A company, incorporated in Alaska, falsely stated that I made x dollars of "wages" (statutorily defined in IRC Section 3104) I in fact, made $0 in "wages" (as defined in the relevant law), I informed the company, and the company has refused to cease its misrepresentation to the IRS. Therefore, the company has knowingly published a false statement about me--to my damage both monetarily (they have given away a large quantity of my money to a third party) and to my reputation. Depending upon the laws available in Alaska, "conversion" or "civil theft" could be involved as well. The company's defense, which is an absolute defense in libel, is "truth" -- but they have to prove their defense, which means not that they have to prove that they paid me x dollars of money (they, in fact, did pay me x dollars of money), but that they paid me x dollars of "wages as defined...." (the reporting requirement for a W-2). I am not contesting that they wrongly asserted a payment of money -- I am contesting the characterization that funds paid to me were reportable "wages," subject to withholding and taxation (and painting me in the false light of a "taxpayer" or, worse, a "tax defier", both are terms statutorily defined). Citations below are just FYI:
The evidence that I can submit to prove my own case (that the company's statement is false and damaged me) is my IRS Form 4852, and a sworn affidavit concerning all the elements that go into it: I am not an "employee", they are not my "employer", etc., demand letters I have sent to the payer, and my paper trail showing that the IRS refused to give me my money (overpayments) in reliance on the company's false representations. The paralegal, who reviewed my tax returns prior to my filing them (to ensure that nothing on my return fit the Treasury Secretary's published list of "frivolous" items) who recommended that I seek out a libel attorney (not a tax attorney, because she has plenty with whom she works), mentioned the following when I told her that I expected a libel/defamation attorney to get hung up thinking 'tax attorney' when he hears me mention the IRS, instead of listening carefully and dealing with the libel part of the issue:
Okay, well given that this site can't recommend attorneys, the three web sources you provided for finding an attorney should be a good start. But , suppose I want to start this case pro se, what is the first step? Does it sound like a good basis for a case? The damages are that I am having to do without about $70,000 that the IRS is refusing/delaying to give to me because they are relying on false testimony. The remedy would be for the company to submit corrected W2s reporting my "wages" as they truly are, zero. The 2nd best remedy would be for the company to give me my $70k that they gave away to the IRS under an erroneous understanding. Do I simply write a complaint to the court with an order for the judge and wait for a response from the respondent and that initiates the process of litigation?
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thank you for the excellent information. One last part: the company didn't think the information was false when they reported it, and still today, they refuse to accept that their information is false (primarily, because they have not invested the effort to see the difference between "money they paid me" and "wages as defined in Sections 3104 and 3121 of the IRC", requirements for filing a W2). They almost certainly have libeled in ignorance; however, they have refused my requests for correction, assuming that they acted correctly. Does their ignorance of their error in publishing a damaging falsehood against me in any way diminish my case? And furthermore, if I were to end up losing, am I at risk to owe legal fees to a bunch of high-priced corporate attorneys who will be defending the 30,000+ worker corporation against which I will be filing the complaint? Thank you very much.
If I can establish willfull ignorance on the payer's part by the paper trail of demand letters I have given them, should I be covered? Nolo only lists two essential elements in libel cases under defamation: (1) defendant published defamatory statement and (2) other people were exposed to it. It would seem to me that the burden of proving their statements were true would rest on the defendent, who may have 'recklessly' published a defamatory statement and exposed it to others? Also, the payer was never my "employer", per the relevant statutory definitions. You've given me a great start. I am ready to rate you excellent. I look foward to coming back to this site for future questions. Have a great afternoon!
Hi Paul M.,You might be interested to know that if the IRS tries to garnish your earnings, they can only do it if you actually work for the federal government and receive 'wages' or 'income' as pay for your work. They very misleadingly leave this statutory requirement out of the Form 688-W and partial quotation from relevant law in the notification that they send to private-sector companies in their theft attempts.For more information, see what a couple of US Congressmen have had to say about this at the bottom of this page: http://www.losthorizons.com/comment/archives/ASorryButInstructiveLittleSubterfuge.htm Brian
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