Would you use this document to stop IRS from contacting any 3rd party?
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 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
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]
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
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,
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.
Your name, Requester and nonfiler. All rights reserved.
____________________________ county }ss.
On __________, 20_____, before
me,_______________________________, Notary Public,
_____________________________________, 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
WITNESS my hand and official seal.
__________________________, Notary Public My commission