Maryland state income tax...

hello all!

well, maryland has decided to join the fray for "my" alleged 2000, 2001 returns by sending an "information request" letter looking for my "state return."

should i ignore this, or should i send a VoD? there is no amount, just a "hey, the IRS says they have a return, but we don't have our equiv, so where is it?"

any other opinions?

jon

[rushpat]

Definitely answer. Indicate that there was no return that year, and no taxable activity or taxable income.

[Bird]

jmunson:

I agreee that you should answer. Let them be the ones who do not answer your correspondence. This comes back later down the line and you want there to be no doubt as to which is the dishonorable party (this works best if it is not you). A VOD wouldn't make much sense because they are not asking for money at this point.

should i write the letter from the sovereign perspective, as i have been doing with the IRS or as the STRAWMAN?

should i put in a "future correspondance must be to the sovereign, otherwise mail will be returned, refused for cause" clause?

should i put in that the IRS has made an egregious (sp?) error and have refused to cooperate in the matter?

jon

btw, thanks much guys!

jon

[rushpat]

So, are they saying that there is a Fed return, so why not a state return? If this is what they are saying, did you really file a Fed return, or did the IRS submit a substitute because you didn't?

If the IRS made one up, then you can tell the state guys that the IRS has errorneously submitted one where there wasn't one, and you are dealing with them to clear this up.

If they keep on, ask them to please indicate what taxable activity, occupation or privelege they believe you were involved in that would require a return. Indicate that you are not looking for numerical totals, but evidence that you did something that was taxable, what that was, and what they are relying on to determine that whatever they claim was taxable. Income taxes are excise taxes, which means an activity.

Always put the burden back on them to prove things.

here's the opening paragraph of the letter:

We have received information from the Internal Revenue Service indicating that adjustments were made to your federal income tax return for the year referenced above. However, we cannot locate a Maryland income tax return filed under your name and social security number for the same year.

as you can see, they assume a return is at the IRS.

the IRS created a return without my authorization in response to received 1099s from a certain business entity for the years in question.

at any rate, the answer to your question is yes, so that is the course i'll proceed upon...

thanks rush! as always, you are a font of knowledge in these matters...

jon

[rushpat]

I would hold off on challenging them to prove taxable activity until you get their response to your letter telling them that there was a screw up in the IRS records and that there was no Fed return for that year, and you are working with them to clear it up. It's up to you if you want to qualify that by stating that no taxable income/taxable activity happened that year. Maybe start simple.

Just what I'd do...

here's what i'm going to send them:

COMPTROLLER OF MARYLAND
Compliance Programs Section
301 West Preston Street
Room 404
Baltimore, Maryland 21201

Re: INFORMATION REQUEST – RARNF; Notice No’s. 1969439041127, 1969440041127; Case No’s. 002336104, 002336105; Account Years 2000, 2001

REPLY TO INFORMATION REQUEST

I have received your INFORMATION REQUEST as noted above.

Please note that the INTERNAL REVENUE SERVICE has made material and factual errors regarding the above by submitting returns when there were none originally.

I am in contact with them to resolve the matter.

Yours in honor,



Jon Carl; Munson II

comments anyone?

thanks in advance!

jon