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This was emailed to me 5/22/97. It is excellent. However, as I'm in
Confucius' final advice, "Second man to dive into muddy water more
Harold
"Our system of taxation is based upon voluntary assessment and payment,
Notice: The following is presented to you via Bill Drexler's newsletter,
32 Questions: Stopping an IRS Audit
[date}
Certified Mail:
To: IRS Representative/Agent:
It is required of you in your official capacity, and requested of you as
1) State the authority, giving the specific section of the IRC for the
2) State whether the disclosure of the requested information is
3) State the principal and specific purposes for which the information
4) State the routine uses which may be made of the requested
5) State the effects upon this person of whom you have requested
6) Explain and show that the investigation involved is of the kind
7) Explain how and why the demand for information is not too vague
8) Explain and show that the information sought is relevant or material
9) Explain why and how the investigation is pursuant to legitimate
10) Explain why and how the inquiry for information may be relevant to
11) Show and prove that the information is not already in your
12) Show and prove that the Secretary or his delegate has determined
13) Show and prove that all other administrative steps required by the
14) Show and prove that after initial investigation, the Secretary or
15) Show and prove that the taxpayer has been properly notified that
16) State the exact reason(s), in detail, for the examination of each
17) State whether there is a misconception and/or mistake in the tax
18) State exactly wherein the mistake lies, or if in fact one exists (US
19) Specify exactly which item(s) of income or expense item(s) is (are)
20) State why the specific income and/or expense item is in question, or
21) Explain why and what issue in law or in fact is questioned, if any
22) State the name, address, and telephone number of any person or
23) State exactly what was said, either verbal and/or written concerning
24) State and prove that the taxpayer is not being subjected to an
25) State and explain why the examination can not and will not amount to
26) State and explain why IRC Section 7605 [b] does not apply to any
27) State the exact methods used, either past and/or present to gather
28) State whether the verification of specific deductions would be the
29) State and explain any objection to the use of electronic recorder(s)
30) State whether the examiner would be prejudiced against a taxpayer
31) Show and prove to this Citizen how the IRS Commissioner has
32) Unless otherwise shown, this Citizen hereby pleads and does give
________________________________
NAME
________________________________
ADDRESS
________________________________
CITY, STATE, ZIP
Date: Thu, 22 May 1997 23:02:27 -0700
From: Harold Thomas
Subject: piml] Confucius say,
"Man who ride in rocket sled wise to wear asbestos pants!"
To: Jus Dare
Errors-to: piml-owner@mars.galstar.com
X-bmw: Black Marble Wombat Version 5.1 Galstar Secure Hack
this "Confucius" mood tonight, Confucius also say, "When facing bull,
never wave red cape unless sword wrapped in it!" Bill Drexler is a
seasoned bull fighter. When he waves the red cape, the IR BUll not only
knows there's a sword, it knows Bill can wield the thing pretty well.
foolish than first!"
not upon distraint" Flora v. U.S.
362 US 145 [unless, of course, you neglect to "volunteer". HT]
with permission. Before, and
if, you use it , be sure the case cites are correct. [and you understand
and can EXPLAIN them. HT]
an individual person acting
under color of law, that you answer the following list of questions, 32
in number, WHICH
GOVERNMENT OFFICIALS ARE REQUIRED TO ANSWER under the provisions of the
Privacy Act, the
Freedom of Information Act, and various court decisions. Under each
question the pertinent
authorities have been cited which mandate a complete answer from you
upon this request. Thank
you for your cooperation.
solicitation of the information
that you desire (Freedom of Information Act; Privacy Act; US v. Newman,
441 F2d 170; Treasury
Form Letter L-423 with Publication 876 - same authorities cited for #1
thru #5).
mandatory or voluntary. If
mandatory, what penalties may/will result from non-compliance in
furnishing the data you
requested?
requested is to be used in
any and all capacities.
information, or any other use to be
made of the requested information.
information, specifically the
taxpayer, for not providing to you the information requested.
authorized by federal statute
(Martin v. Chandid, 128 F2d 731; Pacific Mills v. Kenefick, 99 F2d 188).
and/or broad in scope (US v.
