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16449Re: "office of the Secretary?

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  • mn_chicago
    Oct 28, 2008
      --- In tips_and_tricks@yahoogroups.com, "BOB GREGORY" <rhgusn@...>

      > *Basically, yes, that is how it is treated in practice. The IRS,
      > DOJ and the courts ignore 4 USC 72,

      Do you have cases where a court refused to abide
      by 4 USC 72? There is an argument to be made that
      the courts MUST follow the statutes when demand is
      so made.



      As an added thought, while 4 USC 72 seems a potent
      argument, and where courts may ignore it, it has
      always been my position that wins against the IRS
      are best accomplished BEFORE going to court.

      This is done by making these kind of challenges in
      letter format to IRS agents, making them prove any
      and every assertion they make, from their very first
      contact. Of course, one always tells them that you
      are certainly willing to pay all lawful taxes the
      IRS can prove is due and owing.

      I have dropped off challenges to an IRS agent and
      the District Officer, personally, without ever
      getting a response. It does work.

      My favorite and first challenge is when they start
      out with "Dear Taxpayer..." I let them know thay
      are mistaken and demand proof that they can refer
      to me as a "taxpayer."


      There is also the matter of challenging the DOJ's
      ability to represent the IRS in court. I have not
      tested it, but there is an argument to be made there,
      as well.
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