IRS Abuse Reports

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Date: Thu Feb 18 20:32:11 1999
Hostname:
Name: EB
Address:
City: Seattle
State: Wash. Zip:
Email address: Antifedgov@aol.com

My crusade to thwart illegal IRS actions at every turn came shortly after my own mother began to be harassed by them. My parents owned a "Mom and Pop" grocery store which did very well - until my father died and the IRS soon thereafter came chasing after my mother for nonexistent taxes, interest and penalties. My mother fought them tooth and nail for 7 years before the IRS gave in and admitted that it was they who made the original error which caused them to come after her in the first place. The damage was done by then though. I saw first hand how my mother lost her faith in her government and the people who staff it. I was 15 when it all started. By the time it ended I knew more about IRS procedure than any other 22 year old not getting paid for it.

From that day on I vowed that I would use my knowledge and talent to help individuals who were, like my mother, hounded by the IRS. This is why I am writing today. Contrary to public belief it is actually we the people who have the power over the IRS, and not the other way around. If individuals only knew what their rights are, and knew what the limitations of the IRS' powers are, then the IRS would not be able to get away with even a fraction of what they get away with today.

I have helped individuals beat the IRS who got an inexplicable bill from them "out of the blue" because the IRS had not sent a prior notice to their "last known address!" Did you know that if you get a notice that your property will be seized, or if you find out the IRS is after you when they first levy your wages or your bank account, that the levy can be stopped cold if the IRS hasn't sent certain notices to you at your last known address? It's true! Here are just five out of several dozen common-sense ways for anyone on this site to ensure that the IRS stays within the boundaries of the law and to ensure that you retain fully your rights as a taxpayer:

1. Make periodic requests for your IRS administrative file under both the Privacy Acts and the Freedom of Information Acts. By law you are entitled to see documents, personally related to you, which the IRS is keeping! You will know in advance what the IRS is planning, and sometimes, when it is planning it.

2. Income taxes ARE dischargeable in bankruptcy, if they are assessed within a certain time period and you have filed a return. You can wipe out your entire tax debt in most cases!

3. Use certified mail with return receipt requested with every correspondence you send to the IRS - especially tax returns or other forms. Doing this will give you an independent record that not only did you send something to the IRS, but that they received it as well. This is especially vital in the cases where a form, like a return, has a certain deadline. If the IRS claims they did not receive a return from you, you must prove that you sent it. The "timely mailed is timely filed" rule is applicable ONLY if the IRS says they got what you sent them. If they claim otherwise, the burden of proof is on you. So, all of you who make the trip down to the post office at midnight on April 15--don't do it unless they offer certified mail services; the postmark on the envelope is not helpful if the IRS does not get the envelope and if it not returned to you. Your certified mail and return receipts, however, place the burden of proof on the IRS!

4. When making a tax payment of any type, get a receipt for your payment! The law says that the IRS must give you a receipt for any taxes you paid but ONLY if you request one. A cancelled check is sometimes not even good enough, as the IRS may claim that the money was not transferred into their account. A receipt from the IRS is indisputable proof that you paid the tax. If you live near an IRS office, pay your tax in person and get a receipt! If you must pay by mail, request a receipt with your payment. Like the certified mail return receipt, the IRS tax receipt, if it is not sent to you within a reasonable time after you paid the tax, will alert you that something is wrong! Generally it takes the IRS 12-18 months to notify an individual that they have not received a return or a tax payment from him. A lot of penalties and interest can mount within that time frame! Utilizing a tax receipt (or a certified mail receipt) will prevent that snowball from rolling very far!

5. Make sure that you get the proper sequence of notices before you take any action. The IRS is required by law to send you a series of notices to your last known address before it can attempt to collect taxes from you. Be sure they have done so! If the IRS claims you owe additional income taxes, they first must send you a Notice of Deficiency ("90 day letter"), a "Notice and Demand" letter ("10 day letter") and a "Notice of Intent to Levy" ("30 day intent letter"). If they have missed sending even one of these notices, you can get the ENTIRE tax claimed by the IRS as owed ABATED immediately! With last year's reform act there are some additional notices that the IRS must furnish to taxpayers when it seeks to collect taxes by levy or place liens on property.

So, if you ever get an IRS letter "out of the blue" chances are you can stop them in their tracks! I cannot tell you how many people have been bamboozled into paying the IRS because they did not know that the statute of limitations on assessment or collection had expired or realize that the IRS forgot to send one notice required by law. But if you know your rights, the IRS will not be able to run over you! These few examples are just a few arrows in an entire quiver of arrows which can be used to devastating effect on the IRS. Believe it or not, the law does put some limits on the IRS' authority. If you don't know what those limits are, however, you are apt to become another of their abuse victims.

So, anybody reading this who either has a problem with the IRS, or knows someone who has such a problem, please e-mail me your questions or story at Antifedgov@aol.com and I will assist you FOR FREE with no strings attached. I've learned first-hand what the IRS can do to a family. Now I want to keep learning second-hand, and third-hand, how we the people can trump the IRS by using the knowledge of our rights and their powers. If you are truly an IRS victim you will triumph without having to endure the heartache suffered by too many of our citizens. It won't be long when it will be the IRS itself who is suffering from "abuse" - individuals asserting their rights and sternly reminding the IRS of the legal limitations on their power.

Let's get 'em!!!

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