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Would you use this document to stop IRS from contacting any 3rd party?

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  • fastmuscleman
    QUESTION: Is the IRS or Government immune from contacting any 3rd party without my consent? Are they not violating any exaction laws? ANSWER: IRS lacks
    Message 1 of 1 , Jan 27, 2004
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      QUESTION:

      Is the IRS or Government immune from contacting any 3rd
      party without my consent?

      Are they not violating any exaction laws?


      ANSWER: IRS lacks capacity, authority and jurisdiction.
      =============================================

      Your Name
      Your address
      Your city, St

      Date Return Receipt #_________________________
      (Include this number in your correspondence.)

      Internal Revenue Service, Collector
      for Dept. of the Treasury, Financial Management Services
      Ogden, UT 84201


      Re: Your Letter #: 3164B (DO) and Notice 1219B Catalog
      No. 73243V
      Account No. XXX XX XXXX used by the IRS to maintain and
      identify its system of records.

      1. Cease attempts to contact third parties [15 U.S.C.
      Fair Debt Collection Practices Act 1692c(b)]
      2. Cease communication with the Requester [15 U.S.C. Fair

      Debt Collection Practices Act 1692c(c)]
      3. Cease false or misleading representations in order to
      disgrace or attempt to obtain information [15 U.S.C.
      Fair Debt Collection Practices Act 1692e(7) & (10)]
      4. Cease Furnishing Deceptive forms to create the false
      belief a debt is owed [15 U.S.C. Fair Debt Collection
      Practices Act 1692j]

      Dear Collector:

      For the record, let's correctly refer to the above-named
      person as the Requester, since I am a nonfiler. 26
      U.S.C. 7701(a)(14) defines the word 'taxpayer' as a
      person subject to any measurable tax derived from a
      taxable source (activities, events, commodities).
      Documents I have received from FOIA/PA Requests clearly
      state no lawful, valid assessment for a tax liability has
      ever been imposed upon the Requester. Absent a valid,
      procedurally lawful in full compliance with 26 C.F.R.
      301.6203-1, no tax is owing. Therefore the Requester is
      not a 'taxpayer' either by proof or appointment.


      The Requester absolutely refuses to give his/her consent
      for your agency to communicate with third parties.
      Without the prior consent of the Requester given directly
      to the Service, or the express permission of a court of
      competent jurisdiction, or as reasonably necessary to
      effectuate a post judgment judicial remedy, the IRS MAY
      NOT communicate, in connection with the collection of an
      alleged debt, with any person other than the Requester,
      his/her attorney, or a consumer reporting agency.

      You and the Service lack lawful authority to interfere
      with the peace and privacy of a natural, private American
      who is not subject to your jurisdiction and has no tax
      liability or debt owing to the U.S. government.

      When you have already contacted third parties regarding
      the Requester without my explicit, voluntary, written
      consent, please mail me a complete list of the contacts,
      together with whatever information you compiled as a
      result of the contact. You may be in violation of IRC

      6304(c) and subject to civil damages for certain
      unauthorized collection actions under IRC 7433 in an
      amount equal to the lesser of $1,000,000 ($1000,000 in
      the case of negligence) or other sums as noted.

      In Radinsky v. United States 622 F. Supp. 412 (D.C. Colo.
      1985) the Court stated, "....that the plaintiffs are not
      'taxpayers' because no tax has been assessed." Radinsky
      distinguishes with specificity and particularity that the
      terms 'tax', 'penalty' or 'sum' are not analogous.

      Per IRC 6304(a), you are duly advised to cease all
      future direct or indirect communication with the 3rd
      party contacts. DO NOT contact the Requester's place of
      work.

      Only 'taxpayers' are subject to or liable for a tax
      measured upon income derived from a taxable source as
      imposed by the Code. Only 'taxpayers' are under the
      jurisdiction of the IRS. I have yet to find any law
      requiring the lawful duty to file a return, unless one is
      liable for a tax imposed by the code. The Requester has

      found no federal tax liability, nor duty to file. The
      Requester is outside your venue and you lack subject
      matter jurisdiction of the Requester.

      Therefore you lack lawful authority to impose any
      'discovery' proceedings pursuant to Subtitle F Procedure
      and Administration Chapter 78 Discovery of Liability and
      Enforcement of Title 7602(c)(1) Examination of books and
      witnesses. You also lack lawful authority to impose any
      right to ask for 'disclosure' information pursuant to
      Subtitle F Procedure and Administration; Chapter 61
      Information and Returns; Subchapter A. Returns and
      Records; Part 1 Records, Statements, and Special Returns
      6001, 6011 and 6012(a).

      The Service does not authorize you to contact 3rd parties
      to obtain or verify information for persons not under
      your jurisdiction. For you to do otherwise, you are
      deliberately acting outside the law and invading the
      privacy of the Requester and disinterested third parties,
      giving the

      erroneous impression the Requester owes a debt or may be
      in trouble with federal authorities, thus possibly
      damaging the reputation and credibility of the Requester,
      clearly in violation of 15 USC 1692b of the Fair Debt
      Collection Practices Act and IRC 6304.

      I declare to the best of my knowledge and belief the
      above facts to be true and correct.

      Respectfully,

      Your name, Requester and nonfiler. All rights reserved.

      ____________________________ state,
      ____________________________ county }ss.

      On __________, 20_____, before
      me,_______________________________, Notary Public,
      personally appeared
      _____________________________________, who proved to me
      on the bases of satisfactory evidence) to be the
      man/woman whose name is subscribed to the within
      instrument and acknowledged to me that he/she executed
      the same in his/her authorized capacity, and that by
      his/her signature on the instrument the man/woman, or the
      entity upon behalf of which the man/woman acted, executed

      the instrument.
      WITNESS my hand and official seal.

      __________________________, Notary Public My commission
      expires_________.
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