100 Patriot Way
Dahlonega, Georgia

December 28, 2007

Clayton E, Lloyd
IRS Appeals Office
1835 Assembly Street, Suite 508
MDP 43
Columbia, SC 29201

RE: Harry C. Baxter, Respondent v. Commissioner of Internal Revenue

Docket # _________

Dear Mr. Lloyd:

You sent me your letter dated December 21, 2007 requesting to settle this case without a trial.

I request an out-of-court settlement and a meeting with somebody in your office to present my documents records, receipts, etc, to support the deductions, credits, unreimbursed business expenses, etc. For the tax years in question, I have a great deal of business expenses.

I request:

  1. Waiver of all penalties.
  2. Proper allowance of my unreimbursed business expenses.
  3. Full recognition for all of my deductions, dependants, credits, etc.
  4. Credit for my tax return preparation expenses, including books and videos I purchased plus the full cost of seminars and classes I attended, including travel expense.
  5. A refund of the illegally collected telephone excise tax in the amount of $50, (safe harbor).
  6. Proper authentication of the W-2’s, 1099’s and other so-called evidence of income.
  7. Removal from your income figures the amount that resulted from an illegal immigrant fraudulently using my Social Security number.

I state again, as I did in my attachment to my Petition to the Tax Court that, due to lack of records, I need to reconstitute records and provide reasonable estimations of business expenses as provided for in the Cohen case, where the 9th Circuit Court ruled in Cohen v. CIR, 266 F.2d 5 (1959): “* * * We think our only proper course is to approach the problem indirectly by analysis of the record in the light of the principles established in Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). Our objective will be, after resolving any reasonable doubts against petitioner, to reconstruct his gross income as betting commissioner at a figure, which in our judgment it would be unlikely to exceed in fact. (Petitioner, it is clear, has failed to establish a lesser amount.)”

This case shows that the tax court can use reasonable figures when records do not exist. The taxpayer can also reconstruct lost paperwork to substantiate deductions and business expenses. Further the taxpayer can claim a percentage of business expenses and profit for a business enterprise, even if he has no records to substantiate his business expenses.

At all meetings with the IRS, I hereby I notify you I will have a tape recorder and/or court reporter, representative, witnesses, etc.

Please schedule the conference with me at least 30 days in advance.

Yours,

_________________________
Harry Patriot