Brian’s Column: My CtC ‘Frivolous’ Adventure Begins

Posted to aid the few other CtC educated filers inflicted by this rogue IRS scam
By Brian R. Wright

“Not to trust but to know.”
— Hank Rearden, Atlas Shrugged

In keeping with the theme of Ayn Rand’s magnum opus—and thanks to Mr. Peter Eric Hendrickson, author of Cracking the Code: The fascinating truth about taxation in America, who has spent countless hours deploying his brilliant mind over volumes of twisted IRS code to come up with perhaps the greatest political-economic discovery of our age—we the (nonfederally paid) American people can now shrug off the former burden of the federal ‘income’ tax legally, prudently, and profitably. The sooner the better.

Like Rand’s Atlas who bore the world of humankind’s sins on his shoulders out of guilt and disinformation, we the people, now being apprised of the Hendrickson Discovery—that the income tax is and always has been an excise tax on the use of a federal privilege (federal government employment or payments)—can let go of the drain on our property and our country. BUT… first there are some mechanics to the process of liberation, fortunately documented well on the Website http://losthorizons.com.

Not everyone wants you to lay down your needless load

That’s the point of my column today. You can go to this page of the Lost Horizons site to scroll down and find my most recent filing, and a note. Also, here’s my column on the victory. And for the most part, 90+% of the time, CtC-educated victories are a simple process of rebutting incorrect W2 and 1099 information reports. Naturally, corrupt forces inside the agency do not want the income tax to be legally applied, hence the latest scam tactic is to pick a handful of educated filers and try to frighten them back into the fold of Ignorance Tax compliance… with threat of a Frivolous Return Penalty (FRP) of $5000.

The notice is called a 3176C form. And the CtC community is now well aware of just how specious, and quite likely criminal, such groundless, false accusations of the FRP are. You may find just how aware we are by going to losthorizons.com and entering FRP or frivolous into the site search field. Here is the pdf file of the 3176C form I received in the mail.

Yet, I have done something I hope is more compact and easier to use in responding to the these bizarre FRP roustings. This column is where I offer my own approach, so far, to the initial 3176C I received less than a month ago; it’s really simply an integration of several tools and understandings presented by Mr. Hendrickson and others on the site. I firmly expect that what I’ve put together will decisively shut down further attempts to assess penalties or otherwise derail my lawful filing for retention/retrieval of my own property—which I’ve already received, btw. In any case, through updates of the column, I’ll keep readers posted of my progress.

Reply Letter, Summary Affidavit, and Detailed ‘Big Picture’ Affidavit

Within the 30-day timeframe asserted by the (presumed-authentic) 3176C letter-writer, I have prepared and mailed certified with receipt-requested the reply letter and the summary affidavit. Rather than enclose the six-page ‘Big Picture’ affidavit into the envelope, I simply referred the purported Ms. Davis to the notarized pdf copy on my site. These links I make available as open-source-documentation-program templates (for ready tailoring in a reader’s word processor) below to my CtC or other interested readers:

  1. Reply Letterhttp://brianrwright.com/bwFRPreply1Template.odt. This simply keeps the ball in play, responding to the 30-day requirement for a response. It also turns the tables by summarizing what I’m doing and intend to do down the line… should they persist in harassment.
  2. Summary Affidavithttp://brianrwright.com/bwSummaryAffidavitTemplate.odt. This is the document, which you will have notarized, that outlines your direct official, legal response to the accusation and threat of the FRP 3176C letter.
  3. Big Picture Affidavit
    http://brianrwright.com/bwBigPictureAffidavitTemplate.odt.
    What’s so remarkable about this Big Picture affidavit, which you will also have notarized, is it is the most succinct and detailed statement of the legal validity of the Hendrickson Discovery, i.e. that the income tax is a federal privilege tax. And that you are upholding the law and your right to your own property.
  4. FOIA Request. See PS at the bottom of column.

[My sincere belief is that the Big Picture affidavit written by Pete Hendrickson will come to be regarded with the same respect among our peers and descendants as Adam Smith’s The Wealth of Nations and other declarations of the Rights of Man… notably by the two Thomases, Paine and Jefferson.]

