The letters on this website can be sent to the I.R.S. by yourself, without the use of an attorney, in response to the notices that you have received from the IRS, in order to establish on your behalf a record of legal cooperation and proper exercise of regulatory provisions that invoke your appeal rights that are provided for in law. These legal documents represent decades of legal research that have gone into the legal positions adopted with respect to, and based in, the written laws and regulations of Title 26 and the Internal Revenue Manual.
All the documents on this website are delivered in:
· Microsoft Word format,
· These letters should be reviewed (and personalized) before being printed and mailed to the I.R.S.
As a semi-guide to the letters and how they are used to document the improper actions of the I.R.S. and raise challenges regarding the lawfulness of the agency’s procedures, please read the above sections. You will find hyperlinks you can click on to take you to some of the documents on this website, so that you can immediately review the type of letter that is being discussed.
The most frequent questions asked by persons in the past with respect to writing letters to the I.R.S.:
Q: When the I.R.S. sends someone letters and notices claiming they are required to file a return, or claiming that the I.R.S. has determined that they owe taxes, does writing to the I.R.S. make them stop their assessment process? In other words, will the I.R.S. ever ‘go away’?
A: There is no silver bullet that can make the I.R.S. stop demanding returns and assessing amounts that it claims are due. There is almost nothing anyone can tell the I.R.S. which will make them “see the light” and stop pursuing a person who does not file.
Q: If the I.R.S. isn’t going to stop or go away, why write to them at all?
A: There are many reasons a person might still write to the I.R.S., but the main ones appear to be:
1. It is your right to petition the I.R.S. or any other government agency for a redress of grievances, and so writing is a way to let your voice be heard and to exercise your First-Amendment, Fourth Amendment, and Fifth Amendment rights.
2. Documenting the illegal actions of the I.R.S. helps to establish, in one’s own case, evidence and a record of I.R.S. wrong-doing, as well as evidence of a good faith belief in one’s own compliance with the tax laws as written. This record can be very effectively used if it becomes necessary to defend oneself against wrongful government charges.
WE ADVCATE A TWO-FOLD APPROACH TO DOCUMENTING IMPROPER I.R.S. ACTIONS
PART I. Responses to I.R.S. correspondence. These responses are used to:
· Establish good-faith effort to resolve problems
· Request information necessary to verify proper procedures
· Track authority or lack thereof for actions taken
· Most important—create a permanent record in your favor of disputed issues, unanswered questions, missing required documentation, etc..
PART II. Privacy Act Requests for I.R.S. held documents.
Our contact information:
I.R.S. Case Flow Explained The I.R.S. has two methods to pursue collection of tax from individuals. One is CIVIL, the other is CRIMINAL. This is true, both for individuals that do file returns, and for those who do not. This website has been developed in order to help anyone in America who needs competent, reasonably priced legal assistance in preparing a legal answer to any I.R.S. Notice, letter or declaration of action (Levy, Lien, IRS Summons) that they have received from the I.R.S. In the CIVIL venue, the I.R.S. opens an investigation, typically based on information returns that it has received in the past, and most of the notices issued to taxpayers are computer-generated. In a CIVIL matter, the I.R.S. is interested primarily in collecting the tax revenues it claims are due from the taxpayer, with all the penalties and interest it can charge according to the law. Most everything the I.R.S. pursues is in the CIVIL area, and is about “getting the money”, not prosecuting a crime.
The letters on this WEBSITE are specific responses that have been used to successfully raise legal challenges to I.R.S. procedures at the various stages of an I.R.S. CIVIL investigation or enforcement action: It does not matter what stage of the investigation you are at now, or whether or not you have answered the I.R.S. correspondence that you have previously received, the legal response documents on this website can probably help you with your legal situation with the I.R.S.
There are four main stages, listed below, of an I.R.S. investigation generally (each its own web page in this web site), but these can be somewhat more fluid if an I.R.S. agent or revenue officer is improperly pursuing the investigation personally:
(1) TDI stage, which includes requests for returns and meetings,
(2) Examination stage, which includes a 30-day letter (proposed assessment), and,
(3) Assessment stage, (including the 90-day letter - Proposed Notice of Deficiency, and
(4) Collection stage, which includes Notices of Intent to Levy and Lien property, a Provision for “Collection Due Process Hearings,” and post-hearing collection procedures (Levies, Liens). Finally,
(5) Privacy Act Requests for Information
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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 certified mail, signature return (use the green card at the U.S. Post Office). 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
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