Re: [tips_and_tricks] Fw: A Winner against IRS
- I have recieved information from another group that
did some research on this article, and it was shown
not to be true. The person who sent it out admitted it
to be wrong. There has been no victory here. Only
mis-information to confound those who are searching
for the truth.
Sorry, add this to the urban legends pile.
--- Daniel Quackenbush <dquack@...> wrote:
> Hi Tom, this was not a win! Read the article__________________________________________________
> closely; the title is highly misleading. Victoria
> Osborne *saying* that Evans is owed a complete
> refund is not a "victory" as the title misleadingly
> suggests. Evans has lost at every step in the
> courts. It will be a victory only if he actually
> receives his refund.
> ----- Original Message -----
> From: Tom Kearse
> To: email@example.com
> Sent: Sunday, March 30, 2003 7:08 AM
> Subject: [tips_and_tricks] Fw: A Winner against
> ----- Original Message -----
> To: Undisclosed-Recipient:;
> Sent: Friday, March 28, 2003 2:27 PM
> Subject: A Winner against IRS
> Ken Evans Gets Money from the IRS
> IRS MAKES 'TIME BARRED' ASSESSMENT -
> REQUIRED TO ISSUE TOTAL REFUND TO TAX HONESTY
> Kennett Square, Pennsylvania - After over two
> years of litigation, the IRS is required by law to
> refund approximately $13,000.00 to Tax Honesty
> Advocate and Libertarian activist, Ken Evans.
> "This is a huge victory," said Evans, "and
> demonstrates once again that the misapplication of
> the federal income tax is the single greatest
> financial fraud in world history."
> In the spring of 2000, Evans sent a letter to the
> IRS asking how much, if anything, he owed for the
> tax year 1999 and further asked for a refund of
> anything in excess of what the law said he owed. The
> IRS did not respond. Nine months later and in
> accordance with federal law, Evans filed a refund
> lawsuit in Federal District Court in an attempt to
> require the IRS to refund his money or provide
> evidence to the contrary.
> Shockingly, throughout the entire lawsuit, the
> Department of Justice, which represented the IRS,
> did not at any time make the argument that Evans
> actually owed income tax. The DOJ simply claimed
> that Evans was 'required to file a return.' However,
> in direct contradiction to the DOJ's position, an
> IRS Supervisor informed Mr. Evans on tape that he
> was not required to file an income tax return. This
> was later reinforced further by IRS internal
> computer documentation, which confirmed Evans' lack
> of a requirement to file a return.
> Yet, in June, 2001, the District Court dismissed
> Evans refund claim and stated in its opinion,
> "...this Court rejects all of Evans' arguments
> concerning his income tax liability for the 1999 tax
> So how much did the Court say that Evans owed?
> Well, the Court didn't actually say that Evans owed
> anything. In fact, the Court couldn't because the
> Department of Justice did not provide any evidence
> of Evans' liability.
> So, what now? Well, there are specific procedures
> that the IRS is required to follow in order to
> establish liability. In Evans' case, however, the
> IRS seems to have thrown those procedures out the
> "In my case, the evidence is so overwhelming that
> IRS and DOJ employees see the law more as a
> hindrance than as something they are required to
> obey," Evans comments, "Even though the statutes and
> regulations of federal law themselves do not say
> that I owe income tax, the IRS tried to illegally
> create a record of assessment, which is considered
> prima facie evidence of liability. These procedures,
> which the IRS has been engaging in for decades, are
> now being exposed for the fraudulent activity that
> they are. This is due, in part, to the IRS Reform
> and Restructuring Act of 1998. This act made public
> the internal codes that the IRS uses in the computer
> files that it keeps on Americans."
> Evans continues, "Every step of the way, the IRS
> has violated the law. In June of 2002, the IRS sent
> me a Notice of Deficiency in relation to 1999. This
> specific action was illegal because the IRS is
> required to provide me with an Appeals Conference
> prior to its issuance, yet they did not. They went
> so far as to lie about the reason that they denied
> the conference. But, their crowning fraudulent
> achievement was the recordation of a time barred
> assessment on November 18, 2002."
> The law requires the IRS to make assessments
> within specific time periods in order to be valid.
> Yet, in Evans' case, internal IRS documentation
> proves that an IRS agent illegally recorded a time
> barred assessment in Evans' computer file. Further,
> federal law requires the IRS to notify individuals
> of assessments within sixty days. But, the IRS has
> not yet sent Evans a 'Notice and Demand for
> Payment,' even though the assessment was recorded
> over one hundred days ago.
> "This doesn't surprise me in the slightest," said
> Evans, "The IRS will go to almost any length to hide
> this fraud. The only reason that I am even aware of
> the time barred assessment is because I contacted
> the IRS of my own volition and asked a random IRS
> employee for a printout of their computer file on
> me. The agent that made the assessment obviously
> didn't send me a Notice and Demand for Payment
> because he knows that the assessment is illegal."
> Victoria Osborne, a Forensic Accountant of TPI
> Associates (http://www.tpirsrelief.com) has
> confirmed that the IRS is required to issue a
> complete refund plus interest to Evans.
> For more information contact:
> Ken Evans
> 873 East Baltimore Pike - PMB 464
> Kennett Square, PA 19348
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