May 18, 1996 Agent Name, Revenue Agent Internal Revenue Service Name of Your District Department of the Treasury, Puerto Rico 1515 E. Fulton Garden City 67846/tdc KANSAS STATE Re: Your letters of May 13, 1996 Enclosure: IRS & IRC Memorandum by Dan Meador, Ponca City, Oklahoma state Revenue Agent Puckett: We are going to combine response to your letters of May 13, 1996 as it seems a fruitless exercise to duplicate response on basically the same matter: In your letter, you failed to disclose authorities and particulars which we have previously requested, and have otherwise failed to cite either statutory or regulatory authorities requiring us to provide you information from any of our private records. With all due respect, we will at this juncture decline appointments scheduled for May 30 as you have failed to provide sufficient information for us to be responsive to, and you have failed to otherwise establish Internal Revenue Service authority to issue summons, conduct audits, engage in canvassing or any other tax assessment or collection activity in the several States, Kansas included. We would surmise that you allege authority under 26 U.S.C. §§ 7602 & 6020. However, it will be found that the only regulatory authority for either is under Title 27 of the Code of Federal Regulations, said title being under Bureau of Alcohol, Tobacco & Firearms administration. There is no corresponding authority under 26 CFR, Part 1 or 31. If your demand is premised on 26 U.S.C. § 6020, it appears that you have misrepresented the statute: § 6020(a) requires consent on the part of whomever wishes to file a return authorized by the title, and § 6020(b) authorizes the Secretary to make returns required by the title. The "person made liable" is the person required to file the return ... see §§ 6001 & 6011 as antecedent to § 6020. Based on our research, and that of Mr. Dan Meador (see enclosed memorandum), we do not believe we are persons liable for taxes prescribed in the Internal Revenue Code, particularly with respect to Subtitles A & C, and we certainly aren't liable for taxes prescribed by Subtitled D & E or tax treaties -- we don't engage in any off-shore or foreign enterprises which might be construed as falling under such treaties. Therefore, there are two antecedent requirements prior to submitting to an audit: First, we have not received notice from the Secretary that we are liable for any particular tax and are required to keep books and records pertaining to any given financial activity; and second, you have failed to provide a taxing statute which specifically sets out what tax is being imposed and the basis of liability -- see requirements set out in United States v. Community TV, Inc., 327 F.2d 797, at p. 800 (1964) for particulars: "Without question, a taxing statute must describe with some certainty the transaction, service, or object to be taxed...", citing Hassett v. Welch, 303 U.S. 303, 58 S.Ct. 559, 82 L.Ed. 858. Certainly you don't want books and records on diaper training and banjo picking; we have yet to find Internal Revenue Code tax liability on those enterprises, and to the best of our knowledge, we are not liable for filing returns under provisions of 26 CFR § 301.7512-1(a)(1)(iii) -- at least we have received no notice to that effect. Therefore, we respectfully demand that you: (1) comply with the requirement that the Secretary serve notice that we are required to keep books and records, and (2) provide a specific taxing statute which discloses what transaction, service or object is to be taxed. To that point, any audit would be an exercise in futility as we wouldn't know what books and records IRS is entitled to examine and what obligations we might legitimately have. To the point these antecedent requirements are met, we respectfully decline the invitation to disclose our records to you or any other officer or agent of the Internal Revenue Service. When you comply with provisions set out in applicable statutory and regulatory provisions, we will compile such information as is responsive to obligations imposed by the Internal Revenue Code, and if necessary, submit the records for audit providing you establish regulatory authority to conduct such an audit. It is our belief, based on information enclosed, that IRS does not have legal standing in the several States, being an agency of the Department of the Treasury, Puerto Rico, and that Internal Revenue Code taxing authority does not extend to the population at large within the several States. To the best of our knowledge and understanding, all matters of law and fact presented herein are accurate and true. Regards, Jack and Jill Patriot # # #
Return to Table of Contents