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verbiage for issues on appeal

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  • Cozdon@aol.com
    If 1040s were filed there may not be a defense. in the case of failure to file or with respect to the default judgement from the court the following might
    Message 1 of 6 , Oct 30, 2010
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      If 1040s were filed there may not be a defense.
       
      in the case of failure to file or with respect to the default judgement from the court the following might work.
       
      Refer to IRC sections:
       
      6201(a)
       
      "(a) Authority of Secretary
      The Secretary is authorized and required to make the inquiries,
      determinations, and assessments of all taxes (including interest,
      additional amounts, additions to the tax...."
       
      7701(a)(11)(A) and 7701(a)(12)(A) (Defining "Secretary" and "Delegate"), and 7701(a)(26)  (Defining "Trade or business")
       
      "(a) When used in this title, where not otherwise distinctly
      expressed or manifestly incompatible with the intent thereof -
       
      (B) Secretary
      The term "Secretary" means the Secretary of the Treasury or
      his delegate.
      (12) Delegate
      (A) In general
      The term "or his delegate" -
      (i) when used with reference to the Secretary of the
      Treasury, means any officer, employee, or agency of the
      Treasury Department duly authorized by the Secretary of the
      Treasury directly, or indirectly by one or more redelegations
      of authority...
       
       
      (26) Trade or business
      The term "trade or business" includes the performance of the
      functions of a public office."
       
      Questions for the court.
       
      "Who made the determination of a tax liability and what is his/her delegated authority to do so?"
       
      "What public office was defendant involved in?"
       
       
      In a message dated 10/29/2010 5:58:23 A.M. US Mountain Standard Time, taysearch@... writes:
       

      I received a default judgment reducing IRS assessments to judgment.  I went to a tax attorney who said that he wouldn't file an answer for me since I could not afford it.  So I didn't file an answer.  He wrote me a letter to that effect and I paid him $240 for the letter.  A friend who does legal research wrote a reply claiming the issue of "excusable neglect."to the subsequent motion that the U. S. Attorney wrote.  I didn't hear from the district Court for about 5 months.  Then September 2, 2010, the judge granted the default judgment to the United States of America.  I am now filing an appeal in forma pauperis.  I have to write down my issues on appeal.  Anyone have any suggestions on what I can write?  The judge said the underlying issue of me owing the taxes was tantamount.   I did sign the 1040's I filed.
      taysearch

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