FORMS: 10.5 SAMPLE REPLY LETTER FOR IRS FORM LETTER 541 REQUESTING BACKUP WITHHOLDING
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This is a response for the "FINAL BACKUP WITHHOLDING NOTICE". This is form letter 541, back in 1984.


<<DATE>>

<<NAME>> <<ADDRESS>>6 <<CITY, STATE, ZIP>> Directed personally to: Internal Revenue Service, Department of the Treasury Kansas City, MO 64999

I am in receipt of your unsigned form letter numbered, "541" headed "FINAL BACKUP WITHHOLDING NOTICE" dated "_____________" and further labeled as "TAXPAYER IDENT. NUMER: ______________", "ZF" and "TAX PERIOD: ___________".

I did not submit a "US INDIVIDUAL INCOME TAX RETURN" for the "Tax period ending 12/31/84," or any other year, as I did not believe I had any obligation to do so. I respectfully deny any presumption to the contrary.

I also believe I have broached this matter with your Service in the past and your Service has failed to respond and also failed to furnish any documents that show any such obligation.

If you agree that I have no obligation, I request that you correct any and all errors in your records and notify me of the actions you have taken to make these corrections.

If you disagree, I make respectful demand that you produce, and send to me, all hard copy documents that fully detail and describe that obligation, with at least the following documents:

1. All documents on which you base your position that I have an obligation to submit a "Form 1040 – US INDIVIDUAL INCOME TAX RETURN" for the "tax period ending 12/31/20____."

2. All documents that specifically identify all laws, statutes and regulations that impose an obligation upon me to submit a "Form 1040 - tax return" for the "period ending 20____."

3. All contractual or waiver documents that I signed or any judicial decisions that obligated me in any way to your Service or to any specific performance.

4. Copies of all determinations made by anyone in your Service that concluded that any obligation was imposed upon me, and which specifically determined the extent of that obligation.

5. Copies of the specific "Notice" documents, sent or served upon me, prior to the making of any of the above determinations.

6. Copies of all delegation of authority to make any determinations in reference to me.

7. Copies of documents that identify all the coded numbers and letters on the top of the form sent to me.

8. The documents that describe the format for making a request for correction or for making a request for specific documents describing any obligation upon me and your specific authority to determine, impose and enforce any such obligation, if this present format is insufficient to meet your internal procedure.

My authority for making the above respectful demand, if you disagree, is made as a matter of right and supported by the following Supreme Court decision"

"Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority...and this is so even though as here the agent himself may have been unaware of the limitations upon his authority."

[Federal Crop Insurance v. Merrill, 332 U.S. 380, 384 (1947)]

I will expect your response to my request for correction of error or to my respectful demand for the documents requested, within 30 days of your receipt of this letter.

If you need additional time, please make your request in writing, stating the amount of time needed, and it will be granted.

If I do not hear from you within that time, your lack of response will establish the presumption of your error and will also establish that you do not have any documents responsive to my request or any documents verifying your authority to support or make any claim of any obligation upon me.

I thank you in advance for your timely cooperation.

/signature/ <<NAME>> All rights reserved without prejudice, UCC 1-207