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The Empire Strikes Back!
First Contact
Letter from the IRS District Office


14 October 1997

What follows is the initial communication I received from the District Office
and is actually signed by Ms. Kathy Rapp, Group Manager.
The headings on the form they are requesting for me to sign says:
"Tax Examination Changes"

It is printed in mixed case using the courier font by a dot-matrix printer.
My footnotes appear as [#]

Internal Revenue Service                 Department of the Treasury  [1]

District Director                        Taxpayer Identification Number:
                                         ###-##-####   [2]
                                         Tax Year Ended:  1996

Date: October 14, 1997
                                         Contact Telephone Number:
                                         (804) 771-2920   [3]

                                         Contact Address:
                                         Internal Revenue Service
                                         P.O. Box 10067 - Rm. 900
                                         Richmond, VA  23240
                                         Attn: SFR Program

>  Brad Barnhill
   109 Shale Place
   Charlottesville, VA  22902

     We have no record of receiving your Form(s) 1040, U.S. Individual Income
Tax return, for the tax year(s) shown above.  We have take the necessary 
steps to calculate your tax based on income reported to us by your
employer(s), bank(s), etc.  Based on the information reported to us under your
social security number, we have computed your tax, penalties, and interest as
noted on the enclosed Form 45490A-CG, Income Tax Examination Changes, for the
above year(s).

     Your best course of action is to file your own tax return(s) with us.

     You have 30 days from the date of this letter to complete one of the
following: [4]

     1.  File your delinquent Form(s) 1040 with us;

     2.  If you agree with the proposed calculations we have
         enclosed, sign and date page 2 of the enclosed Form 45490A-CG and
         return it to us in the enclosed envelope;

     3.  Explain why you are not required to file a tax return or enclose
         information you would like us to consider; or

     4.  Appeal the proposed assessment.  Enclosed are Publication 5, " Appeal
         Rights and Preparation of Protests for Unagreed Cases," and
         Publication 1, "Your Rights as a Taxpayer," explaining the rights you
         have concerning assessment and payment of tax.

[1] Department of the Treasury?  Not U.S. Department of the Treasury?
For an interesting assessment of this, see PUBLIC NOTICE of IRS History.

[2] I executed my Affidavit of Revocation and Rescission on February 10, 1997 and amended it on June 18, 1997.

[3] Never, never, EVER call them.  If they call you, pleasantly ask that they put all their questions in writing and mail it to you so there is a permanent record.

[4] Eddie Kahn (pronounced CANE), would use #3 and simply state that you are not subject to the Public Salary Tax Act of 1939.  SaPF pursued option #4.
     If you do not take any of the above actions and allow the 30-day period
to expire, we will issue you a statutory notice of deficiency which allows you
90 days to petition the United States Tax Court.  If you allow the 90-day
period to expire without petitioning the Tax Court, we will proceed with the
assessment of tax and penalties based on our computations noted in the
enclosed examination report.  [5]

     If you agree you owe additional tax but cannot pay all the balance due,
send us as much as you can with your return(s) or the signed agreement and
tell us when you can pay the remaining balance.  We may be able to arrange for
you to pay the balance in installments, provided all you tax returns are
filed.  [6]

     You may order blank tax forms, schedules, instructions, and publications
by calling toll free 1-800-829-3676.  Once you have placed your order, allow 
two weeks for delivery.

     Do not mail your delinquent return(s)or signed agreement to any address
except the above address to ensure that no unnecessary delay is generated.  An
envelope is enclosed for your convenience.

     If you have questions, write or call the person whose name and telephone
number are shown above.  If you write, please provide your telephone number
and the most convenient time for us to call. Our office hours are Monday
through Friday, 8:00am to 4:30pm.

     Thank you for you cooperation.

