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modnyc3
02-13-22, 01:23 AM
Hi All,

So I received a 3176C letter from the IRS yesterday threatening to slap me with a $5K penalty for filing a frivolous LM return. Bummer. Is there anyone willing to guide me on how to respond using the R4C process? I've been reading up on a lot of the conversations on this forum on the subject in the last 24 hours, but it's just so much info. I just want to be sure I do it right. I have 30 days to respond and the letter is dated 1/31/22, so half my time is gone already. I'm willing to pay someone for consulting with me and helping. As a bit of background, I filed a LM return for the first time for TY2019 and got all my money back with no issue. But for some reason, they aren't having it for TY2020.

Thanks

David Merrill
02-13-22, 02:10 AM
Hi All,

So I received a 3176C letter from the IRS yesterday threatening to slap me with a $5K penalty for filing a frivolous LM return. Bummer. Is there anyone willing to guide me on how to respond using the R4C process? I've been reading up on a lot of the conversations on this forum on the subject in the last 24 hours, but it's just so much info. I just want to be sure I do it right. I have 30 days to respond and the letter is dated 1/31/22, so half my time is gone already. I'm willing to pay someone for consulting with me and helping. As a bit of background, I filed a LM return for the first time for TY2019 and got all my money back with no issue. But for some reason, they aren't having it for TY2020.

Thanks

Hi Mod;

We are finding among the suitors, the problem is the US Treasury itself is obfuscating service of process. Look at these Return Receipts.


6939

6940

Just to get hands-on feel look at the delivery dates for yourself. Tracking - enter the Registered Mail # (https://tools.usps.com/go/TrackConfirmAction_input). Then take a look and judge for yourself.


Title 18 USC ยง1709. (https://uscode.house.gov/view.xhtml?req=(title:18%20section:1709%20edition: prelim)%20OR%20(granuleid:USC-prelim-title18-section1709)&f=treesort&edition=prelim&num=0&jumpTo=true) Theft of mail matter by officer or employee

Whoever, being a Postal Service officer or employee, embezzles any letter, postal card, package, bag, or mail, or any article or thing contained therein entrusted to him or which comes into his possession intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or of the Postal Service; or steals, abstracts, or removes from any such letter, package, bag, or mail, any article or thing contained therein, shall be fined under this title or imprisoned not more than five years, or both.

This is arguably the statute but instead, the postal carrier neglected to keep the Return Receipt in their USPS custody and left that with the recipient. There are other statutes (https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title18-section1708&f=treesort&num=0&saved=%7CKHRpdGxlOjE4IHNlY3Rpb246MTcwOSBlZGl0aW9uO nByZWxpbSkgT1IgKGdyYW51bGVpZDpVU0MtcHJlbGltLXRpdGx lMTgtc2VjdGlvbjE3MDkp%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfa lse%7Cprelim) that describe this convolution, handing off the Return Receipt to the recipient. But I think the slam-dunk charge is delay (https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title18-section1703&f=treesort&num=0&saved=%7CKHRpdGxlