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letter to send your congressman or women about IRS abuse

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    Dear Congressman ______________ I regret having to write to you again to explain that the IRS harasses me through a steady stream of money demands lack
    Message 1 of 7 , Dec 22, 2008

      Dear Congressman ______________

      I regret having to write to you again to
      explain that the IRS harasses me through a steady stream of money demands lack evidential support by the IRS, and to
      ask you to make the IRS stop harassing me .

      Apparently, your lack of substantive response to my petitions for redress derives from your lack of sufficient funding.  Therefore, in lieu of issuing a Freedom of Information Act Request, I ask that you furnish me with a copy of your annual budget.  Please,  clearly identify the sources of all funds. I need that accounting to verify whether you use tax payer financed property to aid and abet a scheme of extortion, such as the IRS harassment mentioned above.. Such a scheme warrants your removal from office and your prosecution.  Alternately, you can do your duty to assist me in requiring the IRS to cease and desist harassing me. 

      I wish now to verify your competence as a Congressman and your fidelity to your presumed oath to uphold the Constitution, and to bolster your advocacy on my behalf in denunciation of the IRS’s continuing pattern of harassing me:

      1. Has Congress revoked, suspended, or repealed administrative due process as a means for tax payers to get a determination of their tax bills?

      a..  I have requested a collection due process hearing for the years in question but have heard nothing regarding my requests for a “CDPH” for well over a year.
      b.  I have requested a verified assessment (a certificate of assessment signed under penalties of perjury by a duly constituted Assessment Officer) for the years in question, and received none from the IRS.
      c.  If administrative due process has not been revoked, suspended, or repealed, then please do your duty to secure the commitment of the IRS to  leave me alone until I have exhausted my administrative due process rights regarding the determination and possible re-determination of my tax bill.

      2. Some of the papers that I receive from the IRS threaten a levy; however, the only authority that I have found for an IRS levy is at 26 U.S.C. § 6331.  Please review or have your legal advisor review 26 U.S.C. § 6331 which appears only to apply to those employed by the Federal Government and those contracting with the Federal Government.  Since 26 U.S.C. § 6331 appears only to apply to those employed by the Federal Government or those contracting with the Federal Government, what statute authorizes the IRS  to levy me, a person engaged in harmless labor in the private sector?  If you are unable to find any statutory authority for the IRS to levy those in the private sector, please explain why sending me a notice of intent to levy does not rise to a level of felony extortion, to wit:

      26 U.S.C. Sec. 7214. Offenses by officers and employees of the United States

      (a) Unlawful acts of revenue officers or agents
      Any officer or employee of the United States acting in connection with any revenue law of the United States -
      (1) who is guilty of any extortion or willful oppression under color of law; or (2) who knowingly demands other or greater sums than are authorized by law, or receives any fee, compensation, or reward, except as by law prescribed, for the performance of any duty; or(3) who with intent to defeat the application of any provision of this title fails to perform any of the duties of his office or employment; or (4) who conspires or colludes with any other person to defraud the United States; or (5) who knowingly makes opportunity for any person to defraud the United States; or
      (6) who does or omits to do any act with intent to enable any other person to defraud the United States; or (7) who makes or signs any fraudulent entry in any book, or makes or signs any fraudulent certificate, return, or statement;
      or(8) who, having knowledge or information of the violation of any revenue law by any person, or of fraud committed by any person against the United States under any revenue law, fails to report, in writing, such knowledge or information to the Secretary; or (9) who demands, or accepts, or attempts to collect, directly or indirectly as payment or gift, or otherwise, any sum of money or other thing of value for the compromise, adjustment, or settlement of any charge or complaint for any violation or alleged violation of law, except as expressly authorized by law so to do; shall be dismissed from office or discharged from employment and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both.  The court may in its discretion award out of the fine so imposed an amount, not in excess of one-half thereof, for the use of the informer, if any, who shall be ascertained by the judgment of the court.  The court also shall render judgment against the said officer or employee for the amount of damages sustained in favor of the party injured, to be collected by execution.

