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robcsnm — Fri, 12 Jun 2009 21:55:00 CDT

Announcements

6/12/2009
Welcome newcomers.

12/21/2008
In our bi-weekly meeting we are listing our skills. It may be hard to take inventory of all of your abilities. This chart will help you identify some that you may have missed. Please visit this page and check off the items that reflect your skills. You will be able to add this to your profile which will be helpful to others from here on out.

Purpose of this Site

Freedom is a desire in all human beings. Everyone wants to be free financially, politically, spiritually, etc. When freedom is absent or in danger of being lost people band together to free or protect themselves. Freedom in this country is in great danger of being lost. This site is designed to assist in that process of determining what we can do about that.

About Wetpaint

This Wetpaint site is much more than a discussion board. This site is a collaborative effort to produce an action plan in light of what we learn. Think of this site as a live meeting not dependent upon time and space. At this site we are seeking to explain the core problems we face and consider workable solutions to those problems.

This site's strengths are...

ability to organize and keep organized as we grow
ability to inform each other instantly about what each of us is doing
ability to easily and effortlessly adapt to our needs
ability to show others of like mind what we are doing

This site is not hard to use. Spend 5 minutes looking at the various options on this page. Soon you will discover that contributing is no harder than sending email. Many help files within Wetpaint exist to explain more.

Every person who is a lover of mankind and liberty is welcome.

How to begin:

Start by clicking on the applying to be a writer button on the right side of this screen to gain the rights to contribute.
Then, work your way through the Welcome section. I’ve tried to create a mindset that makes it fun and desirable to get involved.
Then move on to the first questions of Phase 1. Follow the directions there to record your answers.
If you have other ideas, leave comments along the way in the comments section or visit the Agenda page and post your ideas there.

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Family Limited Partnership

robcsnm — Tue, 12 May 2009 06:13:40 CDT

On 12/18/2007 a presentation given on Family Limited Partnership.

You may want to google Family Limited Partnerships.

What follows are some gleanings from such search to give better understanding of what Family Limited Partnership is.

Definitions

clipped from business-law.freeadvice.com



What protection is available through a family limited partnership?

A Family Limited Partnership ("FLP") is a limited partnership that is formed to manage and control jointly-owned family property. All the requisites of a limited partnership must be followed in order to have a valid FLP. Upon formation, the assets of the family are assigned or transferred into the FLP for ownership, management and control. In most FLP's, the parents are the general partners with a 1% interest, while the children and siblings share the remainder as limited partners. Thus the parents' exposure to risk of loss of property held by the FLP is greatly reduced. Even if a charging order is obtained by a creditor, the partnership can limit distributions (for legitimate purposes) to reduce exposure. An FLP also can have a dramatic effect on gift and estate taxes. By transferring assets to a FLP, general partners can use valuation discounts to lower values. With lower valuations, the amount of tax imposed can be substantially reduced.

clipped from www.investopedia.com

A type of partnership designed to centralize family business or investment accounts. FLPs pool together a family's assets into one singlefamily-owned business partnership that family members own shares of. FLPs are frequently used as an estate tax minimization strategy, as shares in the FLP can be transferred between generations, at lower taxation rates than would be applied to the partnership's holdings.
An FLP is differentfroma conventional trust, as family members actually own a share in a business. Shares can be gifted to family members over years, thus taking advantage of gift tax exemptions on an annual basis. The assets held in an FLP impact the level of estate tax savings that can be realized by using an FLP. In general, the more illiquid and complex the asset mix, the more difficult the FLP is to evaluate, and the larger the potential for estate tax savings.

clipped from www.referenceforbusiness.com

FAMILY LIMITED PARTNERSHIP

Family limited partnerships (sometimes known as FLPs) are an increasingly popular succession planning alternative utilized by owners of family businesses who want to pass the establishment on to their children without being hit by heavy federal taxes. Neil Alexander, writing in Best's Review, described the family limited partnership as "a legal agreement that allows business owners and their children to address several tax, business-succession, and estate-planning needs all at once. This vehicle allows parents to gift assets to their children at highly discounted rates while still maintaining lifetime control of those assets. In addition, eventual estate taxes are reduced by virtue of reducing the total estate." This reduced taxation, said Nation's Business contributor Marsha Bertrand, "has propelled family limited partnerships to the forefront of estate-planning techniques."

ESTATE PLANNING IN THE FAMILY-OWNED BUSINESS

When considered in the context of family-owned businesses, estate planning is basically the practice of transferring ownership of the family business to the next generation. Families must plan to minimize their tax burden at the time of the owner's death so that the resources can stay within the company and the family. The complexity of American tax law, however, makes it necessary for most estate planning to be undertaken with the assistance of professionals in the realms of accounting and law.
Since estate planning is such a vital element of long-term family business strategies, consultants encourage business owners to establish an estate plan as soon as their enterprise becomes successful, and to make sure that they update it as necessary as business or family circumstances change. A variety of options are available that can help a business owner defer or otherwise minimize the transfer taxes associated with handing down a family business. A marital deduction trust, for example, passes property along to a surviving spouse in the event of the owner's death, and no taxes are owed until the spouse dies. It is also possible to pay the estate taxes associated with the transfer of a family business on an installment basis, so that no taxes are owed for five years and the remainder are paid in annual installments over a ten-year period. As of 2000, the U.S. Congress began considering ways to reduce or eliminate the estate tax. Until then, however, business owners continue to seek ways to exclude some or all of their assets from estate taxes, such as the family limited partnership.

