Tag Archives: Frivolous Penalty

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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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 Penalty for Filing Frivolous Tax Return

I have Prepared a sample response to IRS Letter 3176C (Proposed Frivolous Penalty) for filing a frivolous tax return or statement.

I have also included a sample Freedom of Information Act (FOIA) Request to the IRS Chief Counsel’s Office, seeking a list of items of “income not taxable by the Federal Government under the Constitution.” See Treas. Reg. § 1.612-6(b).

Both items are available on Donation basis by clicking the button below.

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