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When the
Taxman Freezes Your Bank Account
by Gary North, Ph.D.
The
following horror story is true. It's my story. If
this can happen to me, it can happen to you.
If this story will not persuade you to buy some
gold coins or to set up a gold storage account
outside the United States (www.goldmoney.com), I
don't know what will. Check the daily price of gold
here:
http://snipurl.com/goldcourse
If owning gold is more than you can handle, then
you need to consider an off-shore banking account.
I'll get to that at the end of this report.
A month ago, I was planning a morning flight out
of Memphis to Atlanta. I had a 6:15 flight. So, at
about 5 a.m., I went to my local bank. There, I
inserted my ATM debit card. I entered $100 to
withdraw. I got a note out of the machine,
"Insufficient Funds."
I was convinced that I had $500 in the account.
I use it for my monthly bills. I don't keep much
money in it because I worry about identity
theft.
I had a plane to catch, so I could not wait to
find out what was wrong. When I got to Atlanta, I
called my wife. I told her about the problem.
She looked into it. Here is what she found out.
A bank employee in the bank's Alabama operation had
frozen my account two weeks earlier. The bank had
not notified me of this freeze.
Why had she done it? Because she was ordered to
by a woman in the Texas Department of Revenue.
What had that to do with my account in
Mississippi? I had not been living in Texas since
1998.
My wife called the woman who ordered my bank
account frozen. She was told that she had not paid
taxes since 2003 on a solely owned corporation
operating in Texas. But she owed no taxes. That
corporation had ceased operating in Texas or
anywhere else.
A corporation is a legal entity. It is not a
proprietorship. Why had they frozen my account?
A month earlier, I had added my wife to the
account. Her name came up on a computer operated by
the woman in Texas. So, because of a corporate
account still on the books in Texas, my account in
Mississippi was frozen.
My wife had her accountant send a FAX to the
woman in Texas, telling her that the corporation no
longer operated in Texas. The woman then contacted
the woman in Alabama, who removed the freeze.
Then, the next day, someone in Alabama
re-imposed it.
My wife's accountant contacted the woman in
Texas. "Why did you put the freeze back on?" The
woman denied that she had. She blamed the office in
Alabama. "They must not have looked at the date on
the original freeze. They thought it was a new
freeze order."
Again, she contacted Alabama, and the second
freeze was removed.
In the meantime, every check I had written
bounced. I was then assessed bounced-check fees by
every one of them.
Understand how this worked:
1. My wife's corporation in Texas had not paid
taxes because it no longer operated in Texas.
2. It took two years for the Texas Department of
Revenue to assess the tax retroactively.
3. No one in that department contacted my wife
about the money owed.
4. My wife's name then appeared up on my
account.
5. The lady in the Department of Revenue spotted
this and ordered the bank office in Alabama to
freeze my account.
6. The bank sent me no warning, before or after
the freeze.
7. The account's funds were frozen until the
lady in Texas told the lady in Alabama to unfreeze
my account.
The lady in Texas told my wife that she freezes
accounts all day long. That is her job. Obviously,
she is very good at it.
As for the size of the tax said to be owed, she
refused to disclose to my wife's accountant on what
basis the tax was assessed.
She made it clear to my wife that no money had
been removed from my account.
My wife's name also appears on our joint account
in Arkansas. But the money in that account exceeded
the amount of the tax said to be owed. Thus, the
account could not be frozen.
The lady in Texas waited until a smaller account
with my wife's name on it appeared on her screen.
Thus, the freeze would shut down the account.
A frozen account guarantees that someone will
contact the lady in Texas.
Why no warnings -- from Texas or the bank?
Because this tactic will not work if the account
holder has the opportunity to withdraw the
funds.
So, here's the deal. A tax collecting bureaucrat
in Texas uses a data base to identify every bank
account in the country that has a person's name on
it. Irrespective of the legal separation of a
corporation from the assets of that corporation's
officers -- the so-called "veil of the corporation"
-- the tax collector can freeze any bank account in
any bank in the country. She just contacts a
low-level bank employee -- the freeze lady, I guess
-- to freeze an account, and on the bureaucrat's
word, the account is immediately frozen. The owner
of the account is not informed of the freeze until
the checks start bounding or the ATM reports
"Insufficient Funds."
Did you know this? My wife's accountant
didn't.
Conclusion
Set up a bank account in a foreign country. Make
sure that there is enough money in that account for
you to pay your bills for at least three months.
This gives you some leverage with the tax lady.
Here is my recommendation: set up a Canadian
bank account. It's easy. If you don't know where to
begin, click here:
http://snipurl.com/canadabanking
Inside the United States, bankers have quietly
agreed to cooperate with tax collectors in separate
jurisdictions. I am not sure if the political lever
was a branch bank in Texas. My local bank was
purchased by a regional bank last summer. I do know
this: from Texas to Alabama to Mississippi, the
word went down: freeze this bank account. It was
then frozen.
Your property is not secure. The fine points of
the law, such as corporate law, may not protect
you.
Dr.
Gary North earned a Ph.D. in history and is one of
America's keenest economic analysts and
commentators. He supports the Austrian school of
economics and is a previous assistant to
libertarian congressman Dr. Ron Paul. Visit his
website at http://garynorth.com.
To
subscribe to Gary North's Reality Check go to
http://www.dailyreckoning.com/sub/GetReality.cfm
If
you enjoyed this essay and would like to read more
of Gary's writing please visit his website at
http://www.garynorth.com
or http://www.freebooks.com
Because
The Radical Academy publishes essays and articles
on its website does not imply acceptance or
approval of the comments or opinions expressed by
the author of the material. Nor is the Academy
responsible for any misrepresentation of the facts
included. It is your job to be a critical
reader.
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