Ltr 2800c

[gracie]

The IRS sent my husband's employer an LTR 2800C. By the time we received a copy of the letter it was too late to reply. They changed the marital status to single and withholding allowances to 0. What can we do about this? Or, isn't there anything we can do. I thought the employer and IRS didn't have the right to change the w-4.
Thanks,
gracie

[sheisaceo]

You can call the IRS and ask them to begin with. 18008291040. I have had good success with just asking. Of course, I am not really doing much with the IRS anymore.

[mrg]

Originally Posted by sheisaceo

You can call the IRS and ask them to begin with. 18008291040. I have had good success with just asking. Of course, I am not really doing much with the IRS anymore.

"Asking" can work well.

If you call and get someone who is "not nice" hang up right away and call back.

Don't argue with them or waste your breath on them, just hang up.

Keep doing it until you get someone who will behave decently.

I do this with any bureaucracy, and there is generally someone reasonable.

[quadll]

Did you receive the same 2800C letter at your home?

Did your husband get a copy of it at work within 10 days of the letter being received at his work?

What is the date of the letter?

When was it received when was the date stated the withholding would change? You should call this number:1-866-791-0289. Tell them you were not properly notified by them or the employer and you need time to respond to their claim. You will probably get no real answer from them as I am dealing with the same issue. You have 30 days from the receipt of the letter to respond to try and stop the action. I stopped one 2 years ago and I am trying to halt this one in the same way.

Can you give a little more background on your situation withfiling not filing, exempt W-4 etc?

Bill

[gracie]

Originally Posted by quadll

Did you receive the same 2800C letter at your home?

Did your husband get a copy of it at work within 10 days of the letter being received at his work?

What is the date of the letter?

When was it received when was the date stated the withholding would change? You should call this number:1-866-791-0289. Tell them you were not properly notified by them or the employer and you need time to respond to their claim. You will probably get no real answer from them as I am dealing with the same issue. You have 30 days from the receipt of the letter to respond to try and stop the action. I stopped one 2 years ago and I am trying to halt this one in the same way.

Can you give a little more background on your situation withfiling not filing, exempt W-4 etc?

Bill

First, I have to say that I wouldn't call them because I don't trust them. I do everything in writing. His w-4 claimed 6 and he signed it using ucc 1-207. The letter was sent to work, not to our address. He didn't get a copy of it until after the 30 days. The letter was sent in July, 2007. Even though, we still wrote IRS regarding the fact we weren't properly notified, they ignored us. The letter was to go into effect immediately. We haven't paid taxes since 1994.
I sent a letter to IRS stating such things as:

IRS Manual Supplement, July 31st, 1978, "The employer has no legal obligation to intervene with the employee"(regarding W4).
Also regarding the w4, "the employer is not authorized to alter the form or to dishonor the employee's claim. The certificate goes into effect automatically" (U.S. District Court Judge Huyett, United States v. Malinowski, 347 F. Supp. 352 in 1992)

According to the USGAO report dated 09/15/03, which
stated in part,"Under current law, the IRS does not have
statutory authority to impose a penalty to enforce
employer compliance with the reporting requirement. The
reporting requirement was promulgated in Treasury
regulations."

The IRS has no authority under any Congressional enactment to alter or change my W4 form. The IRS has no regulation which has an enabling statute to allow the regulation to exist that interferes with my withholding forms.
IRC 3402n clearly states that the employer is not allowed in any way to alter the withholding certificate submitted by the employee. Your lock-in letter in denial of my appeal has no basis in law.
Of course, they didn't respond.
My husband also presented this information to his employer. It made no difference.
Thanks for any help!

[sheisaceo]

Originally Posted by gracie

The letter was sent to work, not to our address. He didn't get a copy of it until after the 30 days.

Bastards! They did that on purpose. Arguing with them does not help at this point.

The employer could be subject to suit. Who would want to work for someone that would roll over on you like that?

[gracie]

Originally Posted by sheisaceo

Bastards! They did that on purpose. Arguing with them does not help at this point.

The employer could be subject to suit. Who would want to work for someone that would roll over on them like that?

You're right, they are bastards! They've done all they could possibly do to anyone years ago-back when I was totally stupid. They can't do much more to us. It's very hard finding information about this lock-in letter. I'll keep searching for information. Do you know of any other forums similar to this one?
Thanks

[sheisaceo]

Try www.losthorizons.com

Please keep in mind that the author is going round and round with the IRS presently himself. Did you capture your STRAWMAN?

Also please see http://www.suijuris.net/forum/genera...-iii-book.html

Some of the information is outdated with new law and that is by design. Verify your contentions and then kick their asses.

[gracie]

Originally Posted by sheisaceo

Try www.losthorizons.com

Please keep in mind that the author is going round and round with the IRS presently himself. Did you capture your STRAWMAN?

Also please see http://www.suijuris.net/forum/genera...-iii-book.html

Some of the information is outdated with new law and that is by design. Verify your contentions and then kick their asses.

Thank you for the help! Your one question just opened my eyes. Did you capture your STRAWMAN? I never knew about this. Thank you!

[sheisaceo]

If you need help with forms and direction go to:

http://www.givemeliberty.org/

They have reps for your state. Mine send me everything on cd for a donation and so far it echoes what Vic Beck says regarding sovereignty. All along when people talked about redemption, I thought that they were bible beaters but I know better now.

Good luck with that. All I started another site at:

http://groups.google.com/group/sjrfc

There is opinion that there is other remedy aside from copyright (+) and that is abatement cancellatura but please keep in mind that I am not up to speed on this as of yet and it is not my primary focus and it for you to decide what is best for you.