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deprived of life, liberty, or property, without due process of law.” Our precedents establish the
general rule that individuals must receive notice and an opportunity to be heard before the
Government deprives them of property. See United States v. $3,850, 461 U.S. 555, 562, n. 12, 103
S.Ct. 1983, 1995, 32 L.Ed2d 556 (1972); Sniadach v. Family Finance Corp. Of Bay View, 395 U.S.
337, 342, 89 S.Ct. 1820, 1823, 23 L.Ed2d 349 (1969) (Harian, J. Concurring); Mullane v. Central
Hanover Bank & Trust Co., 339 U.S. 306, 313, 70 S.Ct. 652, 656, 94 L.Ed 865 (1950).
12. In James Daniel Good the Government argued that the provisions of one amendment to the
Constitution could be used t
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individual. Its purpose, more particularly, is to protect his use and possession of property
from arbitrary encroachment to minimize substantively unfair or mistaken deprivations of
property . . .” Fuentes v. Shevin, 407 U.S. at 80 - 81, 92 S.Ct. At 1994 - 1995.
14. Since the service (IRS) circumvented the court of competent jurisdiction there is no judicial
determination of any kind that the owner of the property in question did, in fact, owe a tax. At this
time Defendant, name, sumits to the court documents, Exhibits thru. As
the court and opposing counsel can clearly see based upon the Government’s own records Name
did not owe a tax and to this very day does not owe a tax. It is the opinion of these Defendants that
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Court disagreed and rightly so.
13. In order for the IRS to perfect its lien there is a requirement pursuant to 28 USC § 2463 that the
court and not the service (IRS) holds custody to the property and therefore may only be conveyed,
disposed of etc. by court order or decree. In this instant action since the court (District Court for the
United States) was never served, the actions of the service (IRS) are merely ex parte. In James
Daniel Good Supra Pg 500- 501 we read:
[3] The right to prior notice and a hearing is central to the Constitution’s command of due
process. “The purpose of this requirement is not only to ensure abstract fair
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