ADVANTAGES OF FAMILY LIMITED PARTNERSHIPS

The primary purpose of family limited partnerships is to blunt the impact of estate taxes. "Estate taxes can hit family businesses hard because the full value of a parent's business can be included in the parent's estate when he or she dies," explained Joan Szabo in Entrepreneur. "Estate tax is one of the highest taxes levied on individuals. The first $675,000 of a person's estate is exempt from federal estate tax, but amounts above the exempt portion are subject to a graduated tax ranging from 37 percent to a whopping 55 percent." One way to dampen the impact of this tax, noted Szabo, is to make use of an IRS rule that allows individuals to make annual gifts of up to $10,000 ($20,000 if joined by your spouse) to other individuals without incurring gift taxes. The other way to elude the full brunt of this tax is via an FLP.
A basic family limited partnership operates in fairly simple fashion. "Under a typical family limited partnership," wrote Bertrand, "the parents (or a single parent) retain a general partnership interest in the property—as little as 1 percent—and give limited partnership interests to their children over a number of years. The general partners retain complete control over the assets in the partnership, and no management authority is given to the limited partner or partners."
In the most basic terms, a family limited partnership allows the business to be transferred to the next generation at considerably less than its value. This reduces the size of the estate and thus the amount of federal taxes owed. Indeed, observers indicate that these discounts can amount to as much as 50 percent of a business's value. The discounted valuation occurs because the shares cannot be easily sold or otherwise transferred and because such partnership interests do not carry any voting rights or control in the business in question. "Since the gifted shares are discounted, the partnership pays lower gift taxes on those shares," explained Alexander. "For example, if a $15,000 limited partnership share is appraised at $7,500, the parents can transfer that share to a child plus $2,500 worth of something else that year and still stay within their $10,000 annual exclusion. Second, this reevaluation also applies to the shares the parents continue to hold. Third, because the parents are transferring shares out of their estate, they're reducing the value of the estate for tax purposes."

OTHER CONSIDERATIONS

Many estate planners and business consultants encourage their clients to look into FLPs, but they do note that family business owners should weigh some other non-tax factors as well. These include:
TIMING OF THE FORMATION OF THE LIMITED PARTNERSHIPEstate planners and business consultants warn that the Internal Revenue Service will not necessarily approve a family limited partnership if it is transparently obvious that the step has been taken simply to skirt paying taxes. Family business owners who attempt to institute an FLP a few weeks before their death from some foreseeable illness will likely find their efforts blocked.
DIVORCEIn most instances, a child's ownership of limited partnership shares will not be impacted by a divorce action between that child and his or her spouse, but business owners seeking to ensure protection for their child can take a couple steps to provide additional insurance. Writing in Best's Review, Neil Alexander explained that since limited partners (children) receive their shares as a gift and are not permitted to vote or "otherwise exercise any authority in the partnership," the child's shares will not be considered part of the marital assets. Instead, they will remain the sole and separate property of the child. The key, say legal experts, is to make sure that the shares were never formally made part of the marital property. In addition, Alexander wrote that "in the event that a spouse can persuade a court that the family limited partnership shares are marital assets, the general partners can still exercise their option not to distribute income to their limited partners. In that situation, the limited partners assume the tax liability without receiving the income—a situation known as phantom income. It is a good idea to communicate to the in-law at the time the family partnership is established that it is the separate property of the recipient of the gifted shares. This will avoid any future misunderstanding if the marriage ends in divorce."
EXPENSE OF SETTING UP AN FLPEstablishing a family limited partnership can be somewhat expensive, although the price tag depends in large part on the size of the company, the value of its assets, the number of intended minority owners, and other factors.
COMPATABILITY WITH BUSINESSAccording to Bertrand, the FLP plan is better suited to some businesses than others. "It's effective for real estate or companies in which capital assets are the essence of the business, but it isn't suited to personal-services companies whose income depends on the activity of the owner, such as consulting firms," she said.
FUNDING THROUGH LIFE INSURANCEWriting in the Journal of the American Society of CLU & ChFC, James Allen and Thomas Bilello pointed out that family limited partnerships can also be funded through life insurance policies. According to Allen and Bilello, even though life insurance has traditionally been used to fund irrevocable life insurance trusts, they can fund FLPs as well.
INCREASED RISK OF IRS AUDITSAlthough family limited partnerships can be very valuable, and their use is increasing, accountants and estate planning attorneys do caution family business owners that using FLPs to transfer ownership of a company does tend to draw the attention of the IRS, which pays particular attention to whether the owners are deemed to have tried to take too great a discount on the value of the business in question. To minimize the risk of an IRS audit, estate planners urge family business owners to have the business appraised by an experienced, respected professional who can provide a solid valuation. For information on securing the services of an established appraiser, contact the American Society of Appraisers.
DISSATISFACTION AMONG MINORITY OWNERS Ironically, some family businesses find that FLPs actually spark difficulties between parents and their children, despite the formidable savings that such a plan can provide and the ultimate aim—succession—of the partnership. This is certainly not always the case; many families put together family limited partnerships that garner significant tax savings without a ripple of internal dissension or dissatisfaction. But it is a factor that can crop up, depending on the personalities and financial situations of the persons involved. Writing in Agency Sales Magazine, Leon Danco contended that the financial restraints imposed on minority owners in FLPs—who, after all, do not receive actual salaries from the family business—are usually the cause of this ill will: "Because of the tax laws and the fact that the growing business needs all of the pretax cash it can get its hands on, there are seldom, if ever, any dividends. Because there is no 'market' for a minority share in such a business, the poor minority owner can't even sell his or her shares to convert them into some kind of useable wealth…. This situation is almost guaranteed to encourage the minority owners to see their own self-interest in harassing the management, criticizing decisions, lobbying for dividends, opposing corporate investments, and generally fomenting trouble."
NEED FOR PROFESSIONAL GUIDANCEEstablishing a family limited partnership is a complex estate-planning strategy festooned with regulations. Subsequently, business owners are strongly encouraged to secure qualified legal and/or accounting help in setting up such plans.

