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Re: [tips_and_tricks] Just received NOD certifed mail any advice?

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  • Sterling W Wyatt
    On Fri, 23 Apr 2004 15:56:19 -0500 Marshall Magill writes: I just got a NOD CERTFIED MAIL, First certified mail I have ever received from IRS.
    Message 1 of 3 , Apr 24, 2004
      On Fri, 23 Apr 2004 15:56:19 -0500 "Marshall Magill" <wmmw@...> writes:
      I just got a NOD CERTFIED MAIL, First certified mail I have ever received from IRS. It also went on to tell me they had filed a return for me for 2001 since I had failed to file one. The NOD was for penalties and interest plus failure to file charges. any advice on this one?
      First, I would refuse the document for fraud (I am a non-taxpayer & did not sign or authorize any IRS prepared return) in my response to the sender, and  I also request his authority to prepare a return for me.
       
      I would also do a FOIA for your 2001 IMF "Specific" and for the "return" shown by the DLN on that IMF.  You willl likely get back a so-called "SFR" marked 1040 form with your strawman's name printed on it but unsigned by anyone verifying the data thereon.  A proper assessment requires a verified input return.  Good luck finding out who entered that document into their files.
       
      From there, the battle may begin in several different ways that some other folks on this forum can suggest.  There ain't no silver bullet -- tactical wins of specific battles may come, but be prepared for the war to end only when either you or the IRS die.
       
      I stand on my non-taxpayer status and do administrative procedures rebutals of every IRS accusation demanding their authority and jurisdiction until they go thru a condition of fault and default which is posted in the Public Record and ready for judicial notice in court; I demand Administrative Procedures Act due process Hearings; I Deny the jurisdiction and authority of any Hearing Decision & Notice of Determinination; and I submit Criminal Affidavits to the Sec Treas. for him to investigate when the IRS agents keep going.
       
      Sometimes it works and sonme times it doesn't - then I change strategies a bit & continue the war.
       
      Wayne
    • Dave Miner
      Sterling and Marshall -- You can refuse for fraud if you want, but your reason will legally fail. Section 6020(b) and its enabling regulations allow (on the
      Message 2 of 3 , Apr 25, 2004
        Sterling and Marshall --
         
        You can refuse for fraud if you want, but your reason will legally fail.  Section 6020(b) and its enabling regulations allow (on the surface) the IRS to complete a return for non-filers.  You have to dig a little deeper to find the fraud.  Section 6020(b) returns can only be filed for certain business returns.  The Code itself only authorized the Commissioner to file 6020(b) returns.  So the Commissioner had to file delegation orders to the additional people he wanted to have that same authority, and for the actual returns he wanted to give them authority.  The Delegation Orders only authorized high-ranking IRS officials (GS-9 and above) and only authorized certain business returns. 
         
        In other words, the IRS has authority to file returns for non-filers, but this authority is limited to certain people and to certain business returns. 
         
        And your tactics, Sterling, are really quite well-informed and should work for you most of the time.  There are a couple additional steps you can take that will probably get them to quit bothering.  Over 14 years, I have helped in excess of 2,000 individuals fight the IRS.  Only ONE individual that I know of experienced an IRS levy and actually lost money because of it.  To my knowledge, all of the rest have seen the IRS leave them alone.  You are right, it can takes years for the IRS to give up, but eventually I have seen the IRS give up every time.  And for most of my clients, it only takes 6-9 months.
         
        On than that, Marshall, Sterling's advice to you was on target.
         
        Yours in freedom,
         
         
         
         
         
         
         
        ----- Original Message -----
        Sent: Saturday, April 24, 2004 3:08 PM
        Subject: Re: [tips_and_tricks] Just received NOD certifed mail any advice?

        On Fri, 23 Apr 2004 15:56:19 -0500 "Marshall Magill" <wmmw@...> writes:
        I just got a NOD CERTFIED MAIL, First certified mail I have ever received from IRS. It also went on to tell me they had filed a return for me for 2001 since I had failed to file one. The NOD was for penalties and interest plus failure to file charges. any advice on this one?
        First, I would refuse the document for fraud (I am a non-taxpayer & did not sign or authorize any IRS prepared return) in my response to the sender, and  I also request his authority to prepare a return for me.
         
        I would also do a FOIA for your 2001 IMF "Specific" and for the "return" shown by the DLN on that IMF.  You willl likely get back a so-called "SFR" marked 1040 form with your strawman's name printed on it but unsigned by anyone verifying the data thereon.  A proper assessment requires a verified input return.  Good luck finding out who entered that document into their files.
         
        From there, the battle may begin in several different ways that some other folks on this forum can suggest.  There ain't no silver bullet -- tactical wins of specific battles may come, but be prepared for the war to end only when either you or the IRS die.
         
        I stand on my non-taxpayer status and do administrative procedures rebutals of every IRS accusation demanding their authority and jurisdiction until they go thru a condition of fault and default which is posted in the Public Record and ready for judicial notice in court; I demand Administrative Procedures Act due process Hearings; I Deny the jurisdiction and authority of any Hearing Decision & Notice of Determinination; and I submit Criminal Affidavits to the Sec Treas. for him to investigate when the IRS agents keep going.
         
        Sometimes it works and sonme times it doesn't - then I change strategies a bit & continue the war.
         
        Wayne
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