Response to IRS Letter 1058 issued only for a $5,000 Civil Penalty

Item# 1058-penalty

Document Description

A 7 page Response to an IRS 1058 letter (threatening to levy) issued to attempt to collect only a $5,000 (frivolous filing) civil penalty (with no underlying tax alleged).

"I am in receipt of an I.R.S. Letter 1058 dated «IRS Letter Date», enclosed as [Exhibit A] threatening to levy my property in order to collect an alleged civil penalty in the unconstitutionally excessive amount of $5,000. Under Title 26 U.S.C. Sections 6330 and 6331, this letter appears to have been issued improperly, in violation of law, by over-zealous IRS employees.

This letter is my response and request for appeals consideration and a Collection Due Process Hearing for the purpose of invoking my rights as a Petitioner to have the Appeals Office review the lawfulness of the determinations and other actions threatened to be taken against my property in this case. This demand for an appeal review and collection due process hearing is based upon the provisions of Title 26 U.S.C. § 6330, which states in part:..."

Also establishes the misuse of Section 6331, and the unconstitutional nature of any attempt to collect civil penalties and fines (rather than federal tax) through the use of the levy process.

(references The Statutory Authority of the IRS to Levy Property as an attachment)


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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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