clipped from www.reish.com

Are Family Limited Partnerships Still Viable Estate Planning Tools?

By David Schwartz and Michael Luftman

Problem: The family limited partnership (FLP) is a popular estate and wealth planning technique that may substantially reduce the tax cost of transferring assets to or for the benefit of family members and later generations. However, recent court cases have made it clear that FLPs must be properly set up and managed, and clients need to be more vigilant than ever in how their FLPs are administered. Translation: a person cannot simply set up an FLP and then forget about it, or use the FLP as his or her personal bank account. Otherwise, under Internal Revenue Code Section 2036(a)(1), the value of assets transferred to the FLP (rather than the discounted value of the interest in the FLP) will likely be included in the transferor’s estate for estate tax purposes, and the costs of creating and administering the FLP prior to the transferor’s death, as well as any discounted gifts of FLP interests for the purpose of satisfying the transferor’s annual exclusion gifts, will have been wasted.
In addition to the operations of FLPs, the Tax Court has challenged the extent of the transferor’s ability as general partner to control the beneficial interests in the FLP. Specifically, the Tax Court has suggested that, where the transferor retains control over distributions of FLP income, without significant restraints or oversight, it is possible that the assets transferred to the FLP will be included in the transferor’s estate under Section 2036(a)(2).
Solution: Recent cases provide a roadmap of how an FLP should be set up and maintained to ensure, to the extent possible, that it will be respected and its benefits allowed. The solution can be divided into two categories: FLP operations and FLP management. FLP Operations. In order to avoid inclusion in the transferor’s estate under Section 2036(a)(1), individuals who already have or are considering creating an FLP should follow this list of “do’s” and “don’ts”:

DO establish valid, non-tax reasons for creating the FLP, such as liability protection, creditor protection and unified management of assets.

DO keep accurate books and records reflecting the FLP’s operations and make sure that all actions are taken in the name of the FLP.

DO ensure that assets transferred to the FLP are retitled in the name of the FLP (e.g., deeds to real property and title to securities).

DO comply with the FLP agreement, including amending the agreement to reflect changes in circumstances.

DO establish and maintain separate FLP bank and other accounts and make sure all FLP receipts and disbursements flow through them. Any cash generated by assets transferred to the FLP, such as rents, dividends or interest, should be deposited into the FLP account and managed according to the FLP agreement. The transferor’s personal bills should not be paid from the FLP account and the transferor’s other assets should not be commingled with FLP assets.

DON’T transfer assets that the transferor will continue to use personally, such as his or her residence.

DON’T contribute all or substantially all of the transferor’s assets to the FLP.

DON’T make distributions from the FLP unless they are made pro-rata to all partners (or otherwise in accordance with the terms of the FLP agreement).

DON’T liquidate the FLP until well after any estate or gift tax audit period ends.

FLP Management. It is not clear from the recent cases how much control the transferor is entitled to assert over the FLP assets before the IRS will claim that the transferor has too much control for purposes of Section 2036(a)(2). However, the Tax Court has suggested that the presence of the following “favorable” factors might cause the transferor to avoid inclusion of the FLP assets in his or her estate:

If there are unrelated owners with greater than a de minimis interest in the FLP, the general partner will have a fiduciary duty that should be a sufficient constraint on the right to control distributions.

If other owners have made substantial contributions to the entity, whether or not related to the transferor, the “bona fide sale exception” should apply.

If the transferor does not have control over distributions, Section 2036(a)(2) should not apply.

The transferor’s status as a limited partner should avoid application of Section 2036(a)(2), as long as there is no evidence of an implied agreement that the transferor will continue to control the FLP distributions.

If the transferor makes significant gifts of interests in the FLP to family members, a court might find that the fiduciary duty of the transferor, as general partner, is a sufficient to avoid inclusion of the FLP assets in the transferor’s estate.

Benefit: The courts have applied a balancing test to weight how many of the “do’s” have been complied with relative to the “don’ts,” which have been breached, to determine whether the FLP should be included in the transferor’s estate. Clearly, the more “do’s” and the less “don’ts,” the greater the likelihood that the FLP assets will not be included in the transferor’s estate.