Remember, my three above document templates are merely adaptations to my own circumstances and based on the Pete Hendrickson-written masterpieces available on the losthorizons site. One of my own enhancements is insertion of a paragraph of my own to turn the tables on the 3176C writer and indicated I would be cc-ing key public officials who should be caring about the criminal, likely rogue, activity.

Process note: In my situation, Items 1 and 2 are inserted into the return envelope, along with a copy of the bogus FRP threat-notice I received and which I refer to in my reply letter. I send the envelope certified. Then in the next days, I send the same package—with a suitable cover letter pointing out that the contents are evidence of a crime or serious misconduct needing investigation and, possibly, indictment—to individuals listed in the reply letter below:
{Note I chose to Web-reference the Big Picture affidavit, rather than make the envelope too bulky.}

Now, I’m going to display my Items 1 and 2 to complete and illustrate this column:

My Reply Letter

[My inside address and date]

Christine L. Davis, Program Manager
Internal Revenue Service
Frivolous Return Prog. Stop 4450
Ogden, UT 84201-2001

Ref: Your enclosed form 3176C notice letter dated Nov. 16, 2017

Dear Ms. Davis:

You have sent to me a letter, a copy of which is enclosed. My response is as follows:

Letter in Reply to Ms. Davis or
To Whom it May Concern

I do not believe that the vague assertions made on your 3176C notice sent to me 11/16/17 (copy enclosed) amount to sufficiently formal controversion of the testimony on my return as to merit specific response.

For one thing, your notice fails to identify any actual flaw in my return. Perhaps you have mistaken my return for someone else’s. Perhaps you are simply trying to operate outside your authority in making these extortionate threats.

[Note: As a consequence of my suspicions that the enclosed 3176C notice may actually constitute a rogue, illegal activity without proper authorization (clearly “reflecting a desire to delay or impede administration of the US tax laws”), I am copying all correspondence on this matter to the Commissioner, as a minimum, as well as to select other public officials who may be legally cognizant and responsible for rooting out corrupt or criminal behavior in the people’s institutions.] ⇐ This is my own custom insertion—bw

Nonetheless, even though your 3176C is on its face meaningless, I will operate on the presumption that it is sent as a pretext on the basis of which you will imagine some further actions to be legitimized should I fail to rebut.

Therefore, you will find attached a sworn affidavit directed at each element of fact involved in the penalty with which you threaten me. In the absence of contradictory evidence of comparable focus and competence it is my informed, honest judgment that you are entirely lacking any legal grounds to proceed with your threats.

In any event, you bear the burden of proving your allegations, a burden which is NOT met by simply making vague assertions and threats. I suggest you seek competent legal advice. By the way, nothing I have done or do now by making this response or otherwise is to be construed as a waiver of any of my rights; further, I particularly demand and insist upon every due process protection relevant to this matter under the common law, Michigan law, and federal law.

This letter and its attachments will become part of the formal record of our correspondences and notices I have made to you, for use in all future legal proceedings.

______________________________________/__/__

Brian R. Wright
Ph: [    ]

Attachments:

Summary Affidavit of Brian R. Wright, enclosed—I have tried to be succinct and compact in this formal mailed response, this summary affidavit contains all essential statements of record and fact refuting any frivolous accusation.

Background-Detailed Affidavit of Brian R. Wright, located at www.brianrwright.com/bw2016_BD_Affidavit.pdf—This affidavit is six pages identifying and describing the foundations of my return in law and reason.

