
08-23-2004, 02:18 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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1040 alternatives
edited. I would correct my nationality from US citizen first, then never file again
Last edited by weishaupt1776 : 10-02-2005 at 07:36 AM.
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08-23-2004, 04:16 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: Georgia
Posts: 723
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1040 alternatives
The best alternative is to never start filing in the first place. Unfortunately, though, most people don't find out about the scam until after they've already signed one or more 1040's.
It appears that the first filing of a 1040 is what activates your 'account' in their system which then expects something from you/STRAWMAN every year.
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08-23-2004, 07:16 PM
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Unplugged
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Join Date: Oct 2004
Location: Colorado
Posts: 138
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1040 alternatives
I too have filed a tax statement for the last two years and haven't heard a thing about either one as yet. The reason for that is a statement is very hard to disprove. For instance if I say something is green and everyone else is saying it is pink, it doesn't mean i am not telling the truth because I may be color blind and I see it as green. How do you prove I am not seeing green? The statement I used was 56 pages long, and it came from the information at this sight modified to me. http://members.tripod.com/~fedinfo/tax_page.html
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08-23-2004, 07:35 PM
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Mental Jujitsu
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Join Date: Oct 2004
Posts: 805
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1040 alternatives
LeatherLips, thats a good link you posted. It says the correct form to file is 2555 "Foreign earned income" Which is consistant with the OMB control number that corresponds to section 1.1. Do you know of anyone who has actually filed that form? Just curious really.
I have heard that the "Commercial Affidavits" seem to work.
Also, are you getting a full refund of all the money your boss believes has to be taken out of your pay?
Have you heard about people filing form 1041 to get a full refund?
KT
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08-25-2004, 03:39 PM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,685
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1040 alternatives
I have filed a simple Commercial Affidavit that you can get in the downloads section for the years 1993-2003 and have never had a frivolous penalty letter for it. The filing of the Commercial Affidavit in lieu of a 1040 satisfies IRC 6011. Once I filed myUCC-1 financing statement that is when I started filing the CA.
I have filed 1041s in the past and gotten full refunds for a couple of years, then the frivolous penalty letter comes for $500.00. They will usually send a letter denying your claim (after you received the refund, haha). That is as far as it goes. Then I just send a BoE for the $500 penalty and follow up with a Letter Rogatory. So far it has worked well.
iamfreeru2
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08-25-2004, 03:43 PM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,685
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1040 alternatives
KT
I have yet to see anyone get a refund based on the filing of a Commercial Affidavit. The CA says to refund any amounts deducted to the Secured Party, but to my knowledge this has never been done.
iamfreeru2
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08-25-2004, 04:44 PM
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Practice Makes Perfect
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Join Date: Oct 2004
Location: Alaska
Posts: 332
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1040 alternatives
Perhaps I'll include a "statement" in place of the MISSING 1040, Sir. letter they send me for various years through out the year.
Last year I received a whole slew of "We need you to send in 1040's or proof that you filed forms for the past 7 years. Of course, It was only the previous 3 years that I had sent nothing in. Those vIpeRS are trying to get me to prove that I am a taxpayer again!
But with my recent Notice of Deficiencey, this may be one more attachment I have done before.
Good thoughts and applications folks.
scott
__________________
All men die, few live. This little hobby of fighting tyranny is driving my wife nuts.
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09-20-2004, 08:55 AM
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Mental Jujitsu
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Join Date: Oct 2004
Location: Georgia
Posts: 723
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1040 alternatives
Concerning IRC 6011:
2. Title 26 (IRC) Section. 6011. General requirement of return, statement, or list
This section pertains to the requirement to furnish a return. In 6011(a) the very first sentence reads, "When required by regulations prescribed by the Secretary any person made liable for any tax imposed by this title, or with respect to the collection thereof, shall make a return or statement according to the forms and regulations prescribed by the Secretary."
Doesn't this only apply to those who are made liable? Or to those who are taxpayers? Have you just declared that you are a taxpayer who is made liable through a filing of a CA?
Just curious.
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09-20-2004, 09:06 AM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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1040 alternatives
True, unless you put that you are doing it out of fear of being ILLEGALY prosecuted & that you are filing the CA even though you have personal knowledge that you are not liable.
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09-20-2004, 10:21 AM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,685
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1040 alternatives
The CA has to be rebutted point for point or it stands as truth.
From the CA:
Quote:
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You have ten (10) days in which you can respond and rebut this Commercial Affidavit, from receipt, UCC 1-204, unless you request in writing an extension of time. A lack of response or rebuttal means you assent to this Commercial Affidavit and that a fault exists, UCC 1-201(16), creating fraud through material misrepresentation that vitiates all forms, contracts, testimony, agreements, etc. expressed or implied, from the beginning, UCC1-103.
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I have never had a rebuttal or frivolous penalty letter as a result of the CA. It stands as truth and if necessary can be used as evidence of no income tax owed. It has been good enough so far and I will keep using it.
iamfreeru2
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