Court win against the Australian Tax Office (ATO) over alleged debt / Harrasement  by the ATO
Folowing is a very interesting article taken from ................

http://www.clrg.info/2011/03/court-win-against-the-australian-tax-office-ato-over-alleged-debt/

This letter from someone that has diligently followed the common law and constitutional process shows that when you act honourably and don’t argue, but stand firm in your convictions & follow the process – the results do come through.
Whilst it is possible to defeat the ATO as an individual, you need to do your research and know your facts and points of law. Also remove any property, money and assets out of your name BEFORE taking on the ATO because it’s known to steal first and let their victims waste their time, energy and money with court action later.

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The ATO has been alleging that since 2006, I have owed the ATO money. I did not argue and paid the alleged debt by setoff.

The ATO kept harassing me. The primary contact was with a Deputy Commissioner Raelene Vivian.

I informed Raelene that I would be more than pleased to discuss the allegations in court upon proof of claim

I was then harassed by debt collectors Dunn & Bradstreet. I produced documents to D & B showing that I had settled the matter by setoff.

I was then pursued by another Deputy Commissioner Paul Duffus – (Yes! that is his name).  

Paul Duffus then sent me a NOTICE that under law the ATO was going to take the money out of my bank account.

I wrote to the CEO of the Bank (CC: ATO) stating about 15 reasons why this was unlawful and if the bank complied with the ATO, I would also hold the bank and the CEO accountable.

Both the bank and the ATO did nothing.

Paul Duffus instigated a claim in the NSW Downing Centre court for about $4,500.00.

I sought costs. The court would not allow costs as I was self-represented. I again pressed the claim for costs. The court denied my claim saying I could pursue the ATO through a damages claim.

I replied that I did not wish to do this as I love my neighbour (brothers & sisters) and I wish them no harm. All I wanted was for the ATO to leave me alone. The court replied that I had certainly achieved this.

I then instigated a 3 step process (1) NOTICE OF OBJECTION and PROOF of Claim (2) NOTICE of Default, and (3) PRIVATE SETTLEMENT AND CLOSURE OF THE MATTER.  

The ATO continued to press the claim with me.

I put PAUL DUFFUS and the ATO of “NOTICE OF BULLYING & HARASSMENT’ I included PAUL DUFFUS, his heirs, assigns and successors.

PAUL DUFFUS was communicating to me from three different ATO addresses. I replied each time to each address via Express Mail so I could track and confirm delivery. It appeared to me that the ATO and Australia Post had conspired in this matter as Australia Post had ‘misplaced’ one Express Post letter. So I sent another letter by Registered Post and delivery was confirmed. 

In my reply to the court, I expressed that I wanted to remain honourable and not argue the ATO claim. I was prepared to pay the claim upon proof of the following:

(1) Proof of Claim.

(2) Proof that this claim has been not been settled by setoff.

(3) proof that this matter has not been privately settled and closed.

(4) Proof that paying tax is not voluntary – NOTE the ATO Charter states that paying tax is voluntary (5) proof that I have volunteered to pay tax. 

(6) Proof that the ATO does not comply with Australian Accounting Standards (AAS) – NOTE The ATO is on the Board of AAS for development of accounting standards. (need to confirm if this point is worded correctly as it seems the ATO would need to prove they DO comply with the AAS)

(7) proof that AAS 43 – Extinguishment of debt by setoff does not exist, and

(8) proof that the ATO is a legal entity lawfully promulgated in the GAZETTE – NOTE – The ATO was established in the early 1970′s and was NEVER gazetted.

On two occasions the ATO did not front up in court. The court stated that this was highly irregular as the ATO always appeared. The court checked three times for any communications from the ATO giving reasons for non-attendance and there was none. I stated to the court that the ATO were bastards and were harassing and bullying me. The court struck out the ATO claim.

Rating: 9.8/10 (22 votes cast)

Rating: +25 (from 27 votes)

Court win against the Australian Tax Office (ATO) over alleged debt, 9.8 out of 10 based on 22 ratings

This entry was posted on Friday, March 4th, 2011 at 2:43 am and is filed under Court Wins, Tax / ATO. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Nick Says:
March 18th, 2011 at 10:22 am Interesting response from the ATO in regard to this and the case documentation:
“As a long term tax officer I have seen a lot of these constitutional claims which don’t hold up under scrutiny including claims that the gst is non constitutional. Unfortunately these claims frequently miss the legal mark as they fail to recognise laws which receive royal assent. The intolerance expounded by the author of the “document”, which doesn’t constitute a legal document btw, combined with inconsistencies, language use & the fact that there were dubious appearing photocopies, non legally constituted/certified documents, legal case references full of slander & bias which don’t exist or would be unacceptable in a court of law – as would the “writers” claim he told the court that overturned the case that the ato were bastards & bullies … And that the court actually accepted this language… It doesn’t make sense & presents poorly. It’s attempting to misinterpret the vein of the language in the actual legal documents, tax acts & tax payers charter – by skipping part of a document or singling out words, paragraphs or subsections doesn’t make it’s any less legally binding … The whole document (if you can call it that) screams unreal & dubious. Voluntary compliance is explained in the act & there is reference to what it actually says on the “dodgy constitution website” – a lot of these claims have caused a lot of problems for a lot of people… So be very very careful.”

Rating: 5.0/5 (1 vote cast)