An incisive, helpful response to one of your bizarre, threatening 3176C notices from someone who based his return on the same foundations as mine, located here: http://losthorizons.com/A/FRP/BrianSFrivolousResponse.pdf

Then a post script:

This letter and its enclosures shall be sent CC to the following principal officials—with a cover note suggesting they investigate and remedy (or indict) what appears to be an instance of gross misconduct that I have alluded to in paragraph #3 above:

Commissioner of Internal Revenue
Honorable John Koskinen
1111 Constitution Avenue, NW
Washington, DC 20224

US Secretary of the Treasury
Honorable Steven Terner Mnuchin
1500 Pennsylvania Ave., N.W.
Washington, D.C. 20220

Foreman, Grand Jury
US District Court, Eastern Michigan,
Southern Division
Theodore Levin U.S. Courthouse
231 W. Lafayette Blvd.
Detroit, MI 48226

Assistant US Attorney Daniel Ramisch
Eastern District of Michigan, Southern Division
Theodore Levin U.S. Courthouse
231 W. Lafayette Blvd.
Detroit, MI 48226

Honorable David Trott
US Congressman, 11th District, Michigan
c/o 1722 Longworth House Office Building
Washington, DC 20515

My Summary Affidavit

Formatting will be a little bit off from the document itself.

AFFIDAVIT

I, Brian R. Wright, being of sound mind and upon my oath, depose and state as follows:

  1. The tax return I completed and submitted concerning the year 2016 contains entries declaring total (gross) income receipts and adjusted gross and net income receipts computed according to the instructions provided; a self-assessment of tax due upon the computed “net income” per the tax table provided; and an unaltered signed affirmation regarding the truth, completeness and correctness of these entries and assessment.

To the best of my knowledge and belief, the above-listed entries comprise information by which the substantial correctness of the self-assessment on the return can be judged.

  1. Aside from identifying information, address, signature and date, the Form 1040 with accompanying instruments I completed and submitted concerning the year 2016 contains nothing from my hand but:

* numeric entries
* For the filed form 4852
In line 4, an intended correction of the preprinted declaratory statement
concerning the notification of the Internal Revenue Service of my rebuttal of a
W-2 submitted by another from “I have notified the IRS of this fact” to “I hereby
notify the IRS of this fact”.
    Note: This change of wording constitutes the sole retroactive correction to
       my
2016 return.
In line 9, the answer to a question posed by the Secretary for an explanation
of how I determined what amounts to report on the various lines of the form:
“Party identified as Payer on Line 5 provided a W-2 that erroneously alleged
       payments of an IRC Section 3121 or 3401 transactions in Line 7(a)-hereby
       disputed. I deny that Payer and I had any IRC Section 3121 or 3401
       transactions in 2016.”
  In line 10, the answer to a question posed by the Secretary concerning what
     efforts were made to secure a correct W-2 from the payer listed on the form:
“None.”
* For the filed forms 1099:
 
statements declaring the purpose of instruments created to rebut allegations

     made by others, and jurats regarding those declarations and rebuttals.

To the best of my knowledge and belief, nothing on the return constitutes information that on its face indicates that the self-assessment is substantially incorrect.

  1. The information on the tax return I completed and submitted concerning the year 2016 is not based on, nor reflective of, any “position” identified by the Secretary of the Treasury or his delegates as “frivolous” and published as such pursuant to 6702(c).
  2. The content of the tax return I completed and submitted concerning the year 2016, and the act of its completion and submission, are not intended, expected or desired to impede or delay the administration of any federal tax law.

On the contrary, the return I completed and submitted concerning the year 2016 is my best effort to fully comply with all legal obligations to which I am subject to the best of my understanding of those obligations, and to conform with all relevant provisions of law as best I understand those provisions.

It is my sincere hope and intent that the return contributes to and is met with the smooth, speedy and proper administration of the federal tax laws.

  1. I am not an officer or employee of a corporation or member or employee of a partnership, who as such officer, member or employee is under any duty whatsoever concerning tax forms, reports or tax-related matters of any kind. Nor am I a member of any class illustrated or defined by the foregoing enumerated examples.
  2. I have never knowingly and intentionally created, acknowledged or supported any relationship or presumption of a relationship between me and the United States under auspices or by virtue of which the United States is authorized to seize property from me or subject me to fines or penalties other than by making a formal complaint and proving its claims to the satisfaction of an impartial judicial tribunal as Plaintiff in an adversarial proceeding in which I enjoy the benefit of all presumptions, and which conforms to the specifications of the Seventh Article of Amendment to the United States Constitution.

