IRS must respond

Ice · #1 09-23-2003, 04:08 PM

Can someone tell me where I can find the cite in regards to the IRS responding to mail/letters/inquiries??& For some reason this has disappeared from my vast number files.

Ice · #2 09-23-2003, 04:08 PM

Can someone tell me where I can find the cite in regards to the IRS responding to mail/letters/inquiries??& For some reason this has disappeared from my vast number files.

suijuris · #3 09-23-2003, 04:12 PM

Ice, was it somewhere on the family guardian site perhaps? I do not remember hearing of this process.

I know We The People have been trying to get the IRS to respond for some time now. Changing the subject I know, but maybe someone should tell WTP about notorial protest. Do you think that would be applicable to their mission, since the IRS will not respond?

suijuris · #4 09-23-2003, 04:12 PM

Ice, was it somewhere on the family guardian site perhaps? I do not remember hearing of this process.

I know We The People have been trying to get the IRS to respond for some time now. Changing the subject I know, but maybe someone should tell WTP about notorial protest. Do you think that would be applicable to their mission, since the IRS will not respond?

Jerseee · #5 09-25-2003, 11:21 PM

Ice,

Here si the site for the Code:

http://www4.law.cornell.edu/uscode/26/

Happy Hunting.& I apologize for not being specific but this should get in the area you need to be in.

Jerseee · #6 09-25-2003, 11:21 PM

Ice,

Here si the site for the Code:

http://www4.law.cornell.edu/uscode/26/

Happy Hunting.& I apologize for not being specific but this should get in the area you need to be in.

#7 03-07-2004, 07:56 PM

Hey, Ice...

Been lookin' for the last couple of hours! I can't find it and I'm "supposed" to know where that it.

I like this link, too, for Title 26:

http://www.fourmilab.ch/uscode/26usc/www/contents.html

Has all the chapters, subchapters, blah blah blah on one "page" so you can see 'em all at once....

I'll keep looking....

Randy

James · #8 03-07-2004, 10:45 PM

Ice<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o

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>>Can someone tell me where I can find the cite in regards to the IRS responding to mail/letters/inquiries??& For some reason this has disappeared from my vast number files.<<<o

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“Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority… and his is so even though as here, the agent himself may have been unaware of the limitations upon his authority.” Federal Crop Insurance Corporation v. Merrill, 332 US 380, 384 (1947).<o

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“An individual may be under no obligation to do a particular thing, and his failure to act creates no liability; but if he voluntarily attempts to act and do a particular thing, he comes under an implied obligation in respect to the manner in which he does it.” Guardian T & D Co. vs. Fisher, 26 S.Ct. 186 at 188 (1906)<o

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Failure to reply to a “taxpayer” correspondence is in violation of “IR Manual” which states:<o

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[Chapter 3, at 3(17)(46)1.5, "Taxpayer Correspondence"]:<o></o>
& "(2) All correspondence received from taxpayers must be answered and the answer should indicate: 'This is in reply to your correspondence of such and such a date,' and explain the action taken, even if the action taken was exactly what the taxpayer requested."<o></o>
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The IR Manual mandate referenced above applies only to correspondence involving “taxpayers.” However, it is the Policy of the Internal Revenue Service to clarify legal questions pertaining to tax laws, as the IR Manual 1218 states:<o

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“P-1-156: Keeping the taxpaying public informed by communicating provisions of the law in understandable terms…”<o></o>
“P-1-179: Since taxpayers must compute their taxes under a body of laws and regulations, some of the provisions of which are complex, the Service has the responsibility of providing taxpayers with all possible information to assist them in the performance of their obligations,” and<o

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“P-1-180: The Service recognizes the people’s right to know about their tax laws and the manner in which they are being administered.”<o></o>
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Ice · #9 03-07-2004, 11:34 PM

James,

Thanks!... You have what I was looking for.& I had all this once before and lost it when our pc crashed.& It will be a long time before I can locate all the sources of info so that I can replace what I lost.

(Dealing with CRS [Can't Remember Squat] so must store all info in places other than my own "memory")

Thanks again.