Newman, 441 F2d 170; US v. Williams, 337 F Supp 1114; First National
Bank of Mobile v. US, 160
F2d 532; US v. Coopers and Lybrand, FSupp 942; Hubner v. Tucker, 245 F2d
35).
as a lawful subject of
inquiry (US v. Powell, 379 US 48; International Brotherhood of Teamsters
v. US, 240 F2d 387; US
v. Michigan Bell Telephone Co., 415 F2d 1284; May v. Davis, 7 F Supp
596; US v. Brown, 536 F2d
117).
purpose(s) (same authorities
as #6 thru #8).
the purpose(s) (same
authorities as #6 thru #8).
possession or can not be obtained
from other sources (same authorities as #6 thru #8).
that this further
examination is necessary (IRC Section 7605[b]).
Internal Revenue Code
(IRC) have been followed to the letter of the law (Martin v. Chandis,
128 F2d 731; US v. Powell,
379 US 48).
his delegate has determined
that further examination is necessary and warranted (US v. Powell, 379
US 48; US v. Cooppers &
Lybrand, F Supp 942; US v. Williams, 337 F Supp 1114; Sherar v. Cullen,
481 F2d 945).
further examination is
necessary (US v. Powell, 379 US 48; IRC Section 7605[b]).
year specific information is
requested (US v. Third Northwestern National Bank, 102 F Supp 879;
FOIA).
return for each year that
information is requested (US v. Powell, 379 US 48; US v. Wright Motor
Co., 536 F2d 1090).
v. London Insurance Agency,
Inc. 72-2 T.C.; US v. Powell, 379 US 48; Hubner v. Tucker, 245 F2d 35).
in question on the tax
return(s), if any. (same as # 18).
is being examined (same
as # 18).
(FOIA; US v. McCarthy, 514
F2d 368).
persons informing you of
any questions or concern involved in any item or any tax return or any
activity of the taxpayer
(Sixth Amendment; US v. Zack, D.C. Nev 4/20/74; Favre v. Henderson, 409
US 942; FOIA).
any item, tax return or
activity of the taxpayer by any person(s) informing or directing you to
conduct an examination,
directly, and/or indirectly (Same as # 22).
examination based on or for
any political, ideological, harassment, pressure tactic, or bad-faith
purpose, and is not being
singled out for prosecution as an example to other taxpayers for any
reason (US v. Powell, 379 US
48; US v. Wright Motor Co., 536 F2d 1090; US v. McCarthy, 514 F2d 368;
US v. Roundtree, 420
F2d 845; Chaukin v. Alexander, 401 F Supp 817; FOIA).
an inquisition or
arbitrary inquiry on the part of the examiner (Local 174 International
Brotherhood of Teamsters
v. US, 240 F2d 387; US v. McKay, 372 F2d 174; US v. Powell, 379 US 48;
US v. Michigan Bell
Telephone Co., 415 F2d 1284; US v. Third Northwestern Bank, 102 F Supp
879).
examination where "...No
taxpayer shall be subjected to unnecessary examination or
investigation..." (Pacific Mills v.
Kenefick, 99 F2d 188).
information concerning
this taxpayer, and whether information was gathered through the use of
surveillance, telephone
wire-tapping, mail coverage, interviews, illegal entry, informers,
spies, or otherwise (FOIA; US v.
Wright Motor Co., 536 F2d 1090; Sherer v. Cullen, 481 F3d 945).
limited scope of the
examination (US v. Powell, 379 US 48).
during the pursuit of this
examination (IRS Manual MT 9900-26, 1/29/75, paragraph 241.5).
who arranges his affairs
to minimize his taxes as the law permits( Gregory v. Helvering, 293 US
465; Knetsch v. US, 361).
jurisdiction over any subject
matter concerning this Citizen (Hale v. Hinkle, 201 US 43; Murdock v.
Pa, 319 US 105; US v.
LaSalle Bank, 437 US 298; 26 USC Section 6011).
public notice that the IRS
Commissioner has an absence of jurisdiction over this Citizen's person
(Same as # 31)