I affirm under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed and Signed… [space for you and the notary public.]

Summary and Admonition

To my friends in the CtC community and to all friends of liberty: The Hendrickson Discovery is the centerpiece today for the recovery of our freedom and for the people to take charge of and clean up government at all levels, especially at the federal level. The esteemed Jerry Day via his freedomtaker.com site has posted a wonderful commentary asserting our nature—and our birthright—as FREE men, not SLAVES. Similarly, by insisting on the law (what we KNOW to be true) filing educated asserts to all the world that what’s ours is ours and the income tax law as written does NOT apply to our direct non-privileged earnings.

Roughly three $trillion annually is sent to the federal government out of ignorance of the law. Without that kind of stash, the US government cannot AFFORD to be doing all the horrible things it is doing to us domestically and to others overseas. It WILL have the funds necessary to fulfill its limited constitutional functions, such as a proper defense. [By the way, the official story of 911 and the War on Terror it catalyzed are complete frauds, which were intended by Old World Order insiders to steal all our blood, liberty, and treasure. Read acclaimed international journalist Christopher Bollyn’s hot-off-the-press, brief analysis: The War on Terror: The plot to rule the Middle East.]

Spread the good word. ⇐ Use this link for materials, then send letters to presumed liberty commentators and opinion leaders to get on the bus and endorse the CtC wonderful and convenient assertion of our freedom and people taking charge. I’ll formulate a letter template for sending to liberty opinion leaders shortly.

“When the power of love overcomes the love of power, the world will know peace.”
— Jimi Hendrix

PS: Issue a Freedom of Information Request

This note supplied by FreedomLover, many thanks. I am certainly going to follow up with a FOIA request:

More thoughts on this…
When you receive one or more bogus frivolous return penalties, immediately send an FOIA request for the IRS’s internal Form 8278, which must list the specific frivolous argument that you were accused of claiming on your tax return(s).

Below is the 1-page FOIA request that worked wonders for me. Remember to include a 2nd page on which you include a photocopy of your driver license (or any other govt ID with a photo). Also, replace all of the information in square brackets with your own info, of course. Lastly, get it notarized.

Via Certified Mail No. [insert 20-digit certified mail number] mailed on [insert date]

Internal Revenue Service
Disclosure Scanning Operation – Stop 93A
P.O. Box 621506
Atlanta, Georgia 30362-3006

Re: Request under Freedom of Information Act and Privacy Act

Identification: [Your Name] SSN: [xxx-xx-xxxx]
*See attached page with photocopy of my driver license as ID

Purpose: Secure a copy of documents pertaining to [Your Name] for tax years [List relevant tax years, separated by commas].

Authority: 5 U.S.C. §552/552a

Dear Disclosure Officer:

This request is being made under the authority of the Freedom of Information Act / Privacy Act at 5 U.S.C. §552 / 552a. I am entitled to a copy of these records, as they pertain to me.

Please provide true and correct copies of the following business records:

1. Forms 12775 and 8278 related to [Your Name] for tax years [List relevant tax years, separated by commas].

This is my firm commitment to pay search and copying charges up to the amount of $20.00.

The purpose for this request is to establish whether proper procedures have been followed regarding the application of civil penalties. Thank you for your prompt attention to this matter.

Sincerely,
_______________________

Subscribed and sworn before me this ____th day of ________________, 201_.

_______________________
Notary Public

Samples of My CC Letters to Other Pertinent Public Officials Listed Above

I’m going to post these by the end of tonite, 12/13/2017, to my site: http://brianrwright.com/FRPccs.zip. These follow the same basic content, and you get the idea of how to do this from my letter listed below to the US Attorney for my district. [Note: I am not taking the trouble to send these letters certified with receipt acknowledgment, just first class. I do include copies of my reply letter to the 3176C and of my summary affidavit, so the entire mailed letter to these other officials will include ]

