|FORMS: 10.7 SAMPLE REPLY LETTER FOR IRS SUMMONS ENFORCEMENT LETTER FROM DISTRICT COUNSEL|
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Response letter and a second request letter to send after you get a letter from district counsel on a summons enforcement.
Certified Mail _______________,
return receipt requested
I am in receipt of your letter dated __________________, copy enclosed.
Please clarify your letter.
Your first paragraph, first sentence,
Please list the provisions of the summons that I did not comply with.
Your first paragraph, second sentence,
I'm confused. Please let me know which of the following you mean.
1. I did not appear?
2. This sentence is erroneous? I may have appeared, but you put this sentence in anyway implying I
did not appear.
3. The District Director of Internal Revenue told you I did not appear, so you just took their word
for it and put this sentence in without checking to see if I did in fact appear or not?
Your second paragraph, first sentence,
If legal proceedings may be brought against me, legal proceedings may not be brought me also. The sentence also says I didn't comply with the summons. Someone is misleading you. I did comply with the summons, 100%.
Your third, and final paragraph, first sentence,
I do not have to produce any of the above. I am a free sovereign individual answering only to the highest authority and taking the Fifth Amendment to each question asked of me pertaining to any violation of my God given natural rights as guaranteed under the Fourth and Fifth Amendments to the Constitution for the United States.
There are lawyer opinion letters that I have obtained to verify that my position is correct. If you disagree and can show me, in writing, that I have been lied to by my lawyers, accountants and legal advisers, I will be more than happy to meet with the irs to resolve this matter.
I want to make it clear, that it is my intention to obey all laws that legitimately impose a requirement or obligation upon me. However, I have no desire to volunteer where no obligation exists, especially when the waiver of my rights is involved. I am relying on what the Supreme Court held long ago:
If you agree with my determinations, I make timely demand that you notify me, in writing, of the actions you have taken to correct your error.
I will expect your written response as to my demand for correction of your error by ________________, 20___ so that I may make a decision as to appear or not appear at the meeting you set up for me in Marquette. If you cannot respond by that time, please re-schedule my appointment to a later date.
If you have the time, have my file forwarded to you and look at the correspondence between the irs and myself since 1985, including the lawyer opinion letters. In fact, I've included a brief synopsis of all the opinion letters that I've received to date. My foundation is sound!
God has given me the ability to read and comprehend. I've asked every revenue officer that I've been in contact with to tell me if I'm a person subject to fill out and file a 1040 income tax form. The revenue officers that responded told me they are not lawyers and can't give me legal advice. You are a lawyer, according to your title. Did my lawyers lie to me? If so, what section of the internal revenue code makes me liable to fill out and file a 1040 income tax form without violating my Fifth Amendment rights? Mark, all you have to do is tell me my lawyers lied to me, show me the code sections and explain how they pertain to me and I'll immediately make an appointment with the irs to resolve this problem. Is that too much to ask?
If the irs wishes to prosecute me, fine. If I have to go to prison, fine. I'll be in good company. Most of the New Testament was penned from prison.
I would like to emphasize that you have a duty to respond to these important, relevant questions, under both the Privacy Act Law and pursuant to the mission of the Service as set forth in the Federal Register, which states in part:
If I do not hear from you within that time, your lack of response will establish the presumption that you or your Service do not have the documentation or the authority to support your claim of any requirement or obligation upon me.