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IRS FORMS AND LETTERS

This page is reserved for forms and letters received by taxpayers from the IRS. They are for sample purposes only and all personal information will be redacted from any forms and letters provided by those individuals willing to share them.

THIS IS OUR STORY

But first, we are going to share our story with the IRS in chronological order. Perhaps the reader will find information that will help them in their fight with the IRS.

My troubles with the IRS began in 2011 wherein they said I owed more taxes for Calendar-Year (C/Y) 2009. I challenged the assertion with a legal affidavit and received a NO-TAX-DUE notice from the IRS. Then in 2012, the IRS said I owed more taxes for C/Y 2010 for the same and exact issue that there was NO-TAX-DUE for C/Y 2009. Once again I challenged the IRS citing the NO-TAX-DUE decision from 2009, but the IRS proceeded with a Notice of Deficiency in February 2013 anyway. I challenged the Notice of Deficiency with a legal affidavit wherein I agreed to pay the amount due if the IRS answered the conditions contained in my legal affidavit, in compliance with Title 26 USC and the Uniform Commercial Code. Finally, after receipt of my Affidavit, I received a NO-TAX-DUE for C/Y 2010 in June of 2013. I have spent a good deal of my productive time fighting the IRS, only to receive a NO-TAX-DUE for both years, when there shouldn’t have been any tax due in the first place. That is arbitrary and capricious.

Because of the arbitrary and capricious manner in which the IRS was treating me, I deleted the Perjury Statement on the back of Form 1040 for my C/Y 2011 return to protect my 5th Amendment rights against self-incrimination and replaced it with a signed statement as follows:

“We hereby state and affirm that we personally prepared the attached IRS Form 1040 for Calendar-Year 2011 and the accompanying Schedule E and we did so to the best of our knowledge and capability. However, we make no warrantees, express or implied, that said Form 1040 is accurate in all respects, as there is no way we could possibly understand all of the tens of thousands of tax laws and we have no way to know if said tax return is true or correct, even if a tax professional prepared it for us. Therefore, we would be committing perjury to sign the tax return perjury statement when we do not understand all of the constantly changing tax laws contained in the IRS Tax Code, nor could we ever understand them in our lifetime.”

The fact is, the above statement that I attached to my 2011 return is absolutely true. The IRS Tax Code is so complicated and so riddled with conflict that there is no way I, or any other American taxpayer, could possibly understand all of the tens of thousands of tax laws and I have no way of knowing if the Return is true or correct. By signing the perjury statement I waive my right against self-incrimination. That is a fact and yet the American government, through the IRS, has threatened me with a $10,000 penalty assessment, plus accruing interest and a ding on my credit report …. FOR TELLING THE TRUTH!

On February 19, 2013, I received a letter dated February 1, 2013 from one IRS Agent Layne Carver of Ogden, UT demanding, under IRC 6702(a) and Notice 2007-30, that I re-submit my Calendar-Year (C/Y) 2011 Income Tax Return and properly sign the perjury statement. Agent Carver gave me 30 days to respond from the date of his letter, however since I received his letter on February 19, 2013, I only had nine (9) days to respond. In fact, I did respond the next day, February 20th, 2013, to Agent Carver’s letter with my own letter and legal affidavit. In compliance with law and so as to not dishonor Agent Carver’s demand, I agreed to comply with Agent Carver’s demand, upon receipt of responses to the conditions contained in said legal affidavit. I never received any response from Agent Carver to my letter and legal affidavit. A non-response to a legal presentment (the affidavit) is acquiescence under the law and the IRS lost any further right to assess penalties for the alleged violation under IRC 6702(a) by their non-response.

Nevertheless, in violation of their own law and blatant abuse of government power, the IRS went ahead and assessed a $5,000 penalty against my wife and I by Notice dated June 17, 2013 that I received on June 12, 2013. One $5,000 penalty assessment letter came to me from Fresno, CA and the other came to my wife from Holtsville, NY, totaling $10,000. Why did the penalty assessments come from two different IRS locations? The only answer is IRS harassment. I responded to these penalty assessment letters with letters to Treasury Secretary Jack Lew and Acting IRS Commissioner, Daniel Werfer, demanding that they remove the penalties. I never heard from either individual.