Ice

#10 03-08-2004, 06:49 AM

ice/james/all,

using the cited "rules" is it possible that i could respond with something like "you haven't responded to my inquiry, attached, so i am not in possession of evidence showing proof of claim that there is a debt upon which to attach deficiencies, etc."

the correspondance i sent (per the suggestion of someone else) is thus (how do i attach a file here?):

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Director of International Operations & Date: 08/17/2002& <o

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Internal Revenue Service<o

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Washington, D.C. 20224& Certified Mail& #:& 7000 1670 0007 7715 0419<o></o>
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Ref:& Jon&[Name]& Former Soc. Sec. #:&[SSN]&&& <o

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[Address]&& <o

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<H1 style="MARGIN: 0in -0.5in 6pt 0.3in">FILING STATEMENT FOR TAX YEAR 2000 IN AFFIDAVIT FORM<o

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<H1 style="MARGIN: 0in -0.5in 6pt 0.3in">Pursuant to 26 USC §§6011, 6012, 6103, 6213(g) and 7203.</H1>
Dear Director,<o

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One, Jon&[Name], being of sound mind and of the age of majority, having firsthand knowledge of the facts and law being addressed in this Filing Statement for the tax year (year filing), in Affidavit form, do hereby declare the following:<o

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This is a return, for the year 2000 as One can at best define at 26 USC §§ 6103 and 6213(g) of the Internal Revenue Code, and 26 CFR § 301.7216-1(b)(1). This return is filed in lieu of an Internal Revenue Service Form 1040 series and satisfies the requirements of IRC § 6012.& One has read the law and understands that all past filings of Internal Revenue Service Form 1040 by me have been in error. My past misunderstanding of the law does not in any way reflect recognition on my part of any legal requirement or authorization to file Form 1040 and/or 1040A and/or 1040EZ and/or 1040SS. The assigned OMB number identifies the class of individual who is required to file those forms. One is not of that class of individual defined.<o

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Title 26 USC § 6012, states that every person liable for any income “internal revenue” tax must file a return or statement as provided by law.& For the reasons stated herein, One believes that One, is not liable for any internal revenue income tax or filing requirement.& However, this statement is filed in order to avoid ambiguity or confusion regarding my filing requirement and status as well as to avoid any possible sanctions for failure to file. If One is incorrect in my understanding, One directs you to immediately inform me of my mistake and identify the Form or Statement One is required to file, if any.<o

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Return. - The term “return” includes any return, statement, schedule, or list, and any amendment or supplement thereto, filed with respect to any tax imposed by Subtitle A or B, or chapter 41, 42, 43, or 44. This Statement complies with all legal requirements and is a statement or return within the meaning of 26 USC §§6011, 6012 and 6213(g):& <o

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The question as to which statute controls a duty to file an income tax return is the subject of many judicial disputes by the top legal minds of this country as evidenced by the following. <o

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In Commissioner& v. Lane-Wells Co., 321 U.S. 219, 222, 64 S.Ct. 511, 513 (1944), the Court noted that § 54 of the 1939 Internal Revenue Code, the predecessor for Internal Revenue Code § 6001, related to the filing requirement; see also Updike v. United States, 8 F.2d 913, 915 (8th Cir. 1925).& In True v. United States, 354 F.2d 323, 324 (Ct.Cl. 1965), United States v. Carlson, 260 F.Supp. 423, 425 (E.D.N.Y. 1966), White v. Commissioner, 72 U.S.T.C. 1126, 1129 (1979), McCaskill v. Commissioner, 77 U.S.T.C. 689, 698 (1981), Counts v. Commissioner, 774 F.2d 426, 427 (11th Cir. 1985), Blount v. Commissioner, 86 U.S.T.C. 383, 386 (1986), and Beard v. Commissioner, 793 F.2d 139 (6th Cir. 1986), these courts held that Internal Revenue Code § 6011 related to the filing requirement. In United States v. Moore, 627 F.2d 830, 834 (7th Cir. 1980), United States v. Dawes, 951 F.2d 1189, 1192, n. 3 (10th Cir. 1991), and United States v. Hicks, 947 F.2d 1356, 1360 (9th Cir. 1991), those courts held that Internal Revenue Code §§ 6011 and 6012 governed this duty. In contrast, the cases of Steinbrecher v. Commissioner, 712 F.2d 195, 198 (5th Cir. 1983), United States v. Bowers, 920 F.2d 220, 222 (4th Cir. 1990), and United States v. Neff, 954 F.2d 698, 699 (11th Cir. 1992), held that only § 6012 governed this duty. But in United States v. Pilcher, 672 F.2d 875, 877 (11th Cir. 1982), none of the above sections were mentioned and it was held that §7203 required returns to be filed. <o