Street
City, State, Zip
December 14, 2017

Assistant US Attorney Daniel Ramisch
US District Court, Eastern Michigan,
Southern Division
Theodore Levin U.S. Courthouse
231 W. Lafayette Blvd.
Detroit, MI 48226

Subject: Complaint: Possible Rogue and Unlawful Behavior in the Internal Revenue Service

Dear Mr. Ramisch:

A 3176C form letter dated November 16, 2017 was addressed to me from a Ms. Christine L. Davis at the following address: Christine L. Davis, Program Manager; Internal Revenue Service, Frivolous Return Prog. Stop 4450, Ogden, UT 84201-2001. That letter has an internal number 1483000192 and I have a copy posted at this location: http://brianrwright.com/FRP_Letter_20171116_Christine_Davis.pdf.

The 3176C letter appears to be an unlawful threat to me and is a punishable offense per 18 US Code 876 (using the US mail to send a threatening communication). It also appears to be a punishable offense under 26 US Code 2714 (using one’s position to extort or oppress under color of law).

I enclose my formal, timely reply to this bizarre notice along with a copy of a notarized summary affidavit that asserts the lawfulness and sincerity of my filing. It is my serious hope and intent that the return contributes to and is met with the smooth, speedy and proper administration of the federal tax laws.

Indeed, the reason for this advisory letter to you is that I have notified IRS Commissioner John Koskinen that the IRS suborganization and persons responsible for sending the errant 3176C are “reflecting a desire to delay or impede administration of the US tax laws.” And I wanted you, Mr. Ramisch, to take an active interest in seeing the situation investigated and possibly indicted by the grand jury.

Here is my advisory to Mr. Koskinen

“… I wanted to bring this apparent infraction to your attention, so you may promptly enjoin this suborganization and persons a) to cease and desist in their corrupt activities, b) to apologize to me and to others whom it appears have received similar notices for similar filings based on a proper and legal assessment of income, and c) to submit to whatever internal quality control or disciplinary procedures you have in place to assure provisions of your highly regarded Taxpayer Bill of Rights are faithfully carried out per your oath of office.

“Thank you in advance for your prompt investigation and corrective action, Mr. Commissioner.”

So, Mr. Ramisch, in the interests of justice and fairness, I hope you will take an active interest to nip such demonstrably corrupt public official behavior in the bud. If the remedy requires a formal investigation and indictment from the people’s independent grand jury, that is the American way of our sacred heritage—go for it. [I am also asking that you formally submit my complaint to the jury foreman of an independent federal grand jury for this district for investigation and indictment.]

Sincerely,

Brian R. Wright
###

So there it is, the ship has sailed. I’ll keep my readers posted as best I can on the consequences of all this civic responsibility activity. The point of virtually any letter you send to a public official is to formally file a grievance or complaint for the purpose of bringing an independent people’s grand jury indictment of corrupt public official behavior. Be polite and firm. Remember to always think offensively, exercising your duty as a citizen to enforce our country’s First Principles on noncompliant, oath-breaking public officials. Turn every one of their attacks on you into a First Principles’ specific attack on them. It’s just good strategy for any contest, do not let yourself be trapped on the defensive. Attack, attack, attack. Remember, THEY are the criminals, not you. Root them out.

Update 20171220

Response from Pete Hendrickson after I pinged him regarding what others were com-menting, particularly from the Missouri CtC forum:

“Brian (and you can pass this on to Steve, anyone else getting that thread), when I decided to organize the ARG44 suit, I applied to my entire newsletter list (8500 direct email subscribers and an indeterminate additional number of self-providing readers) for qualified plaintiffs. The only criteria to begin with was having gotten a frivolous threat letter, and then having gotten some kind of follow-up (like a notice of levy) after it had been responded to with a “go pound sand” response (or ignored completely).

“That is, the only qualification was to have actually had a frivolous threat go past being a desultory, empty scare letter and proceed to something looking a bit more deliberate and meaningful.

“Only around forty people have identified themselves as qualified under that standard after more than a year of soliciting participants (and of those forty, more than thirty have secured internal IRS docs proving that their cases all involve the ARG44 hoax, meaning, “are not even an meaningful pretense of being real or valid”).