                                         Sincerely,

                                         /s/ Kathy Rapp 
                                                      CMH
                                         Kathy Rapp
                                         Group Manager


Enclosures: [7]
Examination Report(2)
Publications 1,5, and 594
Notice 609
Envelope
Form 9465

[5] And they mean it.  If you do nothing, you lose.  There are some strategies purported to work, but once you are presumed to have a liability, you have a liability.  Tax Court is not where you want to end up either.  This is an Administrative court, and has no jurisdiction to consider Constitutional Arguments.

[6] Hey baby, will you do it with me for $100?  No way would that be enough!
What about $500, baby?  What kind of girl do you think I am?
We already know what kind of girl you are, now we are just haggling over the price.
If you admit that you owe a tax, then you owe whatever tax they compute.
If you demand that they show you the tax that you owe and back it up with regulations, and if they really can show a liability, then they can file a return for you under IRC 6020(b).
Here's the rub:  They have no Delegation of Authority under 6020(b) to file a 1040 or a 2555.

[7] The Notice 609 is your "Miranda" warning.  They are telling you that anything you say can and will be used against you in court.  The Examination Report they ask you to sign has no OMB control number - you are therefore not required to sign it.  Form 9465, Installment Agreement Request, bears OMB control number 1545-1350.  Checking my copy of 26 CFR Ch. I (4–1–97 Edition) § 602.101(c), I see that this OMB control number has not been assigned to be required by any regulation.  It is therefore not a form required by any law or regulation to be signed.
This Income Tax Examination Changes, Form 4549-CG bears no OMB control number.
Stamped upon its face is a big "SIGN AND RETURN THIS COPY"
I am going to put "####" signs where I am redacting the information.

                                       Department of the Treasury - Internal Revenue Service
                                                  Income Tax Examination Changes
------------------------------------------------------------------------------------------------ -----------------------------------
  Name and Address of Taxpayer                                | SS or EI Number:                | Return Form No.
                                                              |                    ###-##-####  |
          BRAD BARNHILL                                       |                                 |     1040
          109 SHALE PLACE                                      --------------------- ----------- -----------------------------------
                                                              |   Person with whom   | Name and Title
          CHARLOTTESVILLE          VA 22902-6402              | examination changes  |
                                                              |   were discussed     |
--------------------------------------------------------------+----------------------+---------------------- -----------------------
 1. Adjustments to Income                                     |Tax Year End 12/31/96 |Tax Year End          |Tax Year End
--------------------------------------------------------------+----------------------+----------------------+-----------------------
    A. EXEMPTIONS                                             |  $       (#,###.##)  |  $                   |  $
    B. INTEREST                                               |              ##.##   |                      |
    C. NON-EMPLOYEE COMPENSATION                              |           #,###,##   |                      |
    D. SE AGI ADJUSTMENT                                      |            (###.##)  |                      |
    E. STANDARD DEDUCTION                                     |          (#,###.##)  |                      |
    F. WAGES                                                  |          ##,###.##   |                      |
    G.                                                        |                      |                      |
    H.                                                        |                      |                      |
    I.                                                        |                      |                      |
    J.                                                        |                      |                      |
    K.                                                        |                      |                      |
    L.                                                        |                      |                      |
    M.                                                        |                      |                      |
    N.                                                        |                      |                      |
    O.                                                        |                      |                      |
    P.                                                        |                      |                      |
    Q.                                                        |                      |                      |
    R.                                                        |                      |                      | 
    S.                                                        |                      |                      | 
                                                              |----------------------|----------------------|-----------------------
 2. Total Adjustments                                         |          ##,###.##   |                      |
 3. Taxable Income Per Return or as Previously Adjusted       |               0.00   |                      |
                                                              |----------------------|----------------------|-----------------------
 4. Corrected Taxable Income                                  |          ##,###.##   |                      |
                Tax Method                                    | TAX TABLE            |                      |
                Filing Status                                 | MARRIED SEPARATE     |                      |
 5. Tax                                                       |          ##,###.##   |                      |
 6. Additional Taxes                                          |                      |                      |
                                                              |----------------------|----------------------|-----------------------
 7. Corrected Tax Liability                                   |          ##,###.##   |                      |
                                                              |----------------------|----------------------|-----------------------
 8. Less      A.                                              |                      |                      |
    Credits   B.                                              |                      |                      |
              C.                                              |                      |                      |
              D.                                              |                      |                      |
                                                              |----------------------|----------------------|-----------------------
 9. Balance (line 7 less total of lines 8A through 8D)        |          ##,###.##   |                      |
10. Plus      A. SELF EMPLOYMENT TAX                          |             ###.##   |                      |
    Other     B.                                              |                      |                      |
    Taxes     C.                                              |                      |                      |
              D.                                              |                      |                      |
                                                              |----------------------|----------------------|-----------------------
11. Total Corrected Tax Liability (Line 9 + lines 10A to 10D) |          ##,###.##   |                      |
12. Total Tax Shown on Return or as Previously Adjusted       |               0.00   |                      |
13. Adjustments to  A. Special Fuels Credit                   |                      |                      |
                    B.                                        |                      |                      |
                                                              |----------------------|----------------------|-----------------------
14. Deficiency - Increase in Tax or (Overassessment - Decrease|                      |                      |
    in tax) (Line 11 less Line 12 adjusted by Line 13)        |          ##,###.##   |                      |
15. Adjustments to Prepayment Credits                         |           #,###.##   |                      |
                                                              |----------------------|----------------------|-----------------------
16. Balance Due or Overpayment (Line 14 Adjusted by Line 15)  |                      |                      |
    (Excluding Interest and penalties)                        |          ##,###.##   |                      |
-------------------------------------------------------------- ---------------------- ---------------------- -----------------------

