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Getting Started and getting Ready for Court

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  • Sterling W Wyatt
    A non-taxpayer does not have access to anything in the IR Code, BUT the IRS is able to, and does, presume that you are a TAXPAYER. So, IMHO, the non-taxpayer
    Message 1 of 1 , May 4, 2004
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      A non-taxpayer does not have access to anything in the IR Code, BUT the
      IRS is able to, and does, presume that you are a TAXPAYER. So, IMHO, the
      non-taxpayer must always respond to EVERY IRS communication AS a
      non-taxpayer, and make follow-up complaints to higher authorities and to
      Congress. After 18 years, I have some 800+ IRS related correspondence
      files.

      I now receive 16 - 24 pieces of correspondence from the IRS per year -
      about several different annual tax periods. My objective is to force an
      administrative FAULT and DEFAULT for every IRS accusation document or tax
      period, and to force a due process hearing for each tax period or series
      of TPs, and then for the fraudulent hearing decision, to publish in the
      public record - a NOTICE of VOID decision for lack of jurisdiction and
      authority. Again, IMHO, I don't think the IRS wants to drag one into
      Court with that kind of administrative record backing up one's
      non-taxpayer position. But EVERY year, a W-2 sent them from someplace,
      WILL put their automatic system into operation cranking out accusation
      letters and threats of Levy.

      The first step in this paper battle is making sure your files ARE in
      order and STAY in order. In my pre-computer days, I kept a manual LOG of
      all correspondence. As I added a computer to my tools, I turned the
      manual LOG into a computer LOG file. Now I scan in every incoming IRS
      document into its own file and create outgoing document files on the
      computer - the configuration of folders and files replace the old LOGS.
      Those first IRS computer and physical folders began to fill up with files
      and soon became unweldy, and things started getting mislabled, confused,
      and even lost.

      I have found that just keeping things in chronological order is not good
      enough. Starting with the first year one does not file, create an annual
      physical folder and a computer folder for every year thereafter: IRS
      1999, IRS 2000, etc. I find it sufficient to STORE hard copy files in
      simple chronological order by document date, but to keep the annual
      physical folder slimmed down, I usually do so within INCOMING and
      OUTGOING folders for each year. BUT- my computer files become the
      working activities files.

      Within this annual computer folder is listed the files of anything
      related to that annual tax period. I have sub-folders for ME, WIFE, &
      JOINT. (I respond to all IRS correspondence JOINTLY and force all
      hearings to be JOINT so I can be the spokeperson & protect my wife in the
      hearing or in court). My file names for a document begins with the date
      of the document in yy-mm-dd order so that they automatically stay
      sorted within each folder. The last thing in the title is the tax period
      ... '99, '00, '01 etc. The middle of the title used to HAVE to be
      abbreviated, but now I use whatever the IRS entitles their document. And
      since I now get IRS documents from as many as 4 different locations, the
      IRS office designation and writer (if signed) and form # is up front
      too... i.e., 04-03-22 DOT-IRS Memphis unsigned CP22E We Changed Your
      Account '00 & '01.

      A sub-folder is also created for each audit or hearing correspondence ...
      i.e., APA DP Hearing Bethea '97- '99 [Administrative Procedures Act Due
      Process Hearing by Agent Bethea for TP 1997, 1998, & 1999]. This Hearing
      sub-folder is placed under the IRS 1997 annual folder (in first TP year
      only).

      An incoming original document dated in 2004 is filed under the tax period
      folder(s) to which it applies (i.e., TP= '01 & '02), and it's SHORTCUT
      (or a copy) is placed in the IRS 2004 annual folder, and in any ongong
      Hearing folder as needed. Also in both folders, I create a blank dummy
      file entitled: 04-03-22a PENDING JOINT RESPONSE 04-03-22 DOT-IRS Memphis
      unsigned CP22E We Changed Your Account '00 & '01, and shortcut that to
      where appropriate as well ('00 & '01 annual folders). When my response
      is finally completed within the PENDING RESPONSE file, I rename the file
      & shortcuts - and refile in the TP year or hearing folder - as
      appropriate.

      (You might reverse locations of the original and the shortcut files as
      you best see their fit.)

      Eventually, it will look a bit like this in the FOLDERS screen:

      IRS
      2001
      HEARING
      JOINT
      04-03-11a PENDING JOINT RESPONSE 04-03-11 IRS
      Austin unsigned CP-22E We Changed Your Account
      '01 (dummy & original response)
      ME
      WIFE
      04-03-11 IRS Austin unsigned CP-22E We Changed Your
      Account '01 (original)
      2002
      2003
      2004
      HEARING
      JOINT
      04-03-11a PENDING JOINT RESPONSE 04-03-11 IRS Austin unsigned
      CP-22E... (shortcut)
      ME
      WIFE
      04-03-11 IRS Austin unsigned CP-22E... (shortcut)
      04-03-11a PENDING JOINT RESPONSE 04-03-11 IRS Austin unsigned
      CP-22E... (shortcut)

      Among all the other activity on your computer, not only can your ongoing
      responses to IRS documents be easily tracked at a glance in the
      sub-folders of the current folder year, but IRS failures to respond (a
      dummy entry dated in 30 days) can help keep track of FOIAs, Defaults,
      etc. Preparation for a hearing is easy when you can track all the
      non-responses at a glance - even show them to the Hearing officer on your
      lap-top! This file system gives one the FEELING & CONFIDENCE of being ON
      TOP of their attack - and ready for their next move.

      A file system is easy now to build as one goes along.
      It gets a lot harder to rebuld a file mess later!

      Have fun,

      Wayne

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