Monthly Archives: January 2014

Testimony of Dwight E. Davis, Head of Alcohol & Tobacco Tax Division, IRS

Testimony of Dwight E. Avis, Head of the Alcohol and Tobacco Tax Division of the Bureau of Internal Revenue

“Income Tax is 100% Voluntary”

Given before a Subcommittee of the Committee on Ways and Means, House of Representatives, Internal Revenue Investigation, dated Tuesday, February 3, 1953, page 13:

Let me point this out now. Your income tax is 100 percent voluntary tax, and your liquor tax is 100 percent enforced tax. Now the situation is as different as day and night. Consequently, your same rules just will not apply.

Dwight Avis Testimony

(click to view) (see p. 13, first statement by Mr. Avis)

Reply to IRS Claim: You Are Required to File Form 1040

IRS Claims that Most Americans

are required to file Form 1040.

Is that necessarily the truth?

In December 2013, an individual, we’ll call him Joe, received a CP59 Notice or Letter from the IRS asking him why he had not filed a tax return for the year 2012.

Joe sent an answer to the IRS Chief Counsel, copy to the local Revenue Officer. The Revenue Officer replied, stating, in relevant part, the following:

This letter is sent in response to your letter to me dated 12/31/2013 titled “request for Determination of Tax-Filing Status for the year 2012.” In the letter you state several times you would like to know if you are required to file a Form 1040 tax return for the year 2012 given that you earned in excess of $ __________ during that year. To answer your question, yes you are required to file a Form 1040 for the tax year 2012 and pay any tax due as a consequence of the earned income. If you do not file a return for this, or any other year where you had taxable income, IRS may file a return on your behalf.

Joe then sent a letter in response to the Revenue Officer. Here is what Joe said about the letter which he (Joe) sent back to the Revenue Officer:

I can’t tell you the kind of satisfaction I feel when mailing such a response to these criminal dolts.

It’s what I tried to do w/every past letter.

Unfortunately, I’m not any good at the power-game.

Here is what I wrote back to Joe:

1. You’re agreeing to follow his advice, with reasonable, court-required conditions;

2. You’re polite in your language, so as not to stoke his ire;

3. You do not employ any frivolous issues;

4. You return your answer timely;

5. You invite a reasonable reply from him;

6. You ask for information required by the Merrill Court;

7. You ask for information which he is required to produce;

8. yet will not be able to produce;

9. You have a very nice paper-trail for a judge and a jury, should it come to that, which will appear to them as reasonable;

10. Information which, if not produced now and will not be able to be produced at trial, will weigh powerfully in your favor;

11. All w/o arguing the law in any way, except, of course, for your good-faith attempt to comply with the Merrill Court’s admonition.

For any who receive a CP59 Notice/Letter from the IRS or a response, such as Joe received, you may want to look at the reply Joe sent to the Revenue Officer.

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All proceeds go toward furthering John Benson’s life’s work.

John W. Benson (1934-2014) My Mentor and Best Friend for 23 years. Passed into the Eternities on July 4, 2014, the same day on which Thomas Jefferson and John Adams passed! 

Rest in Peace, my Great, Good and Innocent Friend! I will see you again!

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Response to IRS Confirmatory Writing – CP59 Notice

Here is how the IRS explains the CP59 Notice it sends out to nonfilers:

Understanding your CP59 Notice

We sent you this notice because we have no record that you filed your prior personal tax return or returns.

What you need to do

File your personal tax return immediately or explain to us why you don’t need to file.

I have drafted a response that an individual used who had obtained from the IRS his Individual Master File (IMF) transcript records.

If you decide that a similar response is appropriate in your case, you will also want to obtain a copy of your IMF transcripts and read the post on this site named “IRS Fraud Used to Enter Substitute for Return against Non-Filers.”

That post will explain how the IRS “doctors” their records to make it appear that nonfilers have, in fact, filed Form 1040A with the IRS.

Form 1040A is a tax return agreeing to liability to the income taxes and permitting the IRS to calculate the amount of that liability without the nonfiler actually doing the computation.

As a result, ALL income taxes appear within the IRS’s computer databases to have been filed voluntarily: (a) those who actually filed voluntarily; and (b) those nonfilers who are made to appear to have filed Form 1040A “consent” returns.

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All proceeds go to further the work of John W. Benson.

John W. Benson (1934-2014) My Mentor and Best Friend for 23 years. Passed into the Eternities on July 4, 2014, the same day on which Thomas Jefferson and John Adams passed!

Rest in Peace, my Great, Good and Innocent Friend! I will see you again!

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