The FLP is not likely to have many of the management characteristics described above that are arguably necessary to avoid application of Section 2036(a)(2). In most situations, there will not be unrelated owners, and the transferor will typically insist on being general partner. These factors could be dangerous from a Section 2036(a)(2) perspective. Since it is unclear how the court or IRS will act with respect to each distinct set of circumstances, anyone who currently has an FLP, or anyone considering setting up an FLP, should have his or her situation reviewed, because it is a different world than it has been in the last few years. © 2003 Reish Luftman & Reicher. All rights reserved. The Business Advisor Report is published as a general informational source. Articles are general in nature and are not intended to constitute legal advice in any particular matter. Transmission of this report does not create an attorney-client relationship. Reish Luftman & Reicher does not warrant and is not responsible for errors or omissions in the content of this report.

B. Who Are You?

robcsnm — Sun, 21 Dec 2008 09:26:06 CST

A table of skills will be place here when it is compiled.
Currently compiling the list as of 12/21/2008.

Food-RC

robcsnm — Tue, 09 Dec 2008 06:16:15 CST

There is no abstract available for this page revision.

Money-RC

robcsnm — Tue, 09 Dec 2008 06:15:59 CST

Prepare a talk on

What the perceived problem is
What can be done about it
What I will do about it

Take Cover - RC

robcsnm — Tue, 09 Dec 2008 06:13:42 CST

Take Cover

What does it mean?

It means moving out of harms way.
It means preparing oneself to be a resource and not one in need.
Think of Noah's Ark. Noah prepared in advance for coming disaster. He took cover.

Hebrews 11:7 By faith Noah, being warned by God about things not yet seen, in reverence prepared an ark for the salvation of his household, by which he condemned the world, and became an heir of the righteousness which is according to faith.

What will I do?

Common sense instructs me in response to what I perceive the impending threat to be.
My nature has been to put off doing what is important.
To overcome this I have been working on a top ten list of things to do to prepare. I have asked a couple of men to help me get these things done. We meet weekly for accountability.
To have these things done will replace worry with bring peace and confidence in both my life and my family's.

Top Ten List

Money
Food
Communication
Health
Energy
Education
Training
Self-defense
Spiritual Fitness
Other

I'll create a separate page to deal with each of these in more detail.

Take Cover Plans

robcsnm — Tue, 09 Dec 2008 06:02:26 CST

In Proverbs 22:3 it says,

" The prudent sees the evil and hides himself, but the naive go on, and are punished for it."

What does it mean to hide oneself? Or, as in another translation, what does it mean to take cover?

Create your own page to discuss what this means to you and what you are doing about it.
For organizational purposes, call the page "Take Cover - YourInitials"

Inform and Educate

robcsnm — Tue, 09 Dec 2008 05:24:34 CST

Robert Coss on 1/26/2007

I'll state what I say the problem is and then my solution. First I'll deal with the problem as it regards the people and then as it regards the government.

Regarding The People

Problem: We are living in war and losing
Solution: We have to act like it

Problem: We don’t see that we are in war
Solution: We need to nudge people around us and tell them.

Problem: We are not equipped to handle the exploitation
Solution: We need to find and use available services to help us

Problem: We don’t know what our civic responsibilities are
Solution: We need to begin learning them and do them

Problem: Those that do see the problem have no plan to unite us quickly enough to save our country
Solution: We need to duplicate our efforts and train others to do the same.

The Government

Problem: Government no longer listens to the people.
Solution: Ultimate responsibility falls upon us the people. Be the change you want to see.

Problem: Government no longer abides by the rule of law.
Solution: Be law abiding, lift up the law, and hold others accountable to it.

Problem: The People no longer hold government accountable.
Solution: First, hold them accountable yourself as much as you can and then enlist others to do the same. Teach others to do the same.

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B. A Camp

robcsnm — Mon, 01 Dec 2008 09:07:30 CST

First, I want you to know that you are free to take whatever you find here that could be of use to you. Freely we have received; freely we give.

You are invited to look around this camp. Explore the navigation menu over to the left.

You are always welcome here. Your current obligations on the homeland may not allow you to get away right now; we understand. Our hope is that you return when time allows. Better yet, keep in touch with us; write us and let us know how you are doing and how things are going for you. You will see threats and abuses of liberty on the homeland that concern us all and you would be helping us by keeping us informed. In return, sign up for our monthly newsletter. This way we can keep you updated on our progress here as well.

On the other hand, now may be a perfect time for you to join us. You may be wondering what you can do to help stem the tide of tyranny we all have seen in recent years. Joining us is something you can do. Your concern and help is greatly needed. The amazing nature of Plymouth Rock is that it transcends time and space. That means it is only a mouse click away and whenever you participate it is never to late or to early; it is always right on time. It will be as if you are in a live meeting that fits perfectly around your busy schedule.

All of us at Plymouth Rock firmly believe that the safest and surest way to secure political freedom is through the People. On a new continent 200 years ago Thomas Jefferson once said,

"Educate and inform the whole mass of the people... They are the only sure reliance for the preservation of our liberty."

It is our desire at this camp to educate and inform the whole mass of people. This concept may be a little vague to you at this point, but it is our hope you will settle in and learn more. We believe you have a wealth of ideas, abilities, and resources that would go a long way in preserving liberty for all. We want you to use these in the most effective ways starting first in this world and then as soon as possible, bringing them back to the homeland were they are so badly needed.

