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Matthew Henry
September 13, 2004
Department of the Treasury
RE: Tax Payer ID Number 123-45-6789 Tax Year Ending Dec 31, 2002 Dear Ms. Tax Technician, You sent me a thirty day letter dated September 1, 2004, a copy of which is attached. I dispute your computations. I disagree with the content of your letter and deny any tax liability. Please schedule a day for me so I might show you my books and records for the year in question. I had unreimbursed business expenses and deductions including charitable donations, medical expenses, local taxes, etc…. Sincerely, ______________ Matthew Henry |
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Patriots doing their personal letter writing campaign should file complaints and send request letters to a number of IRS /Treasury Departments that are established for this purpose. A complaint letter to the Taxpayers' Advocate works very well in most cases. Even if it does not seem to accomplish much, your request/complaint letter can be used if you later file a lawsuit and the judge requires you to “exhaust all administrative remedies." Every major IRS office has a Taxpayers' Advocate who has some limited authority. Proper ELW [Earnest Letter Writing] means that you contact the Taxpayers' Advocate for assistance. For more information, contact the Taxpayers' Advocate at the IRS office near you, the IRS National office in D.C. or through their website. The phone number the IRS wants you to use is 877-777-4778. |
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A Patriot sent this:
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If the IRS collections department harasseses you on a false and phony tax debt, you can file a fraud report with the Postal Inspector at the Post Office. Below is a link to the form you fill out and file at the post office. This is a new tactic and we do not know the results of this maneuver. Proceed at your own risk. Mail Fraud Report Click link and print.
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Instructions: If the federal tax collectors harass you, send them this letter. This is a powerful act of Congress and the agency is greatly concerned. You need to personalize this draft letter before you submit it. However, this is only a preliminary draft letter and should not be used for a real purpose at this time. The real letter will be posted soon on the PN website under "Collections." Please confer with Dr. Clarkson before you make a final administrative claim.
Marilyn Freeman
Date: July 5, 2006
Area Director of IRS for this Region
Re: ADMINISTRATIVE CLAIM FOR UNAUTHORIZED COLLECTION ACTIONS UNDER IRS § 7433 & 26 CFR § 301.7433-1 Dear Compliance Technical Support Manager: This is an administrative claim for civil damages for Unauthorized Collection Actions under IRC §7433 and CFR §301.7433-1. Under said law in section (d) (1) and said regulation in section (d), I am required to exhaust my administrative remedies. This letter is to satisfy that purpose. I intend to file a civil action in US District Court under IRC 7433 for the wrongful and illegal collections actions against me. Under CFR 301.7433 (e) (2), I must inform you of the following: 1. My name and address is above. My telephone number and identification number are below. The best time to call me is during normal business hours. 2. The grounds of my claim for damages include: A. IRS unlawfully collected under notice of levy for tax year 1994-2003 the amount of $53,000 from my State Teacher’s Pension. However approximately $10,000 of that was the amount claimant owed for past due taxes, interest and penalties. Further the IRS figures for the amount taken on this levy are approximately $30,000, which is about $25,000 less than what has actually been confiscated. B. The amount of the tax collection was excessive in the amount of approximately $20,000-$40,000. C. During the time of the excessive levy, I sent the IRS dozens and dozens of letters and made innumerable phone calls. The IRS was clearly notified several times that the amount of the levy was in excess of the amount that the IRS records show was owed by claimant. 3. The injuries for this claim include:
4. The dollar amount of the claim includes:
In conclusion, this is my claim for damages for wrongful actions of IRS employees. Under federal law, I am entitled to compensation. Yours:
_________________________________
Telephone number: 555-555-5555 |
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Dr. Clarkson issues this warning. "Beware of phone calls and e-mails from fake IRS agents. Demand all correspondence to be in writing." 'Phishing' Season For Tax Scammers IRS Warns Public Of Phony E-Mails
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/24/AR2006022401748.html Marketing pitches masquerading as the 1099 forms detailing non-payroll income have been arriving in taxpayer mailboxes, while e-mails that appear to be from the Internal Revenue Service are really identity theft scams designed to collect personal financial information. Government officials say they are currently seeing about one widespread IRS-themed e-mail scam a week, but Internet security experts expect them to escalate as the April 15 tax deadline nears. "Usually these things peak around the time taxes are due," said Dan Hubbard, senior director of security and research for the Internet Web security firm Websense. "Basically it's another timely current event that's on top of people's lists and another lure to deceive people into giving away credentials in some way." And scammers are capitalizing on the fact that more than half of all tax returns are expected to be filed electronically this year. Consider this recent e-mail claiming to be from the IRS: "You filed your tax return and you're expecting a refund. You have just one question and you want the answer now. Where's My Refund? Access this secure Web site to find out . . ." The Web site looked like the real IRS site. But it wasn't. Nor was the Web site link in another recent e-mail using what appeared to be IRS letterhead, posing as notification to the recipient of a $63.80 refund. Both Web sites asked for Social Security numbers and credit and bank account information, part of an online identity theft scheme known as "phishing." The IRS warns consumers to disregard any e-mail that purportedly comes from the agency. "The IRS does not communicate with taxpayers electronically," said Richard Morgante, the IRS commissioner of wage and investment. "If you get a communication from the IRS, it is via a letter in the mail or a phone call." If in doubt, consumers should call the agency's toll-free number, 800-829-1040, to determine the legitimacy of any notice, Morgante added.