“At the same time, anyone reading through the EWWBL pages can see how these scary FRP letter-sendings usually play out, AND that only a small minority of people are targeted with those scare letters, even when they ARE the objects of agency efforts to resist their educated filings.

“That goes to Steve’s other thing about whether anyone goes year after year without these harassment/discouragement attacks– the answer being, without FRP attacks, certainly, as that record plainly shows, and without any, certainly, as can be seen in the following testimonials: https://youtu.be/6F8EHxiLQnI, https://youtu.be/alODwQEIm1U, http://youtu.be/M_cE4suTyeI, http://youtu.be/FBpCBhEJthM and http://youtu.be/mswbvfBqmIY. A search through the posted victories will reveal many others.

“I hope this helps.

“As for your other Q about whether you are doing a wise thing [sending the letters to other officials], I don’t think it is unwise, even though with you having not even received anything but the first flailing scare letter, and not actually being threatened with real harm yet but only facing a rebuttable assertion (them taking a shot at you not responding, that is, and thus giving them much latitude for further bad behavior), you may be jumping the gun. Mostly when those affidavits rebutting their assertions go out on time, nothing more is heard from these folks.

[I wound up sending the letters, with the exception of the one labeled to the Grand Jury Foreman of the Eastern Michigan Southern US District, since I know that any such grand jury is effectively a state-run grand jury and, hence, not a grand jury at all. Instead, I have registered with the US attorney my complaint to the foreman of an INDEPENDENT federal grand jury.]

“Your call.”

As you can see, Mr. Hendrickson is of the mind that these original 3176C notices are hoax, bluff, and scam-based, that very few of them proceed to actual levies or other action. We shall soon see what happens in my case. And I’ll post updates as they come in. Whatever happens, I am firmly convinced that I am honestly applying the law and working to prevent federal officials from “delaying or impeding administration of the US tax laws.”

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17 thoughts on “Brian’s Column: My CtC ‘Frivolous’ Adventure Begins

  1. I have initiated a lawsuit against the Dept of Treasury, IRS and 4 IRS employees in their individual capacity for mail fraud, extortion, violation of the FOIA (i.e. refusal to send TXMODA) and am seeking the maximum penalty for each offense with a trial by jury. I want my property back!

  2. Brian,
    I just got a Frivolous letter today.. Many questions. The letter is LTR 3175C . No Tax years listed on it. No totals to any taxes or even tax years. No dates to answer or reply. It actually looks like a computer generated letter of Warning, but not acknowledging and years or Tax..

  3. David,

    Can’t help you much. I have been meaning to publish a sequel column, but nothing is resolved yet. The ‘agency’ has issued two wholly baseless FRP penalties ($5K) for 2016, then 2015. It assessed some different number of tax that I supposedly owed them (deficiency) for 2016, but the number doesn’t gibe with their own documents. I’ve responded as shown in the column to both 2016 and 2015 claiming full rights and holding to my sworn statements. And I copy ‘Christine Davis’ on all my certified responses to various agency followup letters of intimidation or stalling.

    Basically, the rogue FRP function inside the agency is ignoring the law, any reasonable or principled response, and just consistently moving forward as if I owe these penalties. I respond by insisting on my rights, a collections due process hearing (CDPH), and continually reiterating what they owe me for 2017 (~$2700)–what they did for 2017 is accept my educated return and apply the refund to bogus tax I supposedly owe for 2016 and the 2016 penalty!!!

    I respond to all notices with certified denials and reiterations of what the agency owes me, and demands for rescinding the penalties–which I know from the disclosure function in Atlanta are illegitimate: in the 2015 case there’s no record of any 8278 or 12775 being written, in the 2016 case the 8278 has a note for the ‘frivolous’ AR 44 designation… with no clear authorship, only a clerical ‘signature.’