The Internal Revenue Service has agreements with State tax agencies under which information about Federal Tax, including increases
or decreases, is exchanged with the States.  If this change affects the amount of your State income tax, you should file the State
form.

You may be subject to backup withholding if you underreport your interest, dividend, or patronage dividend income and do not pay
the required tax.  The IRS may order backup withholding at 31 percent after four notices have been issued to you over a 120-day
period and the tax has been assessed and remains unpaid.

------------------------------------------------------------------------------------------------------------ -----------------------
 TIES Ver. 3.96.01                                          Page 1 of 2                                Form 4549-CG  (Rev. 1-91)

                                       Department of the Treasury - Internal Revenue Service
                                                  Income Tax Examination Changes
------------------------------------------------------------------------------------------------ -----------------------------------
                                                              |                                 | 
  Name of Taxpayer: BRAD BARNHILL                             | SS or EI Number:   ###-##-####  | Return Form No. 1040
                                                              |                                 |         
--------------------------------------------------------------+---------------------- ---------- ----------- -----------------------
17. Penalties                                                 |Tax Year End 12/31/96 |Tax Year End          |Tax Year End
                                                              |----------------------+----------------------+-----------------------
    A. DELINQUENCY                                            |  $        #,###.##   |  $                   |  $
    B. ESTIMATED TAX                                          |             ###.##   |                      |
    C.                                                        |                      |                      |
    D.                                                        |                      |                      |
    E.                                                        |                      |                      |
    F.                                                        |                      |                      |
    G.                                                        |                      |                      |
    H.                                                        |                      |                      |
    I.                                                        |                      |                      |
    J.                                                        |                      |                      |
    K.                                                        |                      |                      |
    L.                                                        |                      |                      |
    M.                                                        |                      |                      |
    N.                                                        |                      |                      |
                                                              |----------------------|----------------------|-----------------------
18. Total Penalties                                           |          ##,###.##   |                      |
--------------------------------------------------------------+---------------------- ---------- ----------- -----------------------
19. Underpayment attributable to negligence: (1981 - 1987)    |                      |                      |
    An Addition to the tax of 50 percent of the interest due  |                      |                      |
    on this underpayment will accrue until paid or assessed.  |                      |                      |
--------------------------------------------------------------+---------------------- ---------- ----------- -----------------------
20. Underpayment attributable to fraud: (1982 - 1987)         |                      |                      |
    An Addition to the tax of 50 percent of the interest due  |                      |                      |
    on this underpayment will accrue until paid or assessed.  |                      |                      |
--------------------------------------------------------------+---------------------- ---------- ----------- -----------------------
21. Underpayment attributable to Tax Motivated Transactions:  |                      |                      |
    TMT Interest will accrue and be assessed at 120 percent   |                      |                      |
    on the underpayment rate in accordance with IRC 6621(c).  |                      |                      |
--------------------------------------------------------------+---------------------- ---------- ----------- -----------------------
Summary of Taxes, Penalties and Interest:                     |                      |                      |
   A. Balance due or Overpayment of Taxes (line 16, page 1)   |           #,###.##   |                      |
   B. Penalties (line 18, page 2) (computed to 11/12/97)      |           #,###.##   |                      |
   C. Interest (IRC6601) (computed to          )              |                      |                      |
   D. TMT Interest (computed to          on TMT underpayment) |                      |                      |
                                                              |----------------------|----------------------|-----------------------
   E. Amount due or refund (sum of lines A, B, C, and D.)     |           #,###.##   |                      |
--------------------------------------------------------------+---------------------- ---------- ----------- -----------------------
Other Information:

    Although this report is subject to review, you may consider it as your notice that  your case is closed if you are not
notified of an exception to these findings within 45 days after a signed copy of the report of a signed waiver, for 870
is received by the District Director










-------------------------------------------------------------- --------------------------------------------- -----------------------
Examiner's Signature                                          | District                                    | Date 
           K RAPP                                             |          Virginia-West Virginia             |          10/14/97
-------------------------------------------------------------- --------------------------------------------- -----------------------
  Consent to Assessment and Collection - I do not wish to exercise my appeal rights with the Internal Revenue Service or to contest
in United States Tax Court the findings of this report.  Therefore, I give my consent to the immediate assessment and collection of
any increase in tax and penalties, and accept any decrease in tax and penalties shown above, plus additional interest as provided
by law.  It is understood that this report is subject to acceptance by the District Director.

----------------------- -------------------------------- ---------------------------------------------------------------------------
PLEASE NOTE: If a joint| Signature of Taxpayer          | Date    | Signature of Taxpayer                 | Date
return was filed, BOTH |                                |         |                                       |
taxpayers must sign    |                                |         |                                       |  
----------------------- --------------------------------+--------- ---------------------------------------+-------------------------
By                                                      | Title                                           | Date
                                                        |                                                 |
-------------------------------------------------------- ------------------------------------------------- -------------------------
 TIES Ver. 3.96.01                                          Page 2 of 2                                Form 4549-CG  (Rev. 1-91)

I want to point out that these figures would only be correct if I had foreign earned income in these amounts, or if I were a participant in Socialist Insecurity.  I have no foreign earned income, and am not a participant in any Socialist Welfare programs.

Note also the "Consent to Assessment and Collection" statement they want me to sign:

Consent to Assessment and Collection - I do not wish to exercise my appeal rights with the Internal Revenue Service or to contest in United States Tax Court the findings of this report.  Therefore, I give my consent to the immediate assessment and collection of any increase in tax and penalties, and accept any decrease in tax and penalties shown above, plus additional interest as provided by law.  It is understood that this report is subject to acceptance by the District Director.

Without my signature, they cannot go to "immediate assessment and collection".

The following is one of the many supplementary schedules which was included in the "package bomb" I received.  See if you can find the reason I found this form the most interesting.
Name of Taxpayer:       BRAD BARNHILL                                  10/14/97
Identification Number:  ###-##-####         TOTAL                    3.96.01
-------------------------------------------------------------------------------

                   EXPLANATION OF THE DELINQUENCY PENALTY

    Since your income tax return was not filed within the time limit
    prescribed by law and you have not shown that such failure to timely
    file your return was due to reasonable cause, an addition to the tax
    is charged as shown below, in accordance with Section 6651(a) of 
    the Internal Revenue Code.