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A. A Continent

robcsnm — Mon, 01 Dec 2008 08:43:01 CST

To use the Internet to its potential requires a paradigm shift on your part. To help you do that, imagine the Internet in your mind as an unsettled continent. You are familiar with the North American Continent, the European Continent, the African Continent, and so on. Now imagine one more continent out in space called the Cyber-Space. If you do this, you will begin to grasp what it is that stands before you.

I want you to look upon the Internet the way the Pilgrims looked upon the New World. I want you to see the Internet as a land of plenty, filled with dormant opportunities and untapped resources. I want you to look upon it as a safe harbor where you can assemble with others and think freely. I want you to be able to step away from your problems, reflect upon them, put your mind together with others to solve those problems while understanding what vast resources lie at your disposal to help do that. I want you to think and feel like the first settlers did when they took their first steps out of their boats and began exploring this vast world before them.

The first place I want you to go after getting out of your boat is to the safety of our camp (called Plymouth Rock) which is settled in the seclusion of the forest. Earlier, we traveled to this continent, explored it, and establish a base camp in preparation for your arrival. Now we are inviting you to join us. Here at this camp you will be able to put your feet on the ground. Here at this camp you will become familiar with this new world and begin to see how it can benefit you. We will teach you and show you around.

As this camp grows and becomes more active, my expectation is that with your help and the help of others who will come after you we can turn this camp into a vibrant active town that will benefit us all beyond our wildest imagination. As each person finds his role and contributes, we all benefit and derive much more than we could ever do on our own.

As the threats to our liberties mount back on the homeland it is my expectation that others will join us here. As the population grows, we can turn towns into cities and as cities increase in number we can make a nation of people united, prepared, educated, and able to defend liberty by pushing back tyranny as easily as light dispels the darkness.

This is the ultimate purpose of this project – to preserve our liberty and to secure the rights to life, liberty, and the pursuit of happiness of our own and of our children.

I hope that gives you a better idea of what the Internet is. We have a great opportunity before us if we but use it.

For a word about this camp click next.

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I. Welcome

robcsnm — Mon, 01 Dec 2008 08:11:30 CST

In this section I’ve tried to create a mindset that makes it fun and desirable to get involved.

Archimedes said,

“Give me a lever long enough and a fulcrum on which to place it, and I shall move the world.”

The Internet is a lever long enough. Our problems are vast, but this weapon is gargantuan.

Douglas Noel Adams saw this when he said,

"A computer terminal is not some clunky old television with a typewriter in front of it. It is an interface where the mind and body can connect with the universe and move bits of it about."

When the printing press came on the scene over 500 years ago it moved people one step closer to the truth; the result was revolution. Today, the Internet moves people two steps closer to the truth; the result again will not be short of revolution.

"The Web [Internet], as it stands today, has allowed global interpersonal exchange on a scale unprecedented in human history. People separated by vast distances, or even large amounts of time, can use the Web to exchange — or even mutually develop — their most intimate and extensive thoughts…Emotional experiences, political ideas, cultural customs, musical idioms, business advice, artwork, photographs, literature, can all be shared and disseminated digitally with less individual investment than ever before in human history."*

I welcome you to this Revolutionary World and look forward to your contribution!

The average person has a hard time grasping just how amazing and powerful the Internet really is. To help you grasp it, please click next.

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Track 07

robcsnm — Thu, 06 Mar 2008 18:00:17 CST

Track 07 approximately 30 minutes from this site. The documents that are referenced to in the audio are found here.

The difference between mandamus and advice: In a Republic, what ever rules are created by vote or legislature, these rules are advisories. In a Democracy, they are mandatory.
The meaning of words is also determined by the context it is found.

Track 08

robcsnm — Thu, 06 Mar 2008 17:59:35 CST

Track 08 approximately 30 minutes from this site. The documents that are referenced to in the audio are found here.

Getting around your sovereignty

How does the current system get around you being sovereign?
The arraignment process: When charged with violating a section of the code they will give you options you are to select from, i.e. guilty, not guilty, or no contest. But you do not even agree with the code; all their options put you in a position of agreeing with the code – a position you may not want.
Faretta waver form – Faretta – “7. your right to represent yourself may be ended…”
“Do you now wish the court to permit you to represent yourself as your own attorney?”
If you accept, you are in their jurisdiction. They have overcome your sovereignty.
Civil case is different. There is no specific agreement to let the judge do the judging. But beware: By your actions you enter into the contract.
We have been trained to let judge be authority, but it is your court.
Always object to the penal jurisdiction. You want that court of record where you are in control.

(5:00) What is a law suite?
To be continued.

Track 06

robcsnm — Thu, 06 Mar 2008 17:57:08 CST

Track 06 approximately 30 minutes from this site. The documents that are referenced to in the audio are found here.

Trial before “peers”

Is this two separate jurisdictions if you are “one of the people”? Probably.
Supposedly a case was dismissed because no peers were found (in San Diego).

Sovereignty

California: Government Code (explains how public employees how government works) – Section 100 – Sovereignty lies with the people.

“The people of this state do not yield their sovereignty to the agencies that serve them.”

Google of this phrase.

Why Common Law? If you are sovereign, you can make up any system of law. Common Law is just one system. The Constitution says the United States will enforce Common Law to protect you.

Article III Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

California Government Code, Section 11120

Repealed? Not likely

I could find no mention of repeal of this through the following searches.