    In short, inside the IRS exists a corrupt engine that completely disregards the law and ignores one’s arguments. It’s not something you can argue with. At the same time, I do think the people of this engine of corruption are blowing a gasket and are terrified that the truth is getting out. So the actual effect on us educated taxpayers is unevenly applied. They seem to alternate between sending intimidating letters and saying they’ll get back with me. At this point I’m just insisting by certified letter that I have no taxable income (except Social Security) and that the agency needs to retract their corrupt penalties and send me my 2017 refund.

    In the absence of people’s independent grand juries there’s no way to get lawful behavior across the entire agency. Pete has mentioned a class action suit against the corrupt FRP operation and I’m in. Everything Pete has discovered is absolutely true, the agency is terrified of the truth and knows one day everyone will file educated. The corrupt operation is simply acting as intimidators now, to scare people.

    I’m not scaring, regardless of what they do. I’m insisting on the return of my rightfully earned property and the proper administration of the income tax laws of our country. I shall continue to file educated, and am looking forward to the 2018 season. AND independent people’s grand juries to root out this vile corruption that thousands of us have documented, AND Pete’s class action suit in the meantime.

    I guess I’ll post this as a reply to your comment on my site. Wish I had this resolved. The certified letters are $3.95 apiece. 🙂 I rightfully would bill the Agency for every one.

  4. Brian, is there a follow up to you results from the Frivolous Submissions Penalty event?
    I am a CTC Virginia member. Tim forwarded this link. I read your blog about it.
    What was the result? Please email me ASAP.
    Thanks David

  5. I filed a 1041 for my trust/estate. In turn, my filing was deemed frivolous. I called the 866 IRS number but the recording said I needed the file a 1040X which does not apply to my filing. WTF?

  6. @Weston, If you are willing I would like to chat with you about your experience filing with the State of Arkansas.
    I filed an amended 2013 return and they continue to withhold my property and ignore my amended return. Pretty much exactly what you said in your comment about the state is what I have experienced as well.

    -Emily Marcellus

  7. HI Brian, NO…. it doesn’t make a difference how you respond they will still hit you with the FR fine. We got hit for both 2015 and 2016. I’ve sent in all kinds of appeals which have been denied because they have not proceeded to a levy yet. I have been in contacted with a paralegal to quote the cost to draft a federal complaint ( 26 U.S.C. §7422: Civil Actions for Refund-statute for use ONLY by “taxpayers” to get refunds. or 26 U.S.C. §7426 if you are a “nontaxpayer”. • 26 U.S.C. §7426: Civil Actions by persons other than taxpayers-use this statute as authority to sue as a “nontaxpayer” ….. The question I would need to clarify is even though I filed does that make me a taxpayer? FYI both 2015 and 16 where 1040Xs (filed March 2017)and I have not received ANY feedback on 2014 1040X (July 2017).

  8. Weston, I may have gotten off lightly. I did get another FRP recently for my 2015 filing, but so far no reply to what I sent out as described in my column. I think Pete is right that for some they just try to hoax them into compliance, but when they don’t buy the hoax the agency leaves them alone. But I also believe they go ahead and proceed with intent to levy for several. When that happens I’ll join whatever class action suit is being discussed. One thing for sure, I wouldn’t know how to file anything but educated from now on. I’ll be filing educated this month for 2017, we’ll see what happens. It has to come to a head soon. Doreen won’t buckle. Pete didn’t buckle. Few of us are buckling (in my case I wouldn’t even know how to do it to make them happy); they’re just wrong and I’m just right. I was fortunate to have gotten my property back already. Sorry you didn’t.

  9. Hey guys, nice to find a thread where I can talk to some CtC people. I tried to get an Arkansas group going by doing group e-mails and the like but haven’t gotten much feedback at all. Seems like the Missouri folks are a little more spunky!

    Great write up, Brian. I’ll apply your info here to my next response. It’s worth a shot. Nothing else seems to work against the agency. Since 2014, and for an amended return for 13, I’ve gotten countless frivolous notices. With a bunch of intent to levy notices to boot. It’s hard for me to believe it’s such a small percentage of people that get these things when I’ve gotten them for every year I’ve done educated filing. I also get much grief from the state as well. That was an interesting one. They backed off in a very strange way but of course did not cough up my property. Anything but that!