    9612 - DELINQUENCY PENALTY

 1. Delinquency penalty abated
 
 2. Date return due                     04/15/97

 3. Date return filed                   09/05/97
 
 4. Failure to File penalty rate           0.250
 
 5. Failure to Pay penalty rate            0.000
 
 6. Total corrected tax, for 4549, line 11                           ##,###.##
 
 7. Payments on or prior to due date of return                        #,###.##
 
 8. Line 6 less line 7                                                #,###.##
 
 9. Less amount attributable to Fraud
 
10. Line 8 less line 9                                                #,###.##

11. Failure to File Penalty - line 10 multiplied by line 4            #,###.##

12. Minimum penalty if over 60 days delinquent                          100.00

13. Failure to File Penalty - Greater of line 11 or line 12           #,###.##

14. Previously assessed Failure to File Penalty

15. Net Failure to File Penalty - line 13 less line 14                #,###.##

16. Failure to Pay Penalty - line 10 multiplied by line 5

17. Previously assessed Failure to Pay Penalty

18. Net Failure to Pay Penalty - line 16 less line 17

19. Total Delinquency Penalty - sum of line 15 and 18                 #,###.##

22 October 1997

I sent copies of the above correspondence to my SaPF case worker along with notarized copies of my power of attorney to investigate this matter on my behalf.  I cannot copy the letters here, but I will attempt to outline the process which was followed.

We first protest this notice to the District Director himself: We then send off two FOIAs; The point of all of this is to prove beyond a shadow of a doubt that they have not followed the proper procedures outlined in the statutes, regulations, and procedure manuals required to get from a filed Form 1040 to an assessment and collection.

In order to get to collection, they need an assessment, which is evidenced by "Examination Charge Out" forms.  In order to get to assessment, they need a delinquency.  In order to get a delinquency, they need a Form 1040.  They did not get a form 1040 from me, and they cannot get one using IRC 6020(b) without the proper Delegation of Authority from the Secretary.  The only DoA from the Secretary to the District Director for IRC 6020(b) is a bunch of forms for corporations.

Therefore, no Form 1040 - NO COLLECTION

06 November 1997

What follows is the dreaded CP-515 Letter.
This is normally the first letter that "taxpayers" receive from the IRS.
I guess I just got lucky by receiving the original salvo from the DD's office.

                                                  011121

                                        ** IF YOU HAVE ANY QUESTIONS, **
Department of the Treasury              ** REFER TO THIS INFORMATION: **
Internal Revenue Service           NUMBER OF THIS NOTICE:  CP-515
PHILADELPHIA, PA   19255           DATE OF THIS NOTICE:  11-03-97
                                   TAXPAYER IDENT. NUM:  ###-##-####
                                   TAX FORM:  1040                9748
                                   TAX PERIOD:  12-31-96
   [postnet-barcode]
   
BRAD L. BARNHILL
109 SHALE PL
CHARLOTTESVILLE  VA   22902-6402094  [1]

                                          [SCANNABLE BARCODE]
                                          [OF TAXPAYER ID   ]


                 REQUEST FOR YOUR TAX RETURN

    Our records show that we haven't received the following tax
return from you.

      Form number:  1040           Tax period ENDING:    12-31-96
      Title:  U.S. INDIVIDUAL INCOME TAX RETURN

    If you haven't filed this tax return, please prepare it and send
it to us today.  Attach your payment for any tax due.  We'll bill you
for any interest and penalties.  If you can't pay the entire amount,
send as large a payment as you can, and tell us when you can pay the
rest.  We may be able to arrange for you to pay in installments.