Plaintiff is the boss

When you issue an order they do not always obey it.
You then take it to a higher court than theirs.
Example. If you hire an employee through an employment agency and that employee is worthy of being fired, you can’t fire him because he has a contract with the employment agency. You have to go to the employment agency and either get them to shape up the person, get another person, or the contract is over.
In the above example the State is the employment agency. If the judge did not obey your order you complain by going to the Appellate Court – the judge’s boss so to say.

Mandamus

1879 the citizens of the United States voted on the 1879 Constitution was never accepted by Congress, but we live under it today. Contradicts Wikipedia.

In my research I came across some interesting info on TONA.

Track 05

robcsnm — Thu, 06 Mar 2008 17:56:53 CST

Track 05 approximately 30 minutes from this site. The documents that are referenced to in the audio are found here.

Sovereignty

Mindset: I am “one of the People” in the Constitution.
Maintain a clear distinction. Use “People” not “Citizens”
We are the owners of the “system”. Citizens are wards of the State. The State is ward of the People.
See 14th Amendment.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Tip: if you do not want to argue a point, do not bring it up.

Question about fighting the IRS

(18:15) About the IRS Code
Claim: it is not law. (http://www.1215.org/lawnotes/lawnotes/irc7806.htm)

Defense: Look at what the code says about itself.

TITLE 26, UNITED STATES CODE SERVICE. Section 7806. Construction of Title.
(b) Arrangement and classification. No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of this title, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this title be given any legal effect. The preceding sentence also applies to the sidenotes and ancillary tables contained in the various prints of this Act before its enactment into law.

What is being said is this - Just because this Code was passed does not mean it is to be taken as law.
“legislative construction” means law. No inference – you cannot interpret this to mean law. No implication – we are not suggesting this to be law. No presumption – this is not law.
About Juries: 1 jury member represents statistically 1/12 of the population. Therefore if 1/12 disagree (1 jury member) then we have to respect that.

Track 04

robcsnm — Thu, 06 Mar 2008 17:53:40 CST

Track 04 approximately 30 minutes from this site. The documents that are referenced to in the audio are found here.

People or Citizen, which are you?

The Constitution says, “We the people…”
People established the Constitution without giving up there own power.

Which Constitution is the right Constitution?

Pick your battles.

My Note: Go to the people, live among them, Learn from them, love them. Start with what they know, Build on what they have. ~ Chinese poem

Constitution created by the people.

We the People of the United States, in Order to form a more perfect Union…do ordain and establish this Constitution for the United States of America.

Ordain – made the law
Established – write it on paper

The US is a public trust or corporation. It has all the elements:

Trust-or – the people
Venue – people of United States
Purpose – preamble
Beneficiaries – to ourselves and our posterity
Enabling action – ordain it and establish it
What is it – the Constitution
Trustee – the United States

The government doesn’t have the responsibility of protecting individuals, but in protecting us generally.

The courts have said,

"The people of this State, as the successors of its former sovereigns, are entitled to all the rights which formerly belonged to the King by his prerogative." (from Lansing v. Smith (1829), 4 Wend. 9 (N.Y.))

This quote was found at the following places with discussion of interest.
http://peoplescounsel.orgfree.com/KY/98CR00120/Not_evade_sov112398.htm
http://www.progovernment.com/pr01.htm

Your rights are self defining.

America – the great experiment in self-government.

Republic vs. Democracy

http://www.1215.org/lawnotes/lawnotes/repvsdem.htm

Democracy. That form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy. [NOTE: In a pure democracy, 51% beats 49%. In other words, the minority has no rights. The minority only has those privileges granted by the dictatorship of the majority.]

Track 03

robcsnm — Thu, 06 Mar 2008 17:53:26 CST

Track 03 approximately 30 minutes from this site. The documents that are referenced to in the audio are found here.

Be Instructed by Reason

"Wise men are instructed by reason; men of less understanding, by experience; the most ignorant, by necessity; the beasts, by nature." -- Marcus Tullius Cicero

Difficult to find cases to defend your sovereign point of view. You have to reason to these positions.
Priorities: Common Law -> Constitution ->
There are not examples for everything you do.

Language of the Court

We are not taught this language, but need to know it. Use dictionaries.
Know what the meaning is in the court.
Words mean things: citizen, one of the people, resident, domicile, etc.

Track 02

robcsnm — Thu, 06 Mar 2008 17:53:10 CST

Track 02 approximately 30 minutes from this site. The documents that are referenced to in the audio are found here.

Review

If anything happens in the courtroom you do not like, you say, “I object.”
If asked why say, “It is not my wish.”
If overruled, you say, “Your honor, for the record, that is my wish.”
this is what

How to deal with the judge in court (continued)

Demand to be released from the jurisdiction.

Important that you make the demand because the judge now knows he may be breaking the law.

Side Note: Make your enemy love you. Be a good person. Do not make enemies. Develop good social relationships. Do not be afraid to lose a battle to win the war.

IRS Tax Court (14:29)

The IRS Tax Court is your court.
You are the Plaintiff the IRS is the Defense. You’ve made the charge.
Remember the definition of “Court” and “Court of Record”. You are sovereign.
You state this in the paperwork. “I am one of the people, of this [jurisdiction]…”

Example

Example of law suit where one decrees law in court.

