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Old 06-17-2004, 10:51 AM
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rushpat rushpat is offline
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Unfair practices

Another thing that is interesting for those dealing with tax agencies and their inclination to start seizing things:

Quote:

§ 808. Unfair practices [15 U.S.C. § 1692f]



A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:



...



(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --



(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;


Would this be a security agreement? Anyone ever sign a security agreement with a tax collection agency?
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Old 06-18-2004, 08:18 PM
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Unfair practices

A security interest would require your signature on a type of document that gives them an interest in your property.



Barring any such contract -- they must take you to court. Until someone can prove me wrong, it is my belief that this type of code applies to taxing agencies.
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Old 01-14-2005, 06:14 AM
leatherlips leatherlips is offline
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Talking 12217 form

If you go to this site, http://www.irs.gov/irm/part13/ch01s15.html#d0e14068
you will find the 12217 form listed at the bottom of the page. It has 2 pages to it, so click on both to get the complete form. This form specifies the various offenses and details to TIGTA what procedure must be followed. They cann't evade it. For example: check box 7 for violation of the IRS One Stop Service Provider Policy when you get letters from many different locations by many different agents for the same reason. Send copies of the first page of each letter that you have gotten from different agents and different locations. Name each agent on a different 12217 form so that each will have a distinct charge against him/her. Also in regard to box 7, the policy of the IRS manual is that the agent must ensure that the person is liable before doing any levies or liens. In box 1, Willfully failing to obtain required approvals when making a seizure. Seizures must have the approval in writing from the Secretary of the Treasury AND the Attorney General. Did they do that with you? Box 3, Violating the constitutional rights of a taxpayer or employee. Isn't it a violation of the constitution to collect a direct tax without apportionment? The individual income tax is a direct tax and it has not been apportioned, at least that's what the U.S. Supreme Court has said.
Send your form to
TIGTA Office. Fraud Investigation
P.O. Box 589
Ben Franklin Station
Washington, D.C. 20044-0589
If they get a ton of these forms from us every time we get a letter from the IRS that has fraudulant info in it, it may start to curb some of their criminal activities.
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