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Delegation Order 5-3
Hello Everyone, I am certain someone here can help me with this. I am setting this up, at least to scare him that I may take him to court for criminal charges and he knows this. I really just want to be left alone.
There are two issues...
1-
At Summons Meeting, asked for Revenue Agent Delegation Order from the Secretary giving him Authority to Summons me for Books and Records and to issue Levies (he took money from my bank, twice). On tape recording he said several times he has such orders and now sends me a letter saying he has authority as per DO 5-3 (will post next)
I sent a "10 Day Notice to Cure" of a default that he must show me such orders.
Question-1: where can I find that DO 5-3 SPECIFICALLY only applies inside Federal Territory or NOT inside the union States and certainly not to people in the union States. Do I tie it back to Title 27?....what.
I shoule ask for the ACTUAL Delegation Orders. The Hardcopy. But then again, he may have it...so that may not work. Issue is AUTHORITY FOR SUBTITLE A, correct?
2- Conderning infamous missing 6331(a) I write:
Mr Crook, I am in receipt of two 'Notice of Levy' documents [01/23/07] delivered by US Mail. Both documents are signed by you and begin with paragraph [b]. Paragraph [a] is conspicuously missing from Section 6331. Is there a reason for this? The authority to levy is restricted to and contained within Section 6331(a) of the Internal Revenue Code which your documents conspicuously omit.
IRC 6331 - Levy and distraint.
(a) Authority of Secretary. If any person liable.... [in part states]
Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official). If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section.
[I continue....]
Section 6331 is the only authority in the entire IR Code that provides for the levy of wages and salaries, etc., and the "limitation" of that authority should be rather obvious that it pertains ONLY to certain officers, employees, and elected officials of the government and, their employer: the government.
Since I do not have accrued salary or wages or in other ways fit this description of a "person liable" under this section of the Code do you have another section you can provide me?
He writes:
"The copies of notices fo levy you received did not contain IRC section 6331(a) because the levies issued were not wage levies. IRC section 6331(a) is relevant only to wage levies. As I did not issue a wage levy, IRC section 6331(a) is not relevant. As a Revenue Officer, I have been delegated the authority to issue notices of levy to third party by DO 5-3.
Any help on strategy, much apprecitated!
thank you much,
h
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