Establish authority
State Cause of Actions – state what was done
The Law of the Case – you say what the law is.
The Plaintiff decrees what the law is. The Defendant and his attorneys may site contradictory code, but they cannot decree what law is. Only the Plaintiff (sovereign) can.

NOTE: Difference between Habeas Corpus and Counter Claim is you do not ask for damages since you do not claim injury in Habeas Corpus. Claiming injury in Habeas Corpus is to admit the other party has jurisdiction over you. You can use Habeas Corpus to find the injured party. What you need to do is point out their lack of jurisdiction. Ask them, “Where is the injured party?”

Track 01

robcsnm — Thu, 06 Mar 2008 17:52:53 CST

Track 01 approximately 30 minutes from this site. The documents that are referenced to in the audio are found here.

Your plan is to win your case before entering the courtroom. Therefore, there is really no reason for you to talk in court.

How to deal with the judge in court

All prior paperwork should win you case

You say what you are going to say and do what you are going to do on paper before you enter court.
The reason you are in court is so that the court may ask you questions on what you meant.
When you file a Motion that is your trial. You state the case in your Points of Authority (your brief) what you have to say.

In the Courtroom

If anything happens in the courtroom you do not like… You say, “I object.” If asked why say, “It is not my wish.” A wish is a command. The king’s wish is the subject’s command. This is a tradition that goes back a thousand years.
You are sovereign. You need say no more. It is not the place of the subjects to challenge the sovereign.
If the judge asks what you wish – state what you wish.
If the judge doesn’t understand what you are doing he may overrule you. If overruled, you say, “Your honor, for the record, that is my wish.” Be sure it is noted in the record. Note it yourself. Take all the time you need to take good notes. You will need these after court. No one can push you to take bad notes.
Nothing more need to be said. You have established your sovereign objection to what is going on.
Limit: You do not have the guns. You cannot take control of the judge; he can take control of you. Do not argue.

After the courtroom

Words in the air mean nothing; these things must be written down.
You check the record to see if it is complete.
You type up all the things you objected to.
If you find the record was not properly kept, you file an Affidavit of Facts adding to the record what you saw and heard. Ideally you have two others who can submit affidavits also recording what they saw and heard as well. You issue your bomb shell orders that cancel out what the judge did. The weight of the record is what WINS.
Then you issue the orders to reverse what the judge did.
That is it.

Q & A

You said the judge is you subject, but People have no subjects?

You want to be the Plaintiff. If you are Defendant, convert yourself to being the Plaintiff by filing a Counter Claim or Habeas Corpus.
The Counter Claim must absolutely be based upon challenging the jurisdiction.
When you do this, everything they are attempting to do to you must stop until they prove they have jurisdiction.

When you file a Counter Claim do you ask for money?

The point of filing a Counter Claim is that you have been injured by them taking jurisdiction when they should not have.
If you have been injured, (example – loss of money and time) then you ask for remuneration for actual damages.
It may be unclear what the proper procedures are in filing a Counter Claim, but go along with the system they have as long as you retain your rights.

What if you have no oral hearing?

When you file your papers (make your motion) you must have Affidavit of Facts and Points of Authority (also called a Brief (your hearing)).
Your PAPERWORK is what wins your case.

What is the Court of Record?

Check the web site for Court of Record.

…a court of record is a court which must meet the following
criteria:
1. generally has a seal
2. power to fine or imprison for contempt
3. keeps a record of the proceedings
4. proceeding according to the common law (not statutes or codes)
5. the tribunal is independent of the magistrate (judge)

Of interest at that web site is the Court of Chancery. I looked up Court of Chancery. The Law Dictionary states,

“The decisions rendered there were based on conscience and fairness rather than on the strict common-law forms of action. In the United States, courts like the old chancery have been called courts of chancery or courts of equity.” As seen at Answers.com

What do you do when government violates you rights

The truth is you have no rights. The purpose of the Constitution is to keep government surrounded by an invisible fence. So you do not plead that the government “violated your rights” because there is nothing in the Constitution that says they can’t violate your rights. Instead, you claim they exceeded their jurisdiction.
To do that, you must first become the plaintiff.
Then, the primary claim you make is that they exceeded their jurisdiction. You may have other claims to add to that.
And this caused you injury (example – the loss of your rights).
And they owe you for those damages.
This is what you challenge and claim.

If you already have a court case in process can you become the Plaintiff?

Make Counter Claim as soon as possible – as soon as you know there are charges.
You can always make a Habeas Corpus, but do a Common Law Habeas Corpus.
Habeas Corpus by Motion – done in their court almost always gets denied.
Common Law Habeas Corpus – a Constitution based Habeas Corpus. Here you are in your sovereign capacity. The question then becomes, “By what authority do they presume to rebel against the country?”
They will take the information they have against you to a Grand Jury. The Grand Jury will produce an Indictment. That takes it out of the hands of the government and puts it into the hands of the people.
Who sits on the Grand Jury – people or citizens?

People or Citizen, which are you?

People own the government
Government own citizens

Disc 10 - Q & A

robcsnm — Thu, 24 Jan 2008 11:24:20 CST

What is the best way to make this entire process duplicatable?

What is duplicatable?
Capture pages
Sales letter
The system is to the leaders in your program, but not the average person.

What does it take to capture a person’s eye?

Be different
Test to find the best
Be in line with your reader
Be professional

Where can I get web work done?