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It is apparent that there exists an extreme vicissitude of opinion in the federal courts regarding which statutes govern the requirement to file income tax returns.<o

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If the Federal District Courts, Tax Court, Court of Claims and the Supreme Court cannot definitively decide the fundamental question as to which section of the Internal Revenue Code requires the filing of an income tax return, whether the tax imposed is an excise or a direct tax, it is obvious that the average American, not educated in the law, will have great difficulty in understanding the tax imposed and this basic question on filing requirements, the species of the tax, among many other questions.& <o

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Since the courts are so deeply split over this issue, how can anyone understand the law in an atmosphere of judicial incertitude?& Due process requires that the law be such that the duty imposed is unambiguous and those subject to it are able to understand the law. This is not the case with Title 26 USC or 26 CFR implementing regulations.<o

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In 1913, a debate on the Senate floor, regarding the first income tax act under the 16th Amendment was held. Senator Elihu Root commented about the complexity of that first law. <o

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“I guess you will have to go to jail. If that is the result of not understanding the Income Tax Law I shall meet you there. We shall have a merry, merry time, for all of our friends will be there. It will be an intellectual center, for no one understands the Income Tax Law except persons who have not sufficient intelligence to understand the questions that arise under it.”<o></o>
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All the confusion over an eighty-page Act then, is exponentially compounded by the current ten thousand page, plus, internal revenue code 26 USC, along with more than thirty thousand pages of implementing internal revenue regulations 26 CFR and some unauthorized for IRS usage from 27 CFR.& <o

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In light of this judicial uncertainty, One is doing my best to understand and comply with the law and regulations. In light of the courts’ and indeed of the Congress’ inability to comprehend and agree with the interpretations within the internal revenue laws, One cannot be held responsible for any misunderstanding of internal revenue law, which One may have. Since there are no consistent rulings upon which One can depend, One is merely doing what One considers as true, correct and lawful. The Internal Revenue Services’ guidance to me in this matter is absolutely essential and is hereby demanded by rebuttal Affidavit.<o

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Title 26 USC § 7701(a)(14) defines a taxpayer as follows:& “The term “taxpayer” means any person subject to any internal revenue tax.”& The phrase “internal revenue tax” does not appear in the Internal Revenue Code until Subtitle E: Alcohol, Tobacco and Certain Other Excise Taxes.& 26 USC § 5005, entitled “Persons Liable for Tax”, provides that proprietors of distilled spirit plants are the persons liable for internal revenue tax. Since One is not the operator of a distilled spirit plant, One is not, by that definition, subject to any internal revenue tax, and therefore, One is not, by definition, a “taxpayer”.& <o

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Any past admissions that One was or am at present a “taxpayer” have been made in error and according to the court;& <o

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“In the interpretation of statutes levying taxes, it is the established rule not to extend their provisions, by implication, beyond the clear import of the language used, or to enlarge their operations so as to embrace matters not specifically pointed out.” [/i]&Gould v. Gould, 245 U.S., 151.<o

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One is not authorized to file any form in the Form 1040 series or any other form pertaining to any internal revenue tax for the following reasons:<o

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1. One has not been able to identify any IRS form in the 1040 series, which displays an OMB number relevant to 26 CFR §1.1-1 and §1.11-1.& One cannot file under penalty of perjury a form, which One knows to be the incorrect form for me.<o

