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Old 02-20-2008, 07:44 AM
quadll quadll is offline
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Statutes vs Regulations

I am looking for case sites that talk about the difference between regs and statutes. Specifically ones that talk about how the regs are not law and only the statutes are the law. Also isn't there a case that say the regs are for agencies to use and they are bound by them, not the public?

I trying to write an appeal to the IRS in regards to letter 2800C claiming to be able to change withholding. The letter is not supported by a statute giving them the authority to do so.

Thanks,

Bill
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Old 02-21-2008, 07:32 AM
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weishaupt1776 weishaupt1776 is offline
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Bill, hate to bum you out, but this premise is a nowhere argument

There ae cass which state what you ar saying, but in non-income tax cases

Remember, all the laws apply - except in income tax cases
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Old 02-21-2008, 05:09 PM
sheisaceo sheisaceo is offline
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Quote:
Originally Posted by quadll
I am looking for case sites that talk about the difference between regs and statutes. Specifically ones that talk about how the regs are not law and only the statutes are the law. Also isn't there a case that say the regs are for agencies to use and they are bound by them, not the public?

I trying to write an appeal to the IRS in regards to letter 2800C claiming to be able to change withholding. The letter is not supported by a statute giving them the authority to do so.

Thanks,

Bill

Bill sometimes appeals do work, but they are in control. What was the reason for the change in the withholding? This was seen recently where someone hadn't filed for over 10 years and suddenly gets a notice similar to this but sent to the employer and the employer allows an unreasonable amount of time to lapse for response unfortunately.
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Old 02-23-2008, 01:34 PM
quadll quadll is offline
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The notice was the second I have received in the past 2 years. I was able tostop the first one with and appeal letter stating various facts and the IRS stopped the lock-in letter. This time I was to strengthen my letter with cases about the regs vs statutes to stop them. I have not filed since 2003, so the letter is in response to this, to try and increase my witholding to get some form of taxes from me since I am a non-filer. I will ad that I am in the process of acquiring my state national status here in California, which is proving to be more effort and work then we had thought.

Bill
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