      3.   Some of the papers that I receive from the IRS notify me of a lien; however, when I check with the Secretary of State of __________as well as the property records in the County where I own property, I cannot find any liens filed to the favor of the United States Treasury obliging me to pay a specific unpaid assessment.  Does not a notice of lien have in choate nature, legally inoperable to impose a foreclosed lien?  Must not the IRS follow this procedure in order lawfully to foreclose a lien?
      a.  the Tax Division of the United States Department of Justice files a complaint against the tax payer in the Federal District Court where the tax payer is domiciled;
      b.  the court consequent to a lawful trial reduces the tax payer’s assessment or assessments to judgment;
      c.  the IRS files a lien, supported by an abstract of the judgment, into the county records where the tax payer owns property.
      Pursuant to this request, please furnish me with a certified copy of any and all judgment  liens against me in favor of the United States Treasury. If you cannot do so, please explain why sending me a notice of lien does not rise to a level of felony extortion as articulated above.

      4. Please explain why every single time the IRS sends me a record relating to my tax identification number does not lack trustworthiness and thereby violate
       26 U.S.C. Sec. 7214(a) because:
      a,  the GAO audit of the IRS reported to Congress in 1996 verified that the IRS had
       no trustworthy records;
      b.  another audit released in 2008 that in 2008 the IRS still has no trustworthy records;

      c,  IRS records technically constitute business records which inherently constitute hearsay unless introduced by and through the person who actually kept the record or supervised the keeping of the record at or near the time of recordation of the original record kept in the normal course of the business, commission, or agency.

      5. The Internal Revenue Manual (IRM) requires the IRS to exhaust administrative remedies prior to collection activity meaning that the IRS must notify the tax payer of a deficiency via a statutory notice of deficiency. Therefore, please furnish me with a certified copy of a statutory notice of deficiency sent to me.  Also, if you cannot procure such a document, please clearly mark, not the statute which authorizes the production of such a notice, but the statute, clearly identified on the notice, which makes me subject to and liable for a tax.  If you cannot procure a certified notice of deficiency sent to me and/or cannot cite, from the notice of deficiency that a specific statute makes me subject to and liable for a tax, please explain why sending me anything in the nature of an attempt to collect a tax bill does not thereby violate  26 U.S.C. Sec. 7214(a).

      6. I believe that the Federal Income Tax system constitutes a voluntary system of assessment and payment, to wit: The existence of the power of the federal government to levy is essential to our self-assessment tax system in that it encourages voluntary  compliance with the tax laws and furthers the collection of taxes described in Bull v. United States, 295 U.S. 247, 79 L. Ed. 1421, 55 S. Ct. 695 (1935), as "the life-blood of government, and their prompt and certain availability an imperious need."  NOTE: Please do misconstrue this statement to the effect that I  believe that the payment of Federal Income Tax is voluntary – I don’t believe that payment of income taxes is voluntary.  My research reveals that the following statutes and sections of code are required for a person, in the private sector, to assess themselves regarding their income taxes due:
      Laws and Regulations for Self-Assessment       
      26 CFR  301.6203-1
      26 CFR 1.48-2
      26 CFR 1.65.1
      26 CFR 1.863-1
      26 CFR 1.863-3
      26 CFR 1.863-4
      26 CFR 301.6203-1
      26 U.S.C.A. § 301.6203-1
      26 USC 1
      26 USC 482
          26 USC 58
      26 USC 6203
      26 USC 631
      26 USC 861
      26 USC 862
      26 USC 863
      26 USC 871
      26 USC 882
      26 USC 901
      26 USC 904
          26 USC 905
      26 USC 925
      26 USC 935
      26 USC 936
      26 USC 941
      26 USC 952
      26 USC 953
      26 USC 957
      26 USC 994
      26 USC 999

