law or rule."
You have a right to refuse ALL U.S. Mail that contains
suspicious and/or fraudulent presentments or claims.
To maintain a record of this refusal, make copies
of the annotated envelope, and send a copy to the
U.S. Postal Inspection Service, if they persist
in ignoring your refusal(s). USPS have a form
you can use -- to create a formal record of your
complaint.
Mail fraud is a federal felony, so you are required
by 18 U.S.C. 4 to report such a felony anyway:
http://www4.law.cornell.edu/uscode/18/4.html
Postmasters are officers of the United States,
so they qualify for purposes of all reporting
required by this criminal statute.
If the Postmaster balks, send him a printed copy
of this:
http://www.supremelaw.org/cc/giordano/dissolve.irs.htm
(cites Lanham Act violations, i.e. false designation
of origin)
BTW, Lanham Act authorizes TRIPLE DAMAGES!
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the best tack would be to "refuse it for cause without dishonor" UCC 3-501,
sign it without recourse UCC 3-414 and return it along with the envelope it came in
within 72 hours certified mail, and lob the ball is in their court.
BE CAREFUL!
The federal UCC is federal municipal law:
http://www.supremelaw.org/ref/ucc/77stat630.gif
http://www.supremelaw.org/ref/ucc/77stat631.gif
Use the LANGUAGE of the UCC, but do NOT cite to any
sections in the federal MUNICIPAL U.C.C. A federal
judge might just take SILENT JUDICIAL NOTICE of
that citation, and conclude (incorrectly) that you
have "elected" to be treated AS IF you are subject
to federal municipal statutes (like all federal
citizens).
The UCC's section numbers move around anyway.
1-207 just recently moved (1-308 now, I believe).
Do this instead:
REFUSED FOR CAUSE WITHOUT DISHONOR
(but be sure to explain your "cause(s)" somewhere/somehow)
e.g.
REFUSED FOR CAUSE: violates 31 U.S.C. 333
(on U.S. Mail you are tired of getting from the
IRS, because they have failed to exhibit a
liability statute for IRC subtitle A)
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You'll note that, due to pressure from the
intense litigation we and others have been doing,
IRS has removed "Department of the Treasury"
from some of their envelopes; BUT ...
that heading is still found on their
letterhead.
So, if you feel you MUST open their mail
(for reasons that you must decide for yourself)
then, do so in order to confirm that their paperwork
does say "Department of the Treasury" somewhere;
then, put their paperwork back into the
original envelope it came in, re-seal it e.g. with
scotch tape, ANNOTATE IT, and then put it back
into the U.S. Mail.
You can buy these neat letter openers
which have a little razor edge in them:
this allows you to open one edge of the
envelope without leaving a ragged edge;
then, you can tape it shut without making
it obvious that you have opened it with
that little razor edge.
If the Post Office gets upset with this action
on your part, then pay the return postage,
and add "All Rights Reserved" somewhere on
the envelope you are refusing.
Ask for the 37 cent stamps with the American flag;
a flag upside-down is a really powerful statement!
Call it CHEAP INSURANCE when you do that reservation
properly.
"All Rights Reserved" is the standard
commercial practice for expressly
reserving all your Rights, formerly
codified at federal UCC 1-207 (now UCC 1-308).
You'll see this standard used in movie credits and
on book title pages. In fact, IT'S EVERYWHERE!
--------------------------------------------------------------
Question: unless the IRS sent a USPS certified return receipt letter
to you why bother returning it? "They" cannot "prove" delivery, nor your
receipt. Correct?
There is a rule in federal practice: after formal service of the
SUMMONS and Initial COMPLAINT are perfected, all subsequent pleadings
and notices can be served via first class U.S. Mail.
If they send first class U.S. Mail, and you keep it, the IRS
legal position is that you have accepted it.
So, for this reason alone, it is important that one REFUSE the
mail FOR CAUSE, and to itemize cause(s) CONSPICUOUSLY with the refusal.
Then, the annotated envelope becomes material evidence. If they
try to argue that you received and ACCEPTED their mail, you counter
by saying you did NOT accept it; you REFUSED it! Then, the envelope
should get placed into evidence at that point in the testimony.
Also, the REFUSAL gives notice to the USPS that there is something
seriously unacceptable about the envelope and/or its contents.
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