Re: letters from government making demands
- C & CA --
I am truly sorry to say this, but you might be out your $4000.
The IRS agent is correct that the last address known to the Post Office is not the concern of the IRS. The IRS Re-Structuring Act of 1998 allows the IRS to presume its records are accurate. This means the IRS agent involved in legal action (which included liens and levies) does not have to contact the local Post Office to check on any address changes. Even worse, you can inform the IRS many times of your new address and the records may not get updated. Ever. Some of the many BENEFITS our wonderful Congress gave us in the Act of 1998, which it DISHONESTLY claimed was an attempt to make the IRS more user-friendly.
And the IRS will almost always file tax returns for those who do not themselves file. It usually takes the IRS about 22 months to get it done. The process involves at least one "internal hearing" and often two, and at least one agent hot to impress someone. The process results in a "Substitute for Return" and is signified in the IMF as "SFR 150" but it includes a series of documents, often as many as 80 or more pages, in order to get it done. The most important page in that file is the Form 13496 "Section 6020(b) Certification" wherein the agent swears that because of Delegation Order 182, he, that particular agent, has the authority to complete a return for you. If you check D.O. 182, you see that certain members of the IRS are indeed authorized to complete certain returns, but all the returns listed are business returns. And you will also find on further exploration that the particular agent who competed your return was not authorized by D.O. 182 or any other D.O. to complete any return at all. Still more research and you will find that no one in the IRS is authorized to complete any Form 1040 for anyone other than certain US Virgin Island residents.
So the entire levy process was illegal from the very root issue of no one had any authority to complete a return in your name in order to complete an assessment in your name in order to create a tax bill owed to the IRS in order to create a levy to collect that tax bill.
You will never be successful fighting the levy because it is the 4th step in a process that is totally LEGAL AS LONG AS THE FIRST STEP IS LEGAL. The only way to fight the levy is to start at the beginning.
If you correctly fight the Form 14396, the levy has to go away because without the Form 14396, the levy is a fraudulent and unwarranted confiscation of funds. This is fact that the IRS cannot challenge and it will have to refund the money WITH punitive damages (assuming the individual has done all this properly!)
The problem for you is that all this will take months and maybe more than a year. Plus it will be more complicated because you are outside the States. But it can be done, you can win it, and you can get a refund of your funds, plus possible damages.
Yours in financial freedom,
--- In email@example.com, "Clair" <clair.hochstetler@...> wrote:
> And here is our similar situation (actually my wife's.) We moved to Australia 16 months ago. I need counsel on where to find the number to FAX in my CDP Hearing request after searching various levy documents online for hours and not finding one, and the IRS Manager I called to get it from won't give it. He is trying to play hardball, saying that we are already past the CDP hearing phase and into Collections appeal phase already! Unbeknownst to us they already filed the taxes for 04 and 05 on behalf of my wife!
> But the very first we even knew about a levy or even any taxes owing or any correspondence for 04 and 05 was when we noticed a hold at the bank in the US and we finally got a copy from the bank they sent by regular post to us here in Australia.
> The IRS had been sending the letters to a VERY OLD address - Post office was no longer forwarding mail to us from that address anymore. We received the credit union's copy of its notice of Levy along with its letter after being in the mail for almost two weeks, getting here to where we live in Australia. The bank is going to send in over $4000 on THIS MONDAY which it has put a 21-day hold on the entire amount in a bank account back in the States.
> Not according to the statutes I cited but I need to find a way to fax it in within the next half day, and we really don't want to keep TALKING with them, but establishing a good paper trail - and fast!
> -C and C.A. in Canberra
> Despite the fact that the southern states had been functioning peacefullyCitizenship was sold to the gullible public as a benefit.
>for two years and had been counted to secure ratification of the Thirteenth
>Amendment, Congress passed the Reconstruction Act, which provided for the
>military occupation of 10 of the 11 southern states. It excluded Tennessee
>The 14th amd was not forced on us, it was forced on those people who
>embraced the idea of wanting to be citizens.
But in order for you to embrace it, you must be born in the United States,
which is an impossibility, and you must agree to be subject to their
You cannot be born in an artificial entity. You were born on the land, but
not the U.S., and what action did you take to make yourself subject to?
If you came here from a foreign country, you pledged to be a citizen and
renounced your previous citizenship, but not so with inhabitants.
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