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Originally Posted by Ice
Can someone tell me where I can find the cite in regards to the IRS responding to mail/letters/inquiries??& For some reason this has disappeared from my vast number files.
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At least two cites, but maybe not what you were hoping for:
Smith v. Arkansas State Highway Employees (1979) 441 US 463, 60 L.Ed.2d 360, 99 S.Ct 1826:
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{US at 464-465, L.Ed at 363, S.Ct at 1828}
The First Amendment right to associate and to advocate 'provides no guarantee that a speech will persuade or that advocacy will be effective.' [quoting Hanover Federation of Teachers v. Hanover Community School Corp. (7th Cir. 1972) 457 F2d 456 at 461] The public employee surely can associate and speak freely and petition openly, and he is protected by the First Amendment from retaliation for doing so. ... But the First Amendment does not impose any affirmative obligation on the government to listen, to respond or, in this context, to recognize the association and bargain with it.
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More directly with regard to the IRS,
We The People Fndn Inc. v. US (D.D.C. Aug. 31, 2005) 96 AFTR2d 6126, 2005 u.s.dist. LEXIS 20409, 2005 WL 2473698:
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The FIrst Amendment provides that 'Congress shall make no law ... abridging ... the right of the people peaceably to assemble, and to petition the government for a redress of grievances.' Plaintiffs {= WTP and Bob Schulz, etc.} contend that they therefore have a constitutional right to a response to the petitions they have filed with the various defendants {=IRS, DOJ, etc.}, and that defendants have committed 'constitutional torts' against plaintiffs in failing to respond to their petitions. ... The Supreme Court, however, has held that 'the First Amendment does not impose any affirmative obligation on the government to listen, to respond, or, in this context, to recognize the association and bargain with it." [quoting Smith v. Ark. State Hwy Empl.] Plaintiff's claims that the defendants are obligated to 'properly' respond to plaintiffs' petitions shall thus be dismissed for failure to state a claim upon which relief may be granted.
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