Tax Judges, 11-07-14 Treasury’s Commission team sent (by U.S. Postal Roads) me a signed letter dated 11-07-14 claiming I breached some contract they supposedly have with me - for being “late”. Under stuff they made up (called tax codes), this clan of Treasury Staffers divines the power to exact a double penalty/liquidated damage number for my supposed breach of contract, verbatim: Penalty - $315.90 – IRC 6651 (a)(2), illegal - in violation of Cal. Civil Code 1671. Penalty - $473.85 – IRC 6651, void - in violation of “common law” - liquidated damages. Beasley v. Wells Fargo Bank, 235 Cal. App. 3d 1389 (1991). Michael’s Monopoly Michael B. Thornton Michael B. Thornton (born Mississippi, 1954) is a judge of the United States Tax Court. The Change: pennies, nickles, dimes - all of it, times three: In House, Wells - JP Morgan, This issue is resolved by Bondanza v. Peninsula Hospital & Medical Center, supra, 23 Cal. 3d 260. In that case, the Supreme Court held that a hospitals assessment of collection agency fees against patients, based on their contractual promise to pay a reasonable collection expense, was impermissible under Garrett. Focusing on the restriction of compensation to actual damages when a liquidated damages provision is void, the court explained that there may be no relationship whatever between the charge assessed against the patient and the actual expense required to collect an account. (Id., at p. 267, italics added.) For example, the obligation might be mostly or fully paid shortly after assignment to the collection agency and before the collection agency has expended any significant effort to collect the debt. (Ibid.) Without this necessary relationship to the actual cost of collection, the fees were not compensable, even though the hospital had actually paid them. (Id., at p. 268.) The court rejected the notion that the fees were justified by the need to reimburse the collection agency for expenses incurred in pursuing uncollectible accounts, concluding that the patients whose accounts were collected cannot lawfully be required to guarantee the economic well-being of the agency. (Id., at pp. 268-269.) The reasoning of Bondanza is dispositive here. If, to paraphrase the Bondanza opinion, the amount of a collection agency fee may have no relationship to the actual expense required to collect a late balance, the fee does not necessarily represent Wells Fargos actual damages resulting from [the borrowers] default within the meaning of the Garrett standard (9 Cal. 3d at p. 741), even though the bank actually paid the fees. Only the actual expenses of collection (which the bank did not demonstrate) were compensable. Beasley v. Wells Fargo Bank (1991): ... The Stock come up, not included - that means all CPA gigs, every second they spend and charge for doing SEC filing smack - every penny ever taken, times three; it is not insurable and there is no defense. All CPA firms owe all, thats right: Treble damages, in law, is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. Treble simply means triple in British English. The phrase treble damages survived the change from treble to triple in American English. Treble damages are a multiple of, and not an addition to, actual damages. Thus, where a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300. Some statutes mandate awards of treble damages for all violations. Examples of statutes with mandatory treble damages provisions are the Clayton Antitrust Act and RICO. Some statutes allow for an award of treble damages only if there is a showing that the violation was willful. For example, up to three times the amount found or assessed may be awarded by a court in the United States for willful patent infringement. The idea behind the creation of such damages is that they will encourage citizens to sue for violations that are harmful to society in general. en.wikipedia.org/wiki/Government_debt
Posted on: Tue, 18 Nov 2014 06:28:50 +0000
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