Then, on August 5, 2013 my wife and I received an “IRS Notice of Intent to Seize Your Property”. This time one notice came to me from Fresno, CA and the one to my wife came from Ogden, UT. These actions by the IRS are not just punitive, they are arbitrary and capricious, they are in violation of law, they are outright extortion and they violate the 8th Amendment of the Constitution against excessive fines. In fact, the IRS cannot perfect a "procedurally proper ASSESSMENT" without also committing perjury in violation of IRC 6065 and 18 U.S.C. 1621. Their actions are unfair, unjust and unconstitutional and any normal, reasonable and prudent person can see that they are, if there are any normal, reasonable and prudent persons left in government. These actions by the IRS only further indicate their willingness to break their own law in order to strike fear and intimidation in the hearts of taxpayers with the goal of absolute strict compliance with the IRS tax code that no one can read, much less understand, making all Americans slaves.

The IRS has ignored our legal affidavit in response to their demand notices regarding my C/Y 2011 Return. They tried to collect taxes from me in one year for the same thing that there were no taxes due in the previous year. They have ignored my Innocent Spouse Affidavit and they have harassed us from five (5) different IRS offices, creating an undue burden on me by forcing me to deal with multiple offices. This harassment is not by accident, it is by design.

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We encourage our readers to investigate fighting the IRS with legal affidavits. We have prevailed over the IRS twice using the Affidavit method.

The following links, in chronological order, will take you to our legal affidavits and Certified - Return Receipt Requested (C-RRR) letters to the IRS, accusing the IRS of being in violation of federal law, with regard to the tax issues of 2009 and 2010 and our current difficulties with them over our Calendar-Year 2011 Return wherein they have assessed us with a bogus $10,000 penalty. We will add more documents as our fight continues. We have now uploaded a cover letter to the FBI and an accompanying Criminal Complaint, accusing the IRS of illegal activities. After that will come our pleading for a lawsuit in U. S. District Court charging the IRS with a host of causes of action and requiring significant monetary and punitive damages and other remedies.

When reading the letters, take note of the huge number of recipients to the letter in the "cc" line. We are purposely distributing our efforts to defeat the IRS, to the news media, congressional and senate committees, senators and representatives and to our readers. The abuses and violations of the IRS must receive a significant public airing for it to have any effect.

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Letters and affidavits regarding more taxes due for Calendar Years 2009 and 2010

IRS C-RRR Letter Dec. 2011

IRS accompanying affadivit Dec. 2011.

IRS C-RRR Letter March 2013.

IRS accompanying affadivit Mar. 2013.

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Letters and affidavits regarding the Perjury statement for calendar year 2011

IRS C-RRR letter February 2013.

IRS accompanying affidavit February 2013

IRS C-RRR letter September 19, 2013 2013.

IRS C-RRR letter September 23, 2013

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The Criminal Complaint Filed with the FBI

IRS C-RRR letter October 15, 2013 following through with filing criminal complaint with the FBI

C-RRR cover letter to FBI October 2013 with attached criminal complaint.

Accompanying Criminal Complaint to FBI accusing IRS of illegal behavior October 2013

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Freedom of Information Act (FOIA) request letters to IRS.

FOIA request to IRS - August 2013

FOIA request to IRS - September 2013

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Letter to IRS accusing them of being in violation of federal law for not answering our two FOIA requests.

IRS C-RRR letter accusing them of violating federal law by not answering our two FOIA requests - October 2013

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Faxes to Representative Daryl Issa, Chairman of the House Oversight and Government Reform Committee regarding our fight with the IRS.

Fax Letter to Chairman Issa September 16, 2013

Fax Letter to Chairman Issa September 23, 2013

Fax Letter to Chairman Issa October 21, 2013

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Notice of intent to sue IRS, sample request to cancel penalty assessment and Freedom of Information Act Request.

Notice of Intent to Sue IRS Letter dated November 27, 2013.

Letter To IRS Chief Counsel William Wilkens on December 3, 2013 requesting cancellation of penalty assessment.

Sample IRS Statement Cancelling Penalty Assessment to be signed by IRS officer, under penalty of perjury.

Freedom of Information Act request, requesting names of IRS agents and officers involved in a taxpayer's account.

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