Posted by Common Right Group on October 27, 1997 at 15:57:38:
In Reply to: Common Right Group, sink your teeth into this posted by David on October 25, 1997 at 16:00:16:
: Dateline: May 27, 1997
: 1..Wife and I received a computerized, mathematicaly corrected,
: CP2000 notice from the IRS stating that they were proposing a
: change [increase] in our 1995 income tax based on monies reported
: that were never received.
: 2..Knowing that we were required to answer their charge, I sent
: a certified affidavit along with proof that they were wrong, to them,
: along with an affidavit of questions, for our own edification of
: course. Which was sent to Richard Marsh, District Service Director.
: 3..In June we received a notice from the chief of the underreporter
: branch,IRS, Atlanta district demanding the same thing that was on the
: original CP2000 letter sent in May. Not aa single question that we
: originally sent was answered. Neither was the proof addrerssed which
: showed clearly that we did not owe any further tax for that year.
: We answered again, this letter, with a copy of the same affidavit
: and proof, in a timely manner.
: 4..To make this short, this continued on up until August, a total
: of seven times. Each time we responded within a timely manner.
: They even went so far as to change the response times from 90-60-
: 30-15-10-0, days with each successive affidavit of response that
: was sent. We have not, to this day, even received any of the
: Green Cards, back from them.
: A trace was filed with the USPS, and guess what, USPS sent back
: all the trace requests with a memo stating that they cannot compel
: the IRS to release any information on any mailings.
: 5.. On September 29 1997 we received a certified return reciept
: NOTICE OF DEFICENCY letter from Mr. Richard Marsh, Atlanta Director,
: with instructions, that of appeal to the US Tax Court, which we sent
: in a timely manner. They gave us 152 days to appeal to the tax court.
: Sink your teeth into the above and this question?
: How the hell do we respon to the Tax Court on the Appeal.
: RSVP
: Respects.
: David.
: As stated on the flag that was flown at the alamo;
: "Go ahead, come and [F*&^%$G] take it."
: (emphasis added, mine)
It seems on the surface that you are attempting to write and correspond directly to the party that send your cp2000. Have you tried sending a request under FOIA to the appropriate disclosure office? These can be enforced in courts (MUST be enforced).
As to the "proof" of not owing, we wouldn't have a clue what to say here. You make the assertion, you carry the burden of proof. We suggest (not advise) keeping the ball in the other guys' court.
Certified mail only certifies the delivery of an envelope. Registered mail, although considerably more expensive, is a different ball game, and can be used when they force the issue in that manner. Firstly, before sealing the envelope, have the postal clerk stamp the head of the letter with the registration stamp. Then, seal the envelope and let the Postal clerk do what postal clerks do.
Tax Court? Did we read the words "Tax Court?" Uh-oh. Tax court is an administrative court for "Taxpayers" as that term is defined in the Internal Revenue Code. It's a Trap! Besides, the only way you can get into Tax Court is if YOU petition the court. The IRS does not do that. They tell you you have the right to petition the Tax Court, but that is based on their presumption that you are subject to the Internal Revenue Laws of the United States.
As to your challenge for us to "Sink Our Teeth into This," we hope you weren't trying to be sarcastic or snotty-nosed. We try, but not everyone agrees with our approach. Furthermore, not everyone can live up to the requirements. It's scary as can be, we know and understand that. For some, the right answer might be to work out a compromise with IRS, without prejudice, then continue research, etc.
We are NOT "advising" you as to a course of action. Merely offering a few tidbits for you to couple into other stuff you already know - along with an opinion or two. It gets