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2. One can find no section of Subtitle A, which makes me liable for Subtitle A (income) taxes, and meets the requirements of the Paperwork Reduction Act in providing an OMB number which ties a liability section with Form 1040. Therefore, One firmly believes that One has no liability for Subtitle A taxes and therefore no requirement or authorization to file Form 1040 or any other form relative to Subtitle A (Tax Class 2).& <o

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This return has been mailed to the proper address published in 26 CFR.& The Internal Revenue Service Centers no longer have the authority to receive and process income tax returns.& Delegation Order 99 which authorized the Service Centers to receive and process returns, was declared obsolete, such authority having been transferred via the functional statement published in IRM 1100, at 1117.22.& The IRM 1117.22 has also been declared obsolete, and no authority has superseded or replaced it.& The only office listed as authorized to receive returns is the Director of International Operations according to 26 CFR § 1.6091-3.& <o

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Regulation at 26 CFR § 1.6091-4 provides an alternative to filing a return in a required district.& Therefore, if this return is filed in the incorrect venue, the director will please forward the return pursuant to 26 CFR § 1.6091-4(a)(2) to the proper destination and inform me of that location.<o

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As there are presently no internal revenue districts authorized by law, it is difficult for one to know exactly what is to be filed, when or where. Perhaps a review of the following will explain my confusion with the matter:<o

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Title 26 USC §7621 requires the President to establish “internal revenue districts”. Even if One wanted to volunteer, it would be impossible for me to comply with any alleged requirement to file Form 1040, in that the Internal Revenue Service has no internal revenue districts assigned and therefore no District Directors exist to whom One could possibly send a return 1040 as per the following: <o

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1.& Section 7621-- Internal Revenue Districts.<o

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(a) Establishment of revenue districts.<o

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 The President shall establish convenient internal revenue districts for the purpose of administering the internal revenue laws. The President may from time to time alter such districts.<o

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Via Reorganization Plan 3 of 1940, President Roosevelt reassigned duties of the Federal Alcohol Administration to the Bureau of Internal Revenue, thereby abolishing an agency Congress established by law in 1935, then via Reorganization Plan 26 of 1950, President Harry S. Truman abolished offices of internal revenue assessors and collectors that had existed since 1862 legislation. But these changes did not adversely affect the American people at large. Since implementation of the Internal Revenue Code of 1954, there have been no Federal internal revenue districts in the several States. The Internal Revenue Code limits IRS assessment and collection activity to whatever revenue districts are established under authority of 26 USC § 7621.[/i] The vast majority of Internal Revenue Code taxing authority is geographical in nature and is limited to the District of Columbia and insular possessions of the United States, exclusive of the 50 States of the Union.<o

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In 1998, via Executive Order #10289, as amended, President William J. Clinton authorized the Secretary of the Treasury to establish revenue districts under authority of §7621 of the Internal Revenue Code. Although § 7621 isn't listed in the Parallel Table of Authorities and Rules, E.O. #10289 is listed. The implementing regulation is Title 19 of the Code of Federal Regulations (CFR) Part 101. The regulation establishes “customs collection offices”[/i] in each state of the Union; it does not establish internal revenue districts. A note at Part 301.7621-1 of Title 26 of the Code of Federal Regulations confirms that E.O. #10289 is the only authority for establishing revenue districts.<o

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The Internal Revenue Service has no jurisdiction in Maryland and other States of the Union to enforce the internal revenue tax laws, as there exist no “internal revenue districts[/i]” pursuant to §7621, within the 50 Union states. The Federal tax enigma is resolved to a certain extent in understanding that there is another application of tax other than the geographical. Most of the reorganization plans, executive orders, etc. are intra-governmental in nature. The application is for government agencies and personnel, not the general population of the 50 Union states of the united States of America. <o

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The term "income" is not defined in the Internal Revenue Code; see United States v. Ballard, 535 F.2d 400, 404 (8th Cir. 1976).& One did not receive "income" as defined in the Code of Federal Regulations at 26 CFR § 1.643(b)-1, which is the only definition of "income" published in the Internal Revenue Code or its corresponding internal revenue regulations.& <o

