The Secretary is WHO?

[scottinalaska]

My monthly IRS letter came today. (certified, which is only a couple times a year, why do they do that when all the others are regular mail?)This time it is #3219, a letter of deficiency(increase). Of course I'll respond honorably and timely, but at the end of their generous efforts in filling out a tax return for me, they say:
"We have filed for you as authorized by IRS Code section 6020(b)."
The code reads in part:"
"The Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise..."
Let's see now. My letter says, "We have filed..." Yet the code seems to indicate an individual known as "the Secretary" will do this filing.
Can he delegate that authority? Should that not be mentioned in the very statute they are referring to that they do not quote?
Yet here: TITLE 26, Subtitle F, CHAPTER 80, Subchapter A, Sec. 7801 Powers and duties of Secretary:
Except as otherwise expressly provided by law, the administration and enforcement of this title shall be performed by or under the supervision(italics mine) of the Secretary of the Treasury. ((b) Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1078)
Now it sounds like it could be under his supervision and not him/herself.
Finally it comes to this:
I will respond and respond, they will ignore and ignore. I know this from four years of realizing that I am not a taxpayer. I am protecting assets slowly in case their big guns come out. But reality is perhaps I shouldn't even address these little(maybe big) issues in my letters back. If I do address them, I say, "I am happy to accept your notice of deficiency and pay you what you presume I owe on proof that the Secretary has indeed filed and signed a form for me as prescribed by your code..."
No one likes to be ignored. But in this case, I wish the vIpeRS would ignore me completely or respond honorably.
Any thoughts on this, friends?
Scottinalaska

Scott.....

Here's a link the Internal Revenue Manual, the beginning of the section on the "Delegation" of powers, blah blah blah

You might find something in there. But as you have already said, they ARE going to ignore you--but not in the way you, or I, would prefer.

Happy hunting.

http://www.irs.gov/irm/part1/ch02s05.html

Randy

[scottinalaska]

Thanks Randy,

The following is the ONLY part with even the word, "Secretary" in it!

1.2.2.1.32 (09-26-1994)
Delegation Order 133 (Rev. 8)
The authority to deny, withdraw, or terminate clearances based upon security implications is not granted by this Delegation Order. Such authority is held by the Director, Office of Security, Department of the Treasury, as delegated by the Secretary of the Treasury and the Assistant Secretary (Management).

But you are right, they probably don't care or won't read. Sometimes in my letters, I write, "And if you are still reading this,..." Around Christmas, I include our Christmas letter. I think I'll include some local coupons this time.
s

[weishaupt1776]

http://forum.suijuris.net/showthread.php?t=2313

This is WHO the secretary is in regards to the application of the code in Subtitle F. http://forum.suijuris.net/showpost.p...86&postcount=7


I couldn't believe I missed it at that time. But they got us barking up the wrong tree, no odoubt.

[sadie]

Internal Revenue Manual 5.1.11.6.10
IRC 6020(b) Authority
1. The following returns may be prepared, signed and assessed under the authority of IRC 6020(b):
A. Form 940, Employer’s Annual Federal Unemployment Tax Return
B. Form 941, Employer’s Quarterly Federal Tax Return
C. Form 943, Employer’s Annual Tax Return for Agricultural Employees
D. Form 720, Quarterly Federal Excise Tax Return
E. Form 2290, Heavy Vehicle Use Tax Return
F. Form CT–1, Employer’s Annual Railroad Retirement Tax Return
G. Form 1065, U.S. Return of Partnership Income.
Pursuant to IRM 1.2.2.97, Delegations of Authority, Order Number 182 (rev. 7), dated 5/5/1997, revenue officers GS-09 and above, and Collection Support Function managers GS-09 and above, have the authority to prepare and execute returns under IRC 6020(b).


No 1040 form listed here.

[leatherlips]

On the catfreedom.com site, on the 02-17-05 arcived show, Sherwood Rodregas says to respond to the IRS with: " This is not applicable to me a son of God, not a son of man. You are to cease and desist in all such nefarious terrorist activities against me forthwith. Rodregas vs Ray Donavan 85 769 Fed2 1344." Michael Grady says you can also say: " I don't understand the meaning of your words. Please put it in writing and sign it under pain of purjury." You are not accepting their offer, but you are not going into dishoner eather.