     If you have already filed this tax return, please send us a copy
of it.  Be sure to sign, or re-sign, the copy and date it.  Or you can
complete the information that applies to you on the enclosed Form
9358, Information about Your Tax Return.

   If you believe the law does not require you to file this tax
return, please tell us why on the enclosed Form 9358.
[Note:  Self-employed people must file a tax return to report their
social security tax if their net earnings from self-employment are
 $400 or more.]
 
    If you need assistance, call 804-649-2361 LOCAL RICHMOND
                                 1-800-829-1040 OTHER VA

[1] Note the extra three digits in addition to the 9-digit zip code.
I state here for the record that I do not live in a National or State Regional Area.
                                                  011121

                                        ** IF YOU HAVE ANY QUESTIONS, **
Department of the Treasury              ** REFER TO THIS INFORMATION: **
Internal Revenue Service           NUMBER OF THIS NOTICE:  CP-515
PHILADELPHIA, PA   19255           DATE OF THIS NOTICE:  11-03-97
                                   TAXPAYER IDENT. NUM:  ###-##-####
                                   TAX FORM:  1040                9748
                                   TAX PERIOD:  12-31-96
BRAD L. BARNHILL
109 SHALE PL
CHARLOTTESVILLE  VA   22902-6402094









  KEEP  THE  TOP  PART  FOR  YOUR  RECORDS                DETACH HERE
-----------------------------------------------------------------------
     Send us this part with your reply in the envelope provided.
                                Number of Notice: CP-515
                                  Date of Notice: 11-03-97        BARN
                                 Taxpayer ID Num: ###-##-####   30 9612

PY5 DF-960415 FS-1 EX-05             000####  PC-P  9743 9743 9748
AG+0000##### CC                 128 54010000 PLC 5401     BWI-0
SSN000000000 EIN                SEL-85 #######       ADD00


                                   BRAD L BARNHILL
     INTERNAL REVENUE SERVICE      109 SHALE PL
     PHILADELPHIA, PA  19255       CHARLOTTESVILLE  VA   22902-6402094


TY6 WH0000#### TI+0000##### W000##### P00000000 D00000000 I000000##
RE00000000 MI0000#### CTR00000000 STS+00000000
MB00000000000  NTD-00000### SFRBD0000####

I could make out many, but not all of the codes in this section at the bottom of this page which is to be sent in with the return.  If you can help me decode this, please email me.

PY=?  DF=delinquent filing(?)  FS=filing status  EX=exemptions
AG=adjusted gross  CC=?
SSN=(note that here it is zeroes)  EIN=null  The number next to the SEL-85 appears to be my birthdate with an additional checkdigit
TY=taxable year (96?)  WH=withholding  TI=taxable income  W=?  P=?  D=?  I=interest
RE=?  MI=misc income(?)  CTR=?  STS=?
MB=?  NTD=?  SFRBD=?
                                                  011121

                                        ** IF YOU HAVE ANY QUESTIONS, **
Department of the Treasury              ** REFER TO THIS INFORMATION: **
Internal Revenue Service           NUMBER OF THIS NOTICE:  CP-515
PHILADELPHIA, PA   19255           DATE OF THIS NOTICE:  11-03-97
                                   TAXPAYER IDENT. NUM:  ###-##-####
                                   TAX FORM:  1040                9748
                                   TAX PERIOD:  12-31-96
BRAD L. BARNHILL
109 SHALE PL
CHARLOTTESVILLE  VA   22902-6402094



FORM 9358  PLEASE COMPLETE AND RETURN THIS ENTIRE PAGE WITH YOUR REPLY
A.  If you are not required to file, please complete this section:
    My filing status was:
    [ ] Single                  [ ] Head of Household
    [ ] Married filing joint    [ ] Married filing separate
    [ ] Qualified widow(er) with dependent child

     Check if:
    [ ] You are 65 or older,         [ ] Blind
    [ ] Spouse was 65 or older,      [ ] Blind
    [ ] I could be claimed as a dependent on another's return
    My total income for the tax period shown above was $_________