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In Nicholas v. Fifteenth Street Inv. Co., (1939, CA10 Colo.) 105 F2d 289, 39-2 USTC ¶ 9571, it was ruled that the power of Congress to lay and collect tax on income cannot be extended by legislative definition of the term “income”. <o

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Since One did not receive "income" or income from any “source”, as identified by the Secretary for purposes of the income tax, One did not receive "gross income", and One did not have "taxable income". One has had no “earned income”, or income from any “source” as defined by 26 USC §861 and 26 CFR 1.861(8). Generally, as the only “source” for income tax purposes promulgated by the Secretary is contained in this section, One has no federal income tax liability, as One has no income from any source listed.& The term "earned income" means wages, salaries, professional fees, and other amounts received as compensation for personal services actually rendered including the fair market value of all remuneration paid in any medium other than cash. Earned income is foreign earned income, and must come from sources wholly outside the United States, as evidenced by 26 CFR § 1.911-3, and IRM 3(38)(147) 7.1.<o

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The face of Form 1040 indicates that it originates with the “Department of the Treasury, Internal Revenue Service”.& One cannot determine who or what this “agency” is, or when or how it originated. Apparently, neither the Department of Treasury nor the National Archives or Records Administration is able to determine who or what the “Internal Revenue Service” is. One cannot file any private financial information with the “Department of the Treasury, Internal Revenue Service”, since the IRS and Commissioner of Internal Revenue Service are entities of unknown power and duties. No confidential financial information will be provided to either, nor agents of either, unless and until One is provided with the documents, which state the origin, powers and duties of these entities, duly recorded in the Federal Register.<o

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It appears that the “Internal Revenue” is the Puerto Rico special (trust) fund, as evidenced by 31 USC § 1321 (62), and “internal revenue” is the Philippines special (trust) fund, as evidenced by 31 USC § 1321 (2).& One has incurred no liability to either the Philippines special fund or the Puerto Rico special fund. It may be a quaint notion, but possibly the Internal Revenue Service could publish in the Federal Register; it’s Structure and field offices and other recordings which are mandated by Congress for Agencies of Government by Title 5 USC §552(a). This certainly would be helpful to all and reduce the uncertainty One now feels with an agency of government, which is invisible to the law. <o

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The Form 1040, if processed, would be processed under the supervision and authority of the Commissioner, Internal Revenue Service. No authority appears to exist for this officer to administer taxes, other than wagering taxes under Treasury Delegation Order 221-3.& I have had no wagering income.& Therefore, One has no filing and/or tax liability with this Officer.& Further, One has not been able to locate any statute, regulation or other document, which authorizes and/or creates the office of Commissioner, Internal Revenue Service.<o

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One is not the "individual" described at 26 CFR § 1.6017-1.& An individual is defined as a person who is liable for self-employment tax in the territories. For purposes of venue, TC 150 pertains only to the Virgin Islands. In Mills v. United States CIV-94-114-TUC-JMR (USDC AZ), a Freedom of Information Act lawsuit was instituted by Mr. Fred D. Mills, wherein he requested a copy of the documents indicating that Transaction Code (TC 150) on the Individual Master File, meant anything other than and/or in addition to the Virgin Islands.& The U.S. Department of Justice Tax Division stated that, “…no other responsive document exists.” This confirming that Transaction Code 150 means exclusively Virgin Islands, relevant to Venue, as is indicated at IRM 30(55) 4.2(29), now 30(55) 4.2(30). <o

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Based upon the nonexistence of any document other than IRM 30(55) 4.2 (29) discloseable under the FOIA, Mr. Mills stipulated to a dismissal with prejudice.& Therefore, the input of Transaction Code TC 150 (VIRGIN IS) on my Individual Master File Transcript for all years is a clear violation of the Privacy Act and Treasury Department Regulations. The information maintained by this system of records, is not accurate, relevant, timely, or complete and is maintained in a system of records not authorized pursuant to Title 5 USC §552(a). <o

