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Re: James needs help with the IRS

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  • tthor.geo
    I THINK [don t know, but suspect] that the only place to go after Tax Court is Court of Federal Claims [or MAYbe the Court of Internatinal Trade] You would
    Message 1 of 6 , Mar 7, 2009
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      I THINK [don't know, but suspect] that the only place to go after Tax Court is Court of Federal Claims [or MAYbe the Court of Internatinal Trade] You would claim as damages all the money IRS has cost you and time wasted in trying to comply. [I have NOT done this.]

      A FOIA Request for the Transcript of the CPD Hearing is also a fun idea.

      "John H." <otoman@...> wrote:
      >
      > In short, at this point, in my humble opinion, your best bet is to petition the tax court requesting that the court make a decision as to whether the return that you filed was in fact "frivolous" or not.
      >
      > Before hand, perform your due diligence regarding "frivolous" tax returns. Make up another return(s) for the same year(s) knowing beforehand that they are definitely not "frivolous." One CtC warrior went to court when the IRS claimed the return as frivolous and won. This return was posted on the CtC site.
      >
      > If the judge finds your previous return(s) as frivolous, then give the judge the newly made returns and ask him if they are valid. If he says yes, then present the original to the DOJ in front of the judge. Have a copy for yourself. I MUST ADMIT, I am not familiar with court procedure and this tactic may not work as stated. BUT, if you can get the judge to look at the newly made returns and he claims them valid, you are home free. I cannot remember the particular statute but it says something like this. 'If the "taxpayer" presents evidence during a hearing then that evidence lays the burden of proof back onto the government.'
      >
      > My concern is that you bargained with the DOJ. This may give them reason to think that you did not believe your original amounts were as stated. This is prima facie evidence of willfulness. YOU CANNOT backpedal and compromise with the IRS or DOJ after you start something like this. Either get out now, or stick to your guns and take it all the way.
      >
      > Also, you have no access no U.S. District court until you go through tax court and they find against you. Tax court is part of exhausting your administrative remedies to gain access to District.
      >
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