Gateway magic
http://scriptlance.com/
You cannot afford to do all the work yourself

What if you already have a site where do you have your capture page point to?

Assuming you have multiple products to offer.
Most MLM are not designed to work with sales. They also place restrictions on how you can market their products.
Suggestion: Create a capture page, then Thank You page, then a Form asking for more information or a phone call.
Your goal is to move up to be an authority in that person’s world.
MLM Traffic Formula is a system to create leads.
You can use open ended questions to create the need for a call to them. Example – What kind of arthritis pain relief are you taking. (get to know them.) Then call the person and take the order over the phone.
Identify what your prospect’s need is and work from there.

How do you find the right partners for Joint Ventures?

Start with an offer that works. It has to have value.
Becoming a Joint Venture partner doesn’t start by asking to partner up. You must show that you have value first. Do something of value for the other person.
Network with other people to find people.

Purchase a list of names to get started?

Do not mail out to a list that is unqualified. This is spam.
If you buy a list that is within your group legitimate list, this is different.

How do you come up with the content for a long series of emails for auto-responders?

When people ask questions that is fuel for writing.
Ask questions to lead to next set of content.
This work can ultimately turn into a book over time.
Tip: Launch the campaign now and keep writing. IF you promise a 52 week course and cannot make it, get it next week.

What is the most important skill for this MLM Traffic Formula

Copywriting is most important. Spend an hour a day, make changes as you go along.
Become a split tester on your ads. You need that information.

Where do you look for publishers CPA and CPM networks and how do you get started with them?

Digitalmoses.com – will have people interested in doing CPA & CPM.
Any reputable CPA person will have numbers showing how good and will have done a CPM deal.
Check the MLM Traffic Formula Forum for more information.

Do forums help get your page to the top of search engines like blogs, press releases, and articles?

It depends on the forum. Some have script blocking back linking url.
Otherwise it doesn’t hurt as long as you stay on subject and could be helpful.

How to run co-op?

If you have the skill to run AdWords and get leads and they have money
Then you’ll probably get more leads that one or two people can handle, so think about selling them to your down line.
Let the one with the money direct where the leads will go.
Do the right thing.

How do you survey your market before you have a web site?

Go to forums that are on topic.
Go to bookstores and read feedback on books.
Gatewaymagic.com can help. Look for a link in your tools.
Look at competitors and check their affiliate programs. Join them and track the success.
Track the results of ebay complete auctions.
www.Primopdf.com will convert word to pdf (ebook).

Is Gatewaymagic a gateway site or can you create full web site there?

Survey market research tool.
It customizes marketing based on input from prospect.

Is sending prospects away to affiliate sites, doesn’t that give them to someone else?

The MLM Traffic Formula builds relationship. Your competitor most likely is not doing this.
Sending them away initially is for you to be building a better product for them based on split-testing etc.

Where is a good site to create press releases?

Google Press release services
http://prweb.com/

Plymouth Rock - Recently Updated Pages

Home

Announcements

Purpose of this Site

About Wetpaint

How to begin:

Family Limited Partnership

Definitions

FAMILY LIMITED PARTNERSHIP

ESTATE PLANNING IN THE FAMILY-OWNED BUSINESS

ADVANTAGES OF FAMILY LIMITED PARTNERSHIPS

OTHER CONSIDERATIONS

Are Family Limited Partnerships Still Viable Estate Planning Tools?

B. Who Are You?

Food-RC

Money-RC

Take Cover - RC

Take Cover

What does it mean?

What will I do?

Top Ten List

Take Cover Plans

Inform and Educate

Robert Coss on 1/26/2007

B. A Camp

A. A Continent

I. Welcome

Track 07

Track 08

Getting around your sovereignty

Track 06

Trial before “peers”

Sovereignty

Repealed? Not likely

Plaintiff is the boss

Track 05

Sovereignty

Question about fighting the IRS

Track 04

People or Citizen, which are you?

Which Constitution is the right Constitution?

Republic vs. Democracy

Track 03

Be Instructed by Reason

Language of the Court

Track 02

Review

If anything happens in the courtroom you do not like, you say, “I object.”

If asked why say, “It is not my wish.”

If overruled, you say, “Your honor, for the record, that is my wish.”

How to deal with the judge in court (continued)

Demand to be released from the jurisdiction.

IRS Tax Court (14:29)

Example

Track 01

How to deal with the judge in court

All prior paperwork should win you case

In the Courtroom

After the courtroom

Q & A

You said the judge is you subject, but People have no subjects?

When you file a Counter Claim do you ask for money?

What if you have no oral hearing?

What is the Court of Record?

What do you do when government violates you rights

If you already have a court case in process can you become the Plaintiff?

People or Citizen, which are you?

Disc 10 - Q & A

What is the best way to make this entire process duplicatable?

What does it take to capture a person’s eye?

Where can I get web work done?

What if you already have a site where do you have your capture page point to?

How do you find the right partners for Joint Ventures?

Purchase a list of names to get started?

How do you come up with the content for a long series of emails for auto-responders?

What is the most important skill for this MLM Traffic Formula

Where do you look for publishers CPA and CPM networks and how do you get started with them?

Do forums help get your page to the top of search engines like blogs, press releases, and articles?

How to run co-op?

How do you survey your market before you have a web site?