      If your research reveals that the above list ought to contain additional statutes and sections of code, please cite them to me.  Please  inform me which, if any, of the statutes or sections of code listed above Congress or the Department of Treasury has repealed.  I have, for the years in question, used the above and foregoing statutes and sections of code.  I have determined from them and my activities that I do not have sufficient taxable income to warrant the filing of a return for the years in question,.  Therefore, please inform me why the IRS efforts for over a year to prevent me from showing a tax examiner my calculations, and repeatedly demanding that I pay an unverified  tax bill, do not rise to a violation of 26 U.S.C. § 7214(a).

      7. The law requires all federal employees except the President of the United States to take an oath to uphold the Constitution of the United States and to maintain a copy of the oath for public inspection at their place of service or court,   However, the following officials typically do NOT have a copy of the oath documents available for public inspection:
      a.  judges
      b.  prosecutors
      c.  United States Department of Justice Tax Division attorneys
      d.  IRS agents

      That makes me believe none of them swore an oath to uphold the Constitution for the United States, or they just want to flout the law.  Please explain to me why their failure to make their loyalty oaths available for my inspection does not warrant termination of their employment.  Also, please procure a certified copy of the oath to uphold the Constitution for the Commissioner of Internal Revenue Service and for each and every agent who has communicated to me as indicated on the attached exhibits.

      8. To the best of my knowledge, my duty to the United States can only arise under statute or contract. I do not function as a government contractor.  What other theory in law imposes upon me extra-statutory duties to my country?.  I wish to attend vigilantly to any such duties to my country.  Article I of the Constitution specifies that only Congress can make federal laws imposing duties on private persons.  Therefore, please contact the Commissioner of the Internal Revenue Service on my behalf, refer to the attached copy of a paper that I received from the IRS, and require of the Commissioner which of the following taxing statutes apply to me:

      26 U.S.C. §§ Sections Imposing Excise Tax Upon Activities                           

      PLEASE NOTE: if the Commissioner cannot identify which of the above and foregoing statutes or alternately a statute not on the list applies to me, please explain why the IRS sending me anything can impose a duty on me and why the communication does not violate 26 U.S.C. § 7214(a).

      SPECIAL NOTE: If you fail or refuse to respond fully to this request for information, please explain why I do not have de facto evidence that you have committed the crime of aiding and abetting various persons purporting to represent the Federal Government in their violation of  26 U.S.C. § 7214(a),  to wit:

      Accessory after the fact Whoever, knowing that an offense against the United States has  been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or  punishment, is an accessory after the fact. Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.

      VERY SPECIAL NOTE: If you do your duty to comply with this request for information, please send me only material responsive to this request for information.  Specifically, do not send me IRS propaganda such as “Why You Have to Pay Taxes.” I expressly object to IRS, DOJ, and other government employees referring to United States Statutes, United States Code, and arguments that rely upon those laws as “frivolous tax protester arguments.”  Please tell me why the government should not terminate and prosecute all such employees as a terrorists whose behavior fits the definition of
      “Terrorism” in the Patriot Act of 1996, to wit:

      Section 802 Definition of Domestic Terrorism
      (a)(5) the term 'domestic terrorism' means activities that-
          (A) involve acts dangerous to human life# that are a violation of the criminal laws of the United States or of any State;
          (B) appear to be intended
              (i) to intimidate or coerce a civilian population
              (ii) to influence the policy of a government by intimidation or coercion;. . . .

      FURTHER SPECIAL NOTICE: If you send me any materials which do not have an OMB number, I shall contemplate filing a tax payer fraud lawsuit naming you and others similarly situated for using government property to reproduce IRS propaganda intended to effect domestic terrorism.

      Thanking you in advance for showing fidelity to your presumed oath to uphold the Constitution.  Please make the IRS stop harassing me, please answer my questions, and please send me the requested information.

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