IRS SUMMONS motion to quash

Greetings.


Got an IRS summons. I am about to put together a motion to quash, but, after reading a post from billymac, maybe an affidavit in lieu of a "motion" may be mo' betta.


Any thoughts?

[rushpat]

Can you give us any background? How did it get to the point of a summons from the IRS?

Sure.


I got a letter from IRS about an examination for not filing income tax return for the years 91-03.


I wrote the agent saying I will meet after about 30 days (in order to get info from a FOIA request). Of course, that upset him, but he agreed anyway after saying, "you can't decide on our meeting time...".


I faxed him a request to disclose pursuant to Privacy Act (one day before our scheduled meeting):


1. the statute or executive order.


2. is the information requested mandatory or voluntary.


3. how will the information be used.


4. what will happen if I do not provide the information.


He didn't answer. Got MAD! At the meeting (April 6-passover) he said, "I am not here to have a 'pissing' contest with you ", and served me the summons.


How's that for Public service?


Maybe a good idea:


I will transcribe the meeting (I recorded it, approx. 3min.)and if anyone feels that this agent acted in an abusive, bad faith & dishonorable manner, send a 1203 complaint to TIGTA (Treasury Investigator General Tax Advocacy). It can be done online in the form of an e-mail.


First, I will ask Sui Juris Administration, but it may be time to join in each others "fight" to show strength in numbers...


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[rushpat]

seeker, do you think the 'due process hearing' is something that only 'taxpayers' should do? I've been asking this in another thread.

I'd like to see how your 'affidavit in lieu of motion' is handled. You may want to talk to Flecompte about the Writs. I don't know enough yet, but he's also knowlegible on the issue of jurisdiction, in propria persona, etc, and is on the front lines in a court action right now.

Oh, and the summons is just a hearing in the judges chambers about what? Is this the formal prelude to suing you? Any specifics on the summons itself?

Originally Posted by seeklight

Got an IRS summons.

Summons from the IRS, or summons from court&instituted BY the IRS?


Randy

Folks...


This is a bullsh&%t IRS administrative summons. I got one, y'all may get one. Just lookinging to thrash the agent that issued it.


This is OJT for me, but, since we are sharing info on the forum...maybe pay close attention. I do not know everything, or even much, but I am determined to vaporize the bast%$rd that issued the summons.


Stay tuned.


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[Jerseee]

Seeklight,

Have you thought about asking for a settlement offer and then use your remedy?

If you go to the hearing, have you thought about taking a notary with you and have the notary swear in the agent since he/she will be testifying that you owe X amount of money?

I am assuming that the agent has first hand knowledge of the alleged debt.

Also, you can have the notary witness your signature on your CPN or Boe or whatever to discharge the debt. Just make sure that you have the Jurat's notice on the bottom of your note.

Or if you truly want to debate the issue, here is something that Ice posted today in the "Citizenship & Jurisdiction" forum

"Citizenship

One may be a citizen of a State and yet not a citizen of the United States. Thomasson v. State, 15 Ind. 449; Cory v. Carter, 48 Ind. 327 (17 Am. R. 738); McCarthy v. Froelke, 63 Ind. 507; In Re Wehlitz, 16 Wis. 443.
[McDonel v. State, 90 Ind. 320, 323]
[(1883) underlines added]


A person who is a citizen of the United States** is necessarily a citizen of the particular state in which he resides. But a person may be a citizen of a particular state and not a citizen of the United States**. To hold otherwise would be to deny to
the state the highest exercise of its sovereignty, -- the right to declare who are its citizens.
[State v. Fowler, 41 La. Ann. 380]
[6 S. 602 (1889), emphasis added]"

Or you can use this. I'm not sure if there is a claim against you or if this would even apply but the info can't hurt. This is an excerpt of a post from squirrels on a foreclosure issue.

"This is a gutsy way to attack it, but if you view this idea from Winston's point of view, you go into bankruptcy (which as stated above will halt all forclosure proceedings) to find out the assets of the CREDITOR! The creditor has to file a claim, and if you look closely at the bottom of the B-10 Proof of Claim form where the creditor's signature is required, it states: "Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to five years, or both. 18 U.S.C. 152 and 3571."




just some thoughts...what say you?

re:& bankruptcy & claim, discovery of assets, etc...


i, in order to get some order from my chaos, BEGAN the bankruptcy process but never finished it (and so, didn't declare bankruptcy, whew!) nearly a year ago.


this bought me the time i needed to get where i am today.


anyway, you'll have to PROVE UNEQUIVOCABLY the FRAUD.& VERY DIFFICULT with today's court system, etc.& to prove fraud is never easy and must be without doubt & with intent, etc.


to go that route = arguing = dishonor.


better to settle and discharge.


if you need time, start, but don't complete, the bankruptcy process...


my two cents...


jon

J


Even if you start and don't complete bankruptcy, it goes on your credit report for 10 years.


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[Jerseee]

Seeklight,

I think there is a difference between filing bankruptcy and declaring bankruptcy. I could be wrong but it seems one is an act the other is a threat or a "woof ticket".