http://www.losthorizons.com/phpBB/viewtopic.php?t=2534
some people ask for it, some of them get down on their knees and beg....Hi Everybody,
I'm trying to come up with the ultimate anti-frivolous letter to send to the IRS. I think I am close but I want everyone to take a look at it and see what needs to be tweaked or changed to make it better. Thanks ahead of time. Here it is.
April 30, 2010
Head Cheese
IRS
1973 N. Rulon White Blvd. Stop 4450
Ogden, Ut 84404-0076
Dear Sir;
As the head of the IRS unit in Ogden Utah, you are responsible for the unsigned letters that were sent to my wife as well as myself dated April 26, 2010 (CP72). I am enclosing a copy for your review. Your claim that our 2009 tax return is frivolous using IRC Section 6702 provide no facts regarding this matter. The self-assessment from our 2009 tax return based on $0.00 taxable income according to the IRS tax table is 0.00. It is frivolous and also unlawful to blatantly incorrectly use an IRC statue to harass and threaten us. It is also unlawful to blatantly incorrectly use an IRC statue to delay returning the private funds that you are withholding.
To help you in this matter, I am enclosing a Self-Authenticating copy of Certificate of Status from the Texas Secretary of State on Southwest Airlines. Southwest Airlines was incorporated and organized under the laws of a Union State. Southwest Airlines is not the United States, a State, or any political subdivision thereof, or any agency or instrumentality of any one or more of the foregoing. Therefore, under IRC Section 3401 definitions (a), (c) and (d), I am not an employee and Southwest Airlines is not an employer even though they erroneously filled out a W-2 regarding myself.
In addition, your letter informs me that if I do not change my previously filed 2009 return 1040 by “correcting” it within 30 days, you will make an assessment of tax against me in the form of a $5000.00 civil penalty. Furthermore, when you say that I need to “correct” my return, you mean that you want me to redact and withhold factual information that I know to be true, and add and include lies that I know to be false, and then sign the “corrected” false return under penalties of perjury, and send you the “corrected” false return. Then it is implied that after I send you the “corrected” false return, you will stop threatening to take $5000.00 from me.
Is this really what you wanted to communicate to me?
Sir, I take the implications of your letter very seriously. I also take the violation of the law very seriously. I also takes threats against me and my family very seriously. Maybe you have a very overenthusiastic agent who generated this letter for you without running it by you. I can only hope so and know that you are more than willing to correct this mistake on his part. I respectfully request my private funds along with interest from day 46 on, from which the Austin IRS Department received my return, be returned to me in 30 days or less from receipt of this Certified letter.
Failure to do so will create a legal presumption that you sent your Letter of April 26, 2010 in bad faith, as a delay tactic, as harassment and for no legitimate purpose, and does in fact, constitute an attempt at witness-tampering and /or extortion.
See 18 U.S.C. § 1512(b), which imposes criminal penalties for tampering with my sworn testimony in official proceedings such as the filing of federal income tax returns:
§ 1512. Tampering with a witness, victim, or an informant
(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades
another person, or attempts to do so, or engages in misleading conduct toward
another person, with intent to –
(1) influence, delay, or prevent the testimony of any person in an
official proceeding; … shall be fined under this title or imprisoned not more than ten years, or both.
Also see 18 U.S. C. § 872, which imposes criminal penalties for acts of extortion by officers or employees of the United States.
§ 872. Extortion by officers or employees of the Untied States
Whoever, being an officer, or employee or the United States or any department
or agency thereof, or representing himself to be or assuming to act as such, under
color or pretense of office or employment commits or attempts an act of extortion,
shall be fined under this title or imprisoned not more that three years, or both; but
if the amount so extorted or demanded does not exceed $1000.00, he shall be
fined under this title or imprisoned not more than one year, or both
As you see, I take this very serious. If you do not provide my refund within the 30 days, I will start the filings necessary against the IRS and also Start the necessary filings against you personally as well as follow up on the above criminal statues to the full extent of the law.
This letter constitutes constructive notice to the recipient.
Sincerely,
Robert
Enclosures:
IRS Letter dated April 26,2010 notice number CP72
Certificate of Status from the Texas Secretary of State.