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What will extend the Statute of limitations?

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  • Hermit
    Can someone answer this question for a friend of mine. He has the IRS breathing heavy down his neck. They say he owes them over 400,000 for the years 1884
    Message 1 of 7 , Jan 29, 2004
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      Can someone answer this question for a friend of mine.

      He has the IRS breathing heavy down his neck. They say he owes them
      over 400,000 for the years 1884 through 1992. A recent IMF shows the
      CSED is July of 2005. They are all SFR returns.
      He wants to know if he files back returns, will it extend the statute
      of limitations for those years in question?

      He would also like to know if he could just send them $200.00 a month
      until July of 2005.
      He does not want to make an offer in compromise because it might
      extend the statute of limitations, nor does he want to fill out any
      financial forms. Any ideas?
    • nickster97@yahoo.com
      There is no limitation on collection if NO forms were filed. The Clock only starts on the filnig of a return. They can chase him forever. Check
      Message 2 of 7 , Jan 30, 2004
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        There is no limitation on collection if NO forms were filed. The
        Clock only starts on the filnig of a return. They can chase him
        forever. Check www.freedomcommittee.com under claim of right for a
        possible fix for this problem.

        --- In tips_and_tricks@yahoogroups.com, "Hermit" <mrhermit@e...>
        wrote:
        > Can someone answer this question for a friend of mine.
        >
        > He has the IRS breathing heavy down his neck. They say he owes them
        > over 400,000 for the years 1884 through 1992. A recent IMF shows
        the
        > CSED is July of 2005. They are all SFR returns.
        > He wants to know if he files back returns, will it extend the
        statute
        > of limitations for those years in question?
        >
        > He would also like to know if he could just send them $200.00 a
        month
        > until July of 2005.
        > He does not want to make an offer in compromise because it might
        > extend the statute of limitations, nor does he want to fill out any
        > financial forms. Any ideas?
      • Bob law
        Nickster is incorrect in the presumption of the statute of limitations on collections. The clock starts ticking upon the signing of the Assessment
        Message 3 of 7 , Jan 31, 2004
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          Nickster is incorrect in the presumption of the
          statute of limitations on collections. The "clock"
          starts ticking upon the signing of the Assessment
          Certificate by the Assessment Officer, or the filing
          of the return, as I understand ther same to be.
          However, if there is no voluntary return i.e.
          voluntary assessment, then the normal procedure will
          be under taken to establish the liability. If, and
          when the designated Assessment Officer assigned by the
          District Director signs the Assessment Certificate,
          then, and only then, there is a true liability in
          controversy and then the clock ticks away. Prior to
          the 23-C Record of Assessment being completed there is
          no liability. If no liability, there can be no
          statutory time constraints.
          Remember there is such a thing as a time barred
          assessment. If so how can they chase you forever!

          > There is no limitation on collection if NO forms
          > were filed. The
          > Clock only starts on the filnig of a return. They
          > can chase him
          > forever.

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        • Dave Miner
          Bob -- You said: Prior to the 23-C Record of Assessment being completed there is no liability. If no liability, there can be no statutory time constraints.
          Message 4 of 7 , Jan 31, 2004
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            Bob --
             
            You said: "Prior to the 23-C Record of Assessment being completed there is no liability. If no liability, there can be no
            statutory time constraints.
            "
             
            You are absolutely correct. 
             
            The problem for the IRS and the benefit to non-filers is the fact that the IRS seldom completes and signs the Form 23C Certificate of Assessment.  So when the IRS threatens a nonfiler with liens or levies, just demand a copy of your Individual Master File.  The IMF will show no Form 23C.  THEN demand a copy of the Form 23C.  If the IRS sends you a copy, it will show an old date.  You can produce the IMF in court as proof that the IRS falsified its documents, and have the charges dismissed.  Best of all, you can have the judge assess the IRS for the costs of your court case since it was involved in fraud.
             
            Yours in freedom,
             
             
             
            ----- Original Message -----
            From: Bob law
            Sent: Saturday, January 31, 2004 1:32 PM
            Subject: Re: [tips_and_tricks] Re: What will extend the Statute of limitations?

            Nickster is incorrect in the presumption of the
            statute of limitations on collections.
          • Bob law
            Dave, As to your last posting, I concur with these statements. However, there are a couple of other options which would sustain your argument, but for the sake
            Message 5 of 7 , Jan 31, 2004
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              Dave,
              As to your last posting, I concur with these
              statements. However, there are a couple of other
              options which would sustain your argument, but for the
              sake of new people I won't cloud the issues with many
              variables. You are right in that the things you stated
              are a very good way of verifying the facts and setting
              the record.


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            • nickster97@yahoo.com
              Bob is absolutly correct, I stand corrected. I apologize for the misinformation.
              Message 6 of 7 , Jan 31, 2004
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                Bob is absolutly correct, I stand corrected. I apologize for the
                misinformation.

                --- In tips_and_tricks@yahoogroups.com, Bob law <saveyourpay@y...>
                wrote:
                > Nickster is incorrect in the presumption of the
                > statute of limitations on collections. The "clock"
                > starts ticking upon the signing of the Assessment
                > Certificate by the Assessment Officer, or the filing
                > of the return, as I understand ther same to be.
              • CCDude
                In regards to a frivolous penalty: can anyone explain the lawful requirements for this penalty to be assessed, i.e. what steps and paperwork need to be
                Message 7 of 7 , Feb 1, 2004
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                  Message
                  In regards to a frivolous penalty: can anyone explain the lawful requirements for this penalty to be assessed, i.e. what steps and paperwork need to be completed by the agency before this is a VALID penalty...
                  Thank you in advance!!! Bob Miller
                  -----Original Message-----
                  From: Dave Miner [mailto:dminer@...]
                  You said: "Prior to the 23-C Record of Assessment being completed there is no liability. If no liability, there can be no
                  statutory time constraints.
                  "
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