Is it Judicial Notice time?

[scottinalaska]

I have been ever so honorable for three years responding to all IRS correspondance with various requests like verifying who I am (taxpayer), the debt, etc.

Never do they write back concerning any of this . For three years, I have included in most of my correspondance this:

[Chapter 3, at 3(17)(46)1.5, "Taxpayer Correspondence"]:

"(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."

Still, no response.

So, I need to compose a Judicial Notice, yes?

Any links for such corrspondence? I have searched for the past couple of hours and cannot find what I thought I found here a few months ago.

Thanks for either that direction or another tactic.

Scott

[rushpat]

So, are you, or are you not a taxpayer? Using that line above indicates that they should respond to you because you are a taxpayer. That's not a good idea.

or, because they DON'T do the "taxpayer correspondance" thingy, maybe he ISN'T a taxpayer by their own admission/omission...



jon

[Ice]

Judicial Notice is used in actual actions involving the court.



"Judicial Notice is the obligation of the court to adjudge certain known facts upon the record of THE CASE, provided that those facts are generally known within the court's jurisdiction and capable of accurate and ready determination by resort to sources whose accuracy cannot be reasonably questioned that the fact need not be otherwise "proved"."



In some matters the court has discretion as to whether or not to take Judicial Notice... and in other matters the court MUST take Judicial Notice. If moved to do so, the court does not have discretion to refuse to take Judicial Notice of facts that admit of no controversy, such as the controlling effect of the law within the courts jurisdiction.

[scottinalaska]

As JMunson so accurately puts, I <u>must </u>assume that I am NOT a taxpayer since they will not respond to anything I send. I can live with that.

BUT, every other month I must deal with yet another letter honorably, and I must say, they are getting better each time, but one time, I might mess up and I'd like to show that I have done due diligence by doing more than certifying every doggone thing and having a third person notaried send it, etc.

Perhaps I am looking for yet another silver bullet to slay the vampIReS and it doesn't exist because they are always roving looking for a dishonorable person to exploit.

So Judicial Notice isn't a logical step, I take it.

scott

i'm in the same boat scott - i'm getting those "solicitation" letters myself and am responding with a simple VoD & CPN yet am ignored. it is tiresome. i'd love for them to just "go away."



jon

[scottinalaska]

Well, at least today, I got a different letter, certified too!

It is NOTICE OF DEFICIENCY for a tax year that I diidn't file in AND they have already done my taxes for me requesting payment twice. Funny part was in three weeks, I got identical requests for the same year, but different amounts from different IRS preparers!

Gotta love that one!

Now though, I have the "NOTICE"

A little different flavor. Sure hope I don't slip up, but when I vacation in Ogden, I am definitely putting Mr. Parizek on my visitation list!

Anyone think he really exists?

scott

[SKYGZR]

Scott, you may want to aquire this:



http://www.jhdassociates.com/COMMERC...LEASE_3.0.html



yet, perhaps the 72hr window has already passed. (The Rule of 72, all presentments sholud be responded to within this time frame). Yet it's something that one should have in their arsenal.

however, fraud knows no time limits...

[scottinalaska]

SKYGZER,

Certainly a most excellent tool. I own it too! Would highly recommend it...but they keep on presenting me, those vIpeRS!

This last Notice on page 4 they tell me that since I have "Not shown that such failure was due to reasonable cause, an addition to the tax is charged as shown below..."

You'd think all my correspondance with honorable questions, including tax attorney opinions would amount to "reasonable." But perhaps I am being to UNreasonable in my attempt to say, let me paraphrase, "Leave me alone!"

scott