B.  If you have already filed a return, complete this section:
    Names shown on my tax return (if different than above)
    _____________________________________________________________
    My spouse's social security number (SSN) (if you filed a joint
    return) _______________________________________________
    Form: _______  Tax year:____________    Date filed:__________

C.  If your spouse is deceased, complete this section:
    Name of deceased spouse: _____________________________________
    SSN of this spouse: _________________Date of death: __________

D.  If the notice shows a credit, complete this section:
    [ ] I want a refund of the credit balance.  To get this refund
        you must file a tax return for that year even if you are not
        otherwise required to file.
   [ ] I want the credit applied to the tax return, tax period, and
       SSN shown on the notice.  My tax return is enclosed.
   [ ] I want the credit applied to another tax return, tax period,
       and/or SSN as written in here:
       Tax form:__________  Tax period:________ SSN:________________

   Please include your phone number(s) and a convenient time to call
   you.   PHONE  (    )                              HOURS:

   Under penalties of perjury, I declare that, to the best of my
   knowledge and belief, the information provided on this form
   is true, correct, and complete.

   _______________________________________      ____________________
   Signature                                     Date

I also got a return envelope and a copy of Publication 1, Your Rights as a Taxpayer.

Here is what they are attempting to do:

Get your signature on this form so that they can use it pursuant to 6020(a) as your "request for assistance" so they can file a return pursuant to 6020(b).  If you give them your signature, them you have given them permission to file a 1040 for you.

Also, they are going to try to get you to sign an installment agreement.  I just recently found out that in the Uniform Federal Lien procedures, which you can find in your own state code as U.C.C. 9-409 et seq., that they need to have your signature on an installment agreement in order to seize property.  They will still try to file a lien with the clerk of your county court, but without your signature on an installment agreement, they cannot perfect it, and you can have the clerk return it for lack of proper service.  If the clerk ignores you (which is quite likely given the nature of the IRS in these matters), you may have to file a Petition for a Writ of Mandamus in your court to compel the clerk to return the imperfect lien to the IRS.

Coincidentally, a request for installment agreement is what was sent to me from the DD in their initial salvo. 
8 November 1997

I sent this off to SaPF with Power of Attorney, and here is what they did:


  1. Sent a letter to Charles R. Baugh, Director of the Internal Revenue Service Center in Philadelphia.  This, coincidentally is the person to whom your Statement of Citizenship is to be sent.
    In this letter to Mr. Baugh, we:
  2. Sent out another FOIA for a copy of my IMF (individual master file) so they can compare it to what was done since the DD sent his letter.

17 November 1997

I have in hand copies of the IRS responses sent in regard to the FOIAs we sent 24 Oct 97.

Internal Revenue Service         Department of the Treasury

Virginia-West Virginia District  P.O. Box 10107
Disclosure Office                Richmond, Virginia 23240

Mr. John B. Kotmair, Jr.         Person to Contact:
P. O. Box 91                     Edwin R. Ward, Jr.   [1]
Westminster, MD  21158           Telephone Number:
                                 804-771-2220
                                 Refer Reply to:
                                 54-1998-118
                                 Date:
                                 November 17, 1997

Dear Mr. Kotmair:

Thank you for your Privacy Act request dated
October 24, 1997, Certified Mail No: Z 227 124 122, on behalf
of Brad L. Barnhill, which was received in the Disclosure 
Office on November 6, 1997.

Your request is being processed under the provisions of the
Freedom of Information Act (FOIA) since it provides greater
access to the records you are seeking.

In response to Items I of your request, there is no Form 5546   [2]
"Examination Return Charge-out" since Mr. Barnhill did not file
a return for the year 1996.

Enclosed is an AMDISA printout which is responsive to Items
II and III of your request.

A copy of Notice 393 which explains your appeal rights is 
also enclosed.

Our response to your request is based on the Privacy Act, the
FOIA, Section 6103(c) of the Internal Revenue Code, and
appropriate Treasury regulations.  On June 3, 1994, a final
determination was made by the District Director, Baltimore 
District, that you were ineligible to practice.  Our response   [3]
to your request does not infer that you are qualified to

                              -2-

Mr. John B. Kotmair, Jr.


practice before the Internal Revenue Service under the
provisions of Treasury Circular 230.

Thank you for allowing us to be of assistance in this matter.

                                 Sincerely,

                             /s/ Edwin R. Ward, Jr.

                                 Edwin R. Ward, Jr.
                                 Acting District
                                 Disclosure Officer

Enclosures:
  as stated

[1] George Sutton must be on vacation.  I hope nothing untoward has happened to him.
[2] They cannot do an "Examination Charge-out" since I did not file a return.
[3] You need to know these facts expressed by Mr. Kotmair to another IRS agent in a similar matter:

    "On December 10, 1993, the Internal Revenue Service raided the offices of the Save-a-Patriot Fellowship located at 12 Carroll Street in Westminster, Maryland.  Their affidavit of probable cause stated, among other things, that the Fellowship was my personal business.  Later, the government retreated from that position, but contended to the Court that the Fellowship could not exist as an unincorporated association.  On December 18, 1996, (three years and 221 days after the notice referred to in your letter), the Court informed the government that their contention was totally wrong, Save-a-Patriot Fellowship had every right to exist without government regulation.  Thus verifying that the First Amendment to the United States Constitution was still being recognized by the Court.

    "Just in case you are not getting a clear picture of what I'm saying, unlike a corporation or other regulated association, in a Fellowship the members, jointly and individually are the organized group.  If you will read the power-of-attorney that was given to me very carefully you will see that everyone giving me power-of-attorney is a member of the Fellowship."
Internal Revenue Service         Department of the Treasury

Virginia-West Virginia District  P.O. Box 10107
Disclosure Office                Richmond, Virginia 23240

Mr. John B. Kotmair, Jr.         Person to Contact:
P. O. Box 91                     Edwin R. Ward, Jr.
Westminster, MD  21158           Telephone Number:
                                 804-771-2220
                                 Refer Reply to:
                                 54-1998-117
                                 Date:
                                 November 17, 1997

Dear Mr. Kotmair:

Thank you for your Privacy Act request dated
October 24, 1997, Certified Mail No: Z 227 124 123, on behalf
of Brad L. Barnhill, which was received in the Disclosure 
Office on November 6, 1997.

Your request is being processed under the provisions of the
Freedom of Information Act (FOIA) since it provides greater
access to the records you are seeking.

Enclosed is a copy of the information extracted from our
Information Returns Master File On-Line (IRMFOL) concerning
Mr. Barnhill.  This information is being relied upon to make
a proposed determination of income tax liability for the
year 1996.  Our records (See the AMDISA Printout provided in
response to your other request) show that the examination
process has not made a final determination in Mr. Barnhill's
case.   [1]

Our response to your request is based on the Privacy Act, the
FOIA, Section 6103(c) of the Internal Revenue Code, and
appropriate Treasury regulations.  On June 3, 1994, a final
determination was made by the District Director, Baltimore 
District, that you were ineligible to practice.  Our response
to your request does not infer that you are qualified to

                              -2-

Mr. John B. Kotmair, Jr.


practice before the Internal Revenue Service under the
provisions of Treasury Circular 230.

Thank you for allowing us to be of assistance in this matter.

                                 Sincerely,

                             /s/ Edwin R. Ward, Jr.

                                 Edwin R. Ward, Jr.
                                 Acting District
                                 Disclosure Officer

Enclosures:
  as stated

[1] Notice that they are making a "proposed" determination of income tax liability.  I am so pleased to see the "examination process has not made a final determination" in my case.
Continue to CP-515 Letter from the IR Service Center

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