Henry-Dale Goltz,
Evangelina Goltz
7434 Tall Cedar
(210) 696-5123
____________________________________________________________________________________
IN THE 225th JUDICIAL DISTRICT
____________________________________________________________________________________
Henry-Dale Goltz and §
Evangelina Goltz, §
§ CAUSE NO. 2006 C I 13391
Plaintiffs, §
§
Vs. §
§
INTERNAL REVENUE SERVICE, and §
Vic Dietz (alias) IRS No. 74-20514, and § ORDER
TO SHOW CAUSE
C. Sherwood IRS No. 30-14-2226, and §
Susan A. Hansen IRS No. 30-03-2226 §
REVENUE AGENTS, §`
Defendants. §
______________________________________________________________________________
Plaintiffs,
Henry-Dale Goltz and Evangelina Goltz, such Plaintiffs living at
1. On or about July 11, 2005, July 14, 2005, October 4, 2005, December 9, 2005, December 14, 2005, January 26, 2006, July 3, 2006, and July 21, 2006 these Defendants issued or caused to be issued, and had recorded in the State of Texas, County of Bexar, Notices of Federal Tax Liens and/or Levies in the amount of US$89,371.42 as more fully reflected in “Exhibit A”, attached hereto and incorporated herein.
2. Defendants violated Texas Statutes Certifying Notices of Federal Tax Lien on Plaintiffs’ property and did further violate Title 26 of the United States Code (hereinafter referred to as “IRC”), including, but not limited to, IRC §§7403, 6323(f), and 6331, Title 28 §§ 3201, 3200, and the Uniform Federal Lien Registration Act, 80 Stat 1125, Chapter 176 – Federal Debt Collection Procedures Act, whereby Lien is made.
3. No Lien has been made in this instant case and the title to Plaintiffs’ property has been wrongfully clouded by the reckless and illegal actions of Revenue Agents of the U S Government (IRS).
4. THE FEDERAL GOVERNMENT HAS CEDED JURISDICITON ON THE FILING OF Federal Tax Liens to the State, per IRC §6323(f) and the Defendants have violated the State Statute controlling the recording of Federal Tax Liens.
5. Defendants, THE INTERNAL REVENUE
SERVICE and IRS Agents herein above named, have violated IRS § 7203 by not
bringing Lien action to the U. S. Attorney to prosecute an action in the U. S.
District Court. Instead, Defendants
overreached their authority by causing to have said Liens recorded in the State
of
6. Defendants have taken this action without delegated authority from the Secretary of the Treasury. Defendants are Revenue Agents and are required to be knowledgeable of the Internal Revenue Code and their job description; therefore they are presumed to be aware of the absolute fact that they are only authorized to work in Subtitle E taxes, and then only in an administrative capacity and not an enforcement capacity. Revenue agents do not possess an enforcement pocket commission, only an administrative one, and they have knowingly and blatantly exceeded their authority.
7. Plaintiffs charge that the Defendants engaged in violating Texas Statutes, Internal Revenue Code, the Uniform Federal Lien Registration Act, the Federal Tax Lien Act of 1966, Public Law 89-719, 80 Stat 1125.
8. Defendants are not authorized by the Internal Revenue Code to issue Liens or “Notices of Liens” masquerading as “Liens”, or any enforcement instruments and said Liens by law can only be issued and served by Officers of the BATF (i.e. Bureau of Alcohol, Tobacco and Firearms).
WHEREFORE, Plaintiffs demand that the Notices of Lien and/or Levy be vacated.
______________________________
Henry-Dale Goltz
State
of
)SS
On this ____ day of August, 2006, before me personally appeared Henry Goltz, known by me or proved to me by satisfactory evidence to be the man described in and who executed the foregoing “Certification of Plaintiff”, and he duly acknowledged to me that he executed the same as his voluntary act and deed.
___________________________
NOTARY PUBLIC
EXHIBIT “A”
|
Document Number |
Book Type |
Book No. |
Page No. |
Filed Date |
Instrument Type |
Instrument Date |
Consideration Amount |
Market Source |
|
20050154297 |
OPR |
11507 |
0690 |
07/11/2005 |
Fed. Tax Lien |
06/27/2005 |
US$ 15,693.83 |
Mailed |
|
20050158515 |
OPR |
11516 |
0580 |
07/14/2005 |
Fed. Tax Lien |
07/06/2005 |
US$ 4,540.25 |
Mailed |
|
20060173265 |
OPR |
12270 |
1525 |
07/21/2006 |
Fed. Tax Lien |
07/06/2006 |
US$ 500.00 |
Mailed |
|
20050228758 |
OPR |
11680 |
0248 |
10/04/2005 |
Fed. Tax Lien |
09/21/2005 |
US$ 19,476.64 |
Mailed |
|
20050287887 |
OPR |
11819 |
0362 |
12/09/2005 |
Fed. Tax Lien |
11/22/2005 |
US$ 34,422.07 |
Mailed |
|
20050291424 |
OPR |
11827 |
0314 |
12/14/2005 |
Fed. Tax Lien |
11/29/2005 |
US$ 500.00 |
Mailed |
|
20060019054 |
OPR |
11903 |
1426 |
01/26/2006 |
Fed. Tax Lien |
01/12/2006 |
US$ 13,738.63 |
Mailed |
|
20060156343 |
OPR |
12229 |
0151 |
07/03/2006 |
Fed. Tax Lien |
06/16/2006 |
US$ 500.00 |
Mailed |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
|
|
|
|
|
|
US$ 89,371.42 |
|