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The status assigned to me by some entity within the Internal Revenue Service, of TC 150, is either computer fraud or an innocent error of input of data.& Whatever the case may be One demands an immediate correction of the error and a notification from you that the error has been corrected and informing me of the proper Transaction Code assigned to me.<o

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One has made no election for the Internal Revenue Service to make any return for me, pursuant to 26 USC §§6014 or 6020. The Form 1040 is not approved by the Office of Management and Budget for use in either Substitute Return procedures under 26 USC §6020(b) or deficiency/Substitute for Return procedures under 26 USC §6211.<o

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The Privacy Act System of Records 24.030, Individual Master File (IMF), Returns Processing--Treasury/IRS, is maintained on taxpayers who file Forms 1040 or power of attorney notifications.& Since a taxpayer is defined by law as one who operates a distilled spirit Plant and since One does not operate a distilled spirit Plant; the maintenance of any records in such system of records would violate the provisions of the Privacy Act and 31 CFR §§ 0.735-60 and 0.735-310. The records maintained would not be relevant, accurate or complete, and may be an indication of computer fraud.<o

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First and foremost, One is a natural person of the State of Maryland and of the united States of America and One has been so since birth. One is a non-resident alien to the UNITED STATES and its Territories, the situs of which is Washington, D.C., One is not a state or federal government employee, or a juristic personality and One has informed the IRS of these facts.& One is not nor has One ever been a non-resident alien “foreigner” for income tax purposes relative to the UNITED STATES. The non-resident alien ”foreigner” may have an income tax liability to the UNITED STATES anywhere within the American Empire, regardless of the source of the income. <o

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No constitutional right exists under the Ninth Amendment, or to any other provision of the Constitution of the United States, “…to trust the Federal Government and to rely on the integrity of its pronouncements.” MAPCO, Inc. v Carter (1978, Em Ct App) 573 F2d 1268, cert den 437 us 904, 57 L Ed 2d 1134, 98 S Ct 3090.<o

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One will be the first to admit that One does not have the intelligence to understand the tax law, as Senator Elihu Root commented in 1913. One does however have the intelligence to ask the questions. <o

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<H2 style="MARGIN: 0in -0.5in 6pt 0.3in">STATUTORY NOTICE</H2>
If there exists any error(s) in any of my facts or in any of the conclusions drawn from them, please indicate in writing with great specificity, such error(s) and any applicable correction thereto, in conformance with Rev. Proc. 88-1, and 89-1, within 30 days or a Default will be entered against you. The individual responding will sign the rebuttal Affidavit under penalty of perjury. Time is of the essence.<o

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Please supply documentation to support any contention on your part that One is or that One may be in error in any of the foregoing conclusions. If you do not respond in the time prescribed to this Filing Statement in Affidavit Form for the year 2000, One will assume that One is correct in my understanding of the tax code and that One is in compliance with the law.<o

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Jon [Name] declares under penalty of perjury, pursuant to the common law of the State of Maryland and the united States of America, that the forgoing is true, accurate, and complete to the best of my knowledge and belief, so help me God. <o

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___________________________________ Date: 08/17/2002<o></o>
<H5 style="MARGIN: 0in -0.5in 6pt 0.3in">Jon [Name]</H5>
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<H4 style="MARGIN: 0in -0.5in 6pt 0.3in; LINE-HEIGHT: normal">NOTORIAL<o

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<H3 style="MARGIN: 0in 0in 0pt; TEXT-INDENT: 0.5in">State of Maryland</H3>
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County of Prince Georges<o

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On this 08/17/2002, Jon [Name], came before me, a Notary Public, in and for the people of the State of Maryland. Jon&[Name] &is personally known by me, or proved by valid identification, to be the one whose name is subscribed to the above instrument, in my presence, and declared the truth of the above Statement Filing.& Jon [Name] specifically does not waive any rights by allowing the application of a Notorial or signature of the Notary Public as applied hereto. <o

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Seal& & & & _______________________________ & & & & Notary Public & & <o

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