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CDP hearing request made previously - IRS denial is off-point - follow-up presses the law.

Item# cdp-7

Document Description

“We have determined that your appeal is not subject to the provisions of Internal Revenue Code (IRC) § 6330. We do not believe you have given a basis for an appeal under this section of the law.” Mr. Agent, IRC § 6330(c)(2)(A) states that I “may raise at the hearing any relevant issue relating to the unpaid tax or the proposed levy, including …” three specified issues. Are you saying that the issue of whether or not I am liable by law for the tax you are attempting to collect is not a ‘relevant issue relating to the unpaid tax’? What could possibly be more relevant to this matter than whether I lawfully owe the tax you are collecting? … Even so, clause (ii) deals with the “appropriateness of collection actions”. Are you contending that collection actions taken against someone (such as me) who is not liable is appropriate? If so, then it is easy to see why the public has no confidence in the integrity or honesty of the Internal Revenue Service or it’s employees. Also, at subparagraph (c)(2)(B), the underlying assessment can be argued if I have not had the opportunity to dispute it. I have repeatedly tried to have an appeal hearing since the IRS first asserted a proposed deficiency, yet I have still not been given one. Clearly then, that condition applies to me…


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This document library is the result of a multi-year effort to very carefully research the tax laws in order to be able to provide to any American citizen or resident the proper documents necessary to answer IRS Notices and Letters while preserving their rights under the law:

1. to their own property,
2. to have the due process requirements of the law met by the IRS, and
3. to preserve at all times their appeal rights in all dealings with the IRS.

The statutes that these letters are based on have all been very carefully researched. These letters are designed to invoke the provisions that are provided by the statutes in order to protect your property and rights to property, and so that you may assert your rights to due process in all dealings with the government and its agents, and to at all times preserve, and exercise where appropriate, all of your appeal rights provided for under the law.

You should carefully edit these Microsoft word documents yourself to finalize them, adding your personal information (name, address, tax-id, etc.) and specific letter information (tax period, letter date, etc.) where indicated in the documents, together with the personal information of the IRS employee who sent you the letter. Then send your finished response to the I.R.S. by U.S.P.S. certified mail (a signature return on a U.S.P.S. green card is not necessary). Do not add any language or make any changes regarding the laws presented, or you may affect our ability to help you. If it is absolutely necessary, you may delete a line in the letter if it is not applicable to your specific situation, but DO NOT ADD ANY STATEMENTS OR ARGUMENTS to the reply letters.

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