CP-518 and Notice of Potential Thrid Party Contact

#1 07-20-2004, 08:43 AM

I am curious if anyone has expertise in dealing with Letter CP-518 and the accompanying Notice of Potential Third Party Contact?

Having read the few recent posts on the subject, I am unsure how exactly to word a response to conditionally accept a letter. Any assistance is appreciated.

Thank you.

weishaupt1776 · #2 07-20-2004, 11:11 AM

truthextractor,

I did an advanced google search limiting my hits to famguardian.org only

copy & paste this into the search bar:

site:famguardian.org CP 518

Use the facts within those hits for your material

If a conditional acceptance is drafted-I was taught- a negative avertment should also be drafted

I tell ya-I just joined groups.yahoo.com/group/lawwork/

and downloaded the files & am ordering the accompanying disk.

This guy is shootin the "8 ball in the corner pocket"

rushpat · #3 07-20-2004, 05:55 PM

Does this 'third party contact' mean a 3rd party debt collector? If so, then handling them may be easier. Look up the cites on debt collectors here in the forum. Asking for assignment of debt, license to do business in the state, validation of debt, etc should help.

Libertarian · #4 08-12-2004, 04:54 PM

Quote:

Does this 'third party contact' mean a 3rd party debt collector?

I don't think so-- I think it means a Notice to you from the IRS that they are going to ask 3rd parties (your employer, your bank, whoever) to squeal on you. I think your remedy should be with those parties??? (Guessing only).

#5 08-14-2004, 12:29 AM

I THINK YOU'RE RIGHT LIBERTARIAN.

I RECEIVED THE SAME NOTICE A COUPLE MONTHS AGO AND REQUESTED FOR THEM TO PROVE TO ME THAT I WAS A TAXPAYER.

I HAVEN'T RECEIVED ANYTHING YET BUT MOST LIKELY THEY WILL SEND ME ANOTHER COMPUTER FORM WITH SOME BOGUS AMOUNT THAT THEY WANT TO COLLECT ON.

WE'LL SEE WHAT HAPPENS.

dochand · #6 08-14-2004, 12:34 AM

It's my understanding that it would be the simplest route to take by using your remedy. Just send them a CPN and be certain to have it notarized. This discharges the whole enchilada. Then you can move on to bigger and better things by freeing up your valuable time.

Just a thought on the matter.

Doc

rushpat · #7 08-16-2004, 03:26 PM

The problem with sending them anything besides cash or check is that they will either complain that what you sent wasn't 'acceptible' or pretend they never got it and continue their confiscatory behavior.

I wish it were that simple.

weishaupt1776 · #8 10-07-2004, 11:04 AM

[color=black][b]Here's the procedure the IRS is SUPPOSED to follow regarding Third Party Contacts in the collection process.

5.1.17Â* Third-Party Contacts

What you do , is draft 'em certified & attach or refer them to the manual number or weblink & put them on notice to follow the procedure or provide you with any information that overrides this procedure.

iamfreeru2 · #9 10-07-2004, 11:45 AM

[QUOTE from Weis]

Use the facts within those hits for your material

If a conditional acceptance is drafted-I was taught- a negative avertment should also be drafted[/quote]

Be careful with negative averments and how you draft them. Black's Law 6th says:

Negative Averment. "As opposed to the traverse or simple denial of an affirmative allegation, a negative averment is an allegation of some substantive fact, e.g.,

that premises are not in repair, which, although negative in form, is really affirmative in substance, and the party alleging the fact of non-repair must prove it."

When you draft a negative averment make sure you can prove what you are asserting. The party you are giving the negative averment does not have to prove what is asserted. The one making the assertion does. Try to put in a positive from so there must be a response unless you can prove what you are saying. For instance, I put in a Conditional Acceptance: "All charges are conditionally accepted upon proof of claim that the foreign BoE is Not sufficient as to form, substance, and amount. Got back a letter stating that no response is required because it was legally inaffectual. They knew we could not prove what was asserted because we would have to go to John Snow to do that and he is not talking. We changed the Conditional Acceptance as follows: Upon proof of claim that we were presented with any documents and/or evidence demonstrating that the foreign BoE is insufficient. You can see how we changed the wording so now it must be responded to.

Be very careful how you put documents together and make sure a response is required and they cannot answer what you are asking them. Build a record of evidence against them. Getting their stipulation by non-response I have found is evidence that will nail their butts.

iamfreeru2

iamfreeru2 · #10 10-07-2004, 11:58 AM

Quote:

It's my understanding that it would be the simplest route to take by using your remedy. Just send them a CPN and be certain to have it notarized. This discharges the whole enchilada. Then you can move on to bigger and better things by freeing up your valuable time.

Just a thought on the matter.

Doc

Doc,

I am in agreement with Rushpat. It is not that simple. A friend of mine has tenderd around 8 BoEs for the same claim from the IRS and all has been ignored. We are now in the process of getting the stipulation that the BoEs are sufficient. Once that is done the Chief Counsel of the IRS will be drafted with the evidence of the stipulation.

iamfreeru2