The electronic solicitations are proliferating at the same time that tax forms are
flooding
However, a number of these letters are promotions -- usually for loans to refinance a house, consolidate debt or buy a car -- dressed up as a tax form to get a consumer's attention amid the everyday clutter of bills and advertisements. For example, there's the envelope with bold lettering stating: "Important: Year End Tax and Mortgage Information Enclosed." Inside appears to be a 1099 form for $1,000 to $10,000 of "Lost Non Deductible Interest" that the taxpayer would get from a debt consolidation loan. In the fine print, the letter is called a "Form 1089." There is no such IRS form. These letters "come around every year" during tax season, said Paul J. Krenn, spokesman for the U.S. Postal Inspection Service, which probes misuse of the mail system. While government look-alike mailings "are less than desirable," Krenn said they are not an overwhelming source of loss to consumers. The chief problem seems to be that some consumers have reported throwing away the real 1099s with the batch of promotions they've received. Government officials said they first started noticing the phony IRS e-mails last year around tax time. They disappeared, only to resurface in November. Since that time, the U.S. Treasury Inspector General for Tax Administration (TIGTA) has received about 1,100 complaints from consumers. William Benton, special agent in charge of strategic enforcement, yesterday said TIGTA has identified at least 12 separate schemes of e-mails impersonating the IRS. Almost as soon as the agency shuts down one Web site, a new one appears. The scammers "are trying to leverage the trust of a government agency and trying to increase the odds of success," said Peter Cassidy, secretary general of the Anti-Phishing Working Group, an association of financial institutions, online retailers, Internet providers and security firms and law-enforcement officials committed to eliminating phishing.
The IRS is an obvious target for scammers, Cassidy added, because it has far more
direct correspondence with consumers than a credit union or even a large bank. "Blindly
phishing a very small pond, the odds for success are
low, but phish an entire
The phony tax e-mails are not confined solely to the IRS, said Hubbard of Websense. He said his firm has also seen some fraudulent solicitations allegedly from H&R Block, offering online tax preparation services. The taxpayer is steered to a fake company Web site that asks for personal financial information. H&R Block said it is aware that scammers periodically use its name and credibility to phish. "When we become aware of these phishing attempts, we investigate promptly," said Murray Walton, the company's vice president and compliance officer on phishing scams. |
Electronic Federal Tax Payment System Cited in New E-mail ScamIR-2006-116, July 19, 2006
WASHINGTON — The Internal Revenue Service is warning taxpayers to be on the lookout
for a new e-mail scam that uses the Treasury Department's Electronic Federal Tax
Payment System (EFTPS) as a hook to lure individuals into disclosing their personal
information. |
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The Internal Revenue Service has issued several recent consumer warnings on the
fraudulent use of the IRS name or logo by scamsters trying to gain access to consumers'
financial information in order to steal their identity and assets. When identity
theft takes place over the Internet, it is called phishing.
You Can Help Shut Down Phishing Schemes The good news is that you can help shut down these schemes and prevent others from being victimized. If you receive a suspicious e-mail that claims to come from the IRS, you can relay that e-mail to a new IRS mailbox, phishing@irs.gov. Follow instructions in the link below for sending the bogus e-mail to ensure that it retains critical elements found in the original e-mail. The IRS can use the information, URLs and links in the suspicious e-mails you send to trace the hosting Web site and alert authorities to help shut down the fraudulent sites. Unfortunately, due to the expected volume, the IRS will not be able to acknowledge receipt or respond to you.
Identity Theft
Identity theft occurs when someone uses your personal information such as your name, Social Security number or other identifying information without your permission to commit fraud or other crimes. Typically, identity thieves use someone's personal data to empty the victim's financial accounts, run up charges on the victim's existing credit cards, apply for new loans, credit cards, services or benefits in the victim's name, file fraudulent tax returns or even commit crimes. People whose identities have been stolen can spend months or years — and their hard-earned money — cleaning up the mess thieves have made of their good name and credit record. In the meantime, victims may lose job opportunities, be refused loans, education, housing or cars, or even get arrested for crimes they didn't commit.
Recent Schemes
The Treasury Inspector General for Tax Administration (TIGTA) has found numerous separate Web sites in at least 20 different countries hosting variations on this scheme.
For more information on the various schemes, see the following:
To Report Fraud
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"Petitioner has records of business expenses, deductions, telephone excise tax etc…" |
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I am pro se litigant and I do not have anyone managing or controlling my case for me. I make my own decisions on this and other matters. |
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