  10. Brian, outstanding work!!!
    As a fellow CtC filer, I’ve been playing their game for over a decade now, and have even had a fraudulent lien filed in my county clerk’s office. Working on that now to get lien lifted.
    One of the key things that will hopefully come from all of our work, is revealing these cockroaches as actually being fraudulent persona. Other tax cases in the past have shown many or most of them operate under a pseudonym, so filing charges and arresting Christine Smith might not be possible, since that person doesn’t exist.
    Best to all of you.

  11. Hello,
    I am a Californian & a member of the CtCCalifornia Group (Blog). Myself as well as what appears to be a lot of other people are being steam-rolled by California FTB regarding Frivolous Penalty & assessment notices. The FTB is completely ignoring properly & lawfully filed returns, accompanying affidavits and any/all correspondence and simply firing off FRP notices & demands for payment with no other response whatsoever.. claiming as well that it is illegal to protest their demands under California law. This is crazy. Is anyone else experiencing this in the CtC community and has anyone found a solution to this obstruction & fraud being perpetrated by California FTB?

  12. Gregory, count me in on any class action or phone calls to the marshals, etc. I’m not sure I have standing yet for class action, as not announcement of levy has been made, but I’m ready. This is the nice thing about CtC, we don’t have to skulk around in dark corners, because the law is very clear about the income tax–well, clear if you take the time and know how to read the definitions of the terms–and we are standing for the law here.

  13. I am very close to calling the US Marshals to arrest Christine L Davis for theft of one of my clients tax refund and for obstruction of justice. Perhaps many Ctc filers will join me in this. Please let me know. The more who join me will help convince the US Marshals to act along with citing the Popes Motu Propio declaration.

  14. Thank you very much Brian! The article is well prepared and very informative. I saw the “Big Picture” affidavit on the losthorizons.com website as well, but was not sure on whether to use that one in my initial reply to the 3176C letter, or simply the “Summary Affidavit” you posted.

    After feverishly working at trying to compose my adaptation to the same documents you utilized above, I believe I will follow the same four documents and mailing sequencing you suggested.

    Keep up the great work here. All we Missouri CtC Warriors truly appreciate your efforts.

    God save our republic,
    David-Rae: Custer

  15. Great post Brian. Thanks.
    More thoughts on this…
    When you receive one or more bogus frivolous return penalties, immediately send an FOIA request for the IRS’s internal Form 8278, which must list the specific frivolous argument that you were accused of claiming on your tax return(s).

    Below is the 1-page FOIA request that worked wonders for me. Remember to include a 2nd page on which you include a photocopy of your driver licence (or any other govt ID with a photo). Also, replace all of the information in square brackets with your own info, of course. Lastly, get it notarized.

    Via Certified Mail No. [insert 20-digit certified mail number] mailed on [insert date]

    Internal Revenue Service
    Disclosure Scanning Operation – Stop 93A
    P.O. Box 621506
    Atlanta, Georgia 30362-3006

    Re: Request under Freedom of Information Act and Privacy Act

    Identification: [Your Name] SSN: [xxx-xx-xxxx]
    *See attached page with photocopy of my driver license as ID

    Purpose: Secure a copy of documents pertaining to [Your Name] for tax years [List relevant tax years, separated by commas].

    Authority: 5 U.S.C. §552/552a

    Dear Disclosure Officer:

    This request is being made under the authority of the Freedom of Information Act / Privacy Act at 5 U.S.C. §552 / 552a. I am entitled to a copy of these records, as they pertain to me.

    Please provide true and correct copies of the following business records:

    1. Forms 12775 and 8278 related to [Your Name] for tax years [List relevant tax years, separated by commas].

    This is my firm commitment to pay search and copying charges up to the amount of $20.00.

    The purpose for this request is to establish whether proper procedures have been followed regarding the application of civil penalties. Thank you for your prompt attention to this matter.

    Sincerely,
    _______________________

    Subscribed and sworn before me this ____th day of ________________, 201_.

    _______________________
    Notary Public

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