FORMS: 9.13 DEMANDING MORE THAN IS REQUIRED BY LAW |
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This form is a very useful intimidation tactic for use against IRS agents during a tax examination. It establishes basis in law for assessing criminal penalties and fines against IRS agents who try to collect more than they owe form a taxpayer or more than the law requires. It is based on 26 U.S.C. Sec. 7214 Demanding More Than Required By Law "Sec. 7214. Offenses by officers and employees of the United States "An exaction by the U.S. Government, which is not based upon law, statutory or otherwise, is a taking of property without due process of law, in violation of the Fifth Amendment to the U.S. Constitution." [26 CFR § 601.106(f)(1)] "[T]he Commissioner of Internal Revenue shall terminate the employment of any
employee of the Internal Revenue Service if there is a final administrative or judicial
determination that such employee committed any act or omission described under subsection
(b)... "If, in connection with any collection of Federal tax with respect to a
taxpayer, any officer or employee of the Internal Revenue Service recklessly or
intentionally disregards any provision of this title, or any regulation promulgated
under this title, such taxpayer may bring a civil action for damages against the
United States." |