"Deficiency"
should be the amount shown on a tax return
minus the amount
already paid.
As
usual, Congress only confuses the issue
even further, as
follows ...
D = C - (A + B)
where,
D = deficiency
C = tax imposed by subtitle A
A = amount shown on the
tax return
B = amounts previously
assessed
Notice of Deficiency statute is
here:
http://www.law.cornell.edu/uscode/26/6212.html
"If the Secretary determines
that there is a deficiency ...."
That "determination"
must be done
by means of a proper Assessment Certificate.
Statute defining
"Deficiency" is here (be careful!):
http://www.law.cornell.edu/uscode/26/6211.html
READ THIS STATUTE VERY CAREFULLY:
"deficiency"
means the amount by which the tax
imposed by subtitle A exceeds the sum of:
(A) amount shown on the tax return
PLUS
(B) the
amounts previously assessed (or collected without assessment) as a
deficiency, over—
NOPE!
If (A) equals zero, then
there had better be an "amount previously ASSESSED"
or (B) is also zero.
THEREFORE, (A) + (B) = zero!
And, without any liability STATUTE for subtitle A, then C --
THE TAX IMPOSED BY SUBTITLE A -- IS ALSO ZERO:
http://www.supremelaw.org/sls/nutshell.htm
http://www.supremelaw.org/sls/2amjur2d.htm
(see Commissioner v. Acker)
http://www.supremelaw.org/press/rels/subpoena.htm
DO YOU SEE HOW A FORMAL ASSESSMENT IS REQUIRED HERE?
"Assessment" has a very
technical meaning, as explained
in Brafman v. U.S.
here:
http://www.supremelaw.org/decs/brafman/ (.gif =
scanner output)
IRC section 6065 requires that all
Assessment Certificates
must be signed under penalty of perjury:
http://www.law.cornell.edu/uscode/26/6065.html
And, IRS must also obey the
federal regulation governing
"Method of assessment"
here:
http://www.supremelaw.org/cfr/26/26cfr301.6203-1.htm
HOWEVER:
IRS can NOT sign or date any
Assessment Certificates
under penalty of perjury, because there is no liability
STATUTE for subtitle A; there is only a REGULATION
which IRS created and, by doing so, they violated
18 U.S.C. 912 by impersonating the Congress:
http://www.law.cornell.edu/uscode/18/912.html
See
also 31 U.S.C. 333:
http://www.law.cornell.edu/uscode/31/333.html
(civil
AND criminal penalties BOTH!)
Summary:
The "assessment" is
either "self-imposed" on Form 1040,
or a proper "assessment" is performed by the IRS in the
absence of a "self-imposed assessment". But, in the final
analysis, IRS cannot certify any "assessments", because
they cannot prove liability without a statute creating
that
specific liability for taxes imposed by IRC subtitle A.
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, Criminal Investigator and
Federal Witness: 18 U.S.C. 1510, 1512-13, 1964(a)
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