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Category: Business Law
Satisfied Customers: 4634
Experience:  23 Years business & securities law, NY and FL bars. SEC all states.
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I have a Section 1983 question. IRS has acknowledged in cer

Customer Question

I have a Section 1983 question. IRS has acknowledged in certified documents that I owe no tax for a specific year, yet they are sending me a levy notice related to that no-tax-owed year. I have certified mailed them all related documents three times and requested replies from them as to why they are sending me a levy notice for a year in which they themselves have declared no tax owed. Since they have refused to respond to any of my correspondence, I wish to file in Fed. Court for an injunction to prevent them from sending any more mail of this nature. My sense is that Section 1983 applies due to attempting to deprive me of right to private property without grounds or justification, and that 18 USC 1512 applies due to to them demanding that I lie on official documents, and that 18 USC 872 applies due to their attempted extortion, and that 18 USC 876 applies due to their using the mail to send threats. Am I correct in concluding that a Section 1983 Motion is applicable to my situation, and what are my confirming tests for applicability? Thanks.
Submitted: 6 years ago.
Category: Business Law
Expert:  FLCORPLAWYER replied 6 years ago.
You need to make an appointment and go to your local IRS office in person and speak to a revenue officer about this. They can clear whatever needs to be cleared on the computer instantly. DO NOT file suit under the grounds you have enunciated. All of these arguments have been tried many times before by people mad at the IRS and none of them has done anything other than to make a federal judge really mad. IRS collection notices and levys are not threats, not extortion, not attempts to deny a taxpayer his private property.
Customer: replied 6 years ago.

Your response mentions people mad at the IRS rather than me as an inquiring citizen wanting to understand the law, you mention arguments rather than statute/facts, and you mention judges' emotional reactions. I am unclear what these elements have to do with me or my situation. I appreciate that you may be warning me based on some study and knowledge that have, which I value if it accurately applies to my situation.

Also, I cannot tell from your reply how these levy notices are not threats, extortion, and attempts to take property that rightfully belongs to me - given that is what their statements indicate they are doing and intend to do.

I do not have a "local IRS office", which is why I relied on certified mailings to communicate and request communication back to me. Also, we are talking about 4 separate mailings over 10 months, which has provided ample opportunity for the certified recipient to update the computer file.

I don't want to assume too much, but are you saying that IRS is immune from the laws that I mention? If yes, can you tell me the statute, court order or presidential order which grants them immunity relative to the actions they have taken? (are they immune from Section 1983?) Please tell me why you feel confident in saying that these actions do not qualify under the readily accepted definitions for threats, extortion, attempts to take property. This is all done without grounds and without a willingness to communicate to me about their presumed grounds for making such threatening statements. I cannot even mention a position that they reference to justify their action because they have not provided me with such a position.

Also, based on your appreciation for the way laws apply, do you feel that it is more applicable to reference 26 USC 7214(a) rather than the ones I mention?

Expert:  FLCORPLAWYER replied 6 years ago.
I'm sorry you want a treatise on Federal tax law, I tend to give people practical advice. The basis for my statements was that I have been practicing as an attorney for 23 years against the IRS, (well actually the first 5 years I was a US Attorney representing the IRS) and I have seen every argument you are making shot down in court so many times, I cant even count them all in my head. So once agaqin, I suggest you hire an attorney or an Enrolled Agent to deal with this error, rather than starting litigation in Federal Court that you will ultimately find very unsatisfying.
Customer: replied 6 years ago.
No treatise requested or desired. I am not intending to make arguments that are hazardous, or that have the high probability of being shot down. I am not trying to be stupid and take up court time with the wrong thing. I am trying to understand when and if Section 1983 and/or 7214(a) apply to this kind of series of events and when they apply to any person that finds themselves in this kind of situation. I am looking for some rational fact-based feedback that relates to citizens with no wrong-doing that wish to be protected from ungrounded harassment and that are being coerced into time-consuming, expensive, and stressful hearing activity for which the party initiating the problem refuses to provide basis or grounds. I have already spent time and energy with certified correspondence and cannot get the other party to reply and explain their actions and statements. You are not being helpful because you are not addressing my questions: 1) Is the IRS immune from federal statutes which protect people from being sent chronic fraudulent invoices through the mail? 2) Is the IRS empowered by law to ignore certified mailings which correct official records? 3) Is IRS immune from laws which protect property rights? 4) Is IRS immune from Section 1983 specifications which prohibit criminal activity under the color of law? If you know of immunity statutes or immunity orders I would appreciate your letting me know what those are. Do you know anything at all that will help in answering these questions?
Expert:  FLCORPLAWYER replied 6 years ago.
1) The invoices are not fraudulent. They are a mistake. Nobody at the IRS is trying to defraud you. 2) No government agency is "empowered by law" to ignore certified mail. That's not what happened to you. 3) and 4) This is not criminal activity therefore 1983 and other fraud laws do not apply. It is an accounting mistake. (Maybe).
Customer: replied 6 years ago.
I do not want to attempt to figure out why you are being evasive with me. I cannot think of a clearer way to communicate the facts to you, or to request that you respond to the facts. When I receive several invoices over many months which are all inaccurate and I provide corrective communications and request replies which are never provided, you say that the other party is making an accounting mistake. When my certified correspondence receives no reply, you say that it did not happen. When I receive unsubstantiated notices threatening to levy property, you say that is not criminal activity. When I ask you questions about specific laws or regs like 7214 (a), you refuse to address them. I feel as though this conversation is in some kind of twilight zone and that we are talking about two different sets of circumstances. Are you really a lawyer, or are you playing a joke on me?
Expert:  FLCORPLAWYER replied 6 years ago.
Were not getting anywhere because although I answer your questions, you will not believe any answer which does not comport with your own beliefs about this situation. So what I think we should do is I will opt out of this question, and hopefully another attorney will pick it up and run with it. Somebody who will confirm for you that you have been singled out for criminal prosecution by the IRS in a governmental conspiracy. PLEASE do not hit the ACCEPT button or you will be paying for my unsatisfying answers, and please do not respond to me again or the question will jump right back into my queue to answer. Thank you.
Customer: replied 6 years ago.
There is no conspiracy or prosecution happening, even though you are saying there is. You have not answered my questions, and then you state that you have answered them - just look at the thread. I am not talking about beliefs, but rather factual occurrences and how I can best address them, above and beyond the efforts that I have already made. Would it not have been better for you to tell me straight up that don't know how to answer? Please close this conversation with clarity rather than making up things and attaching them to me as if I have said them.
Expert:  FLCORPLAWYER replied 6 years ago.
Hopefully another expert can help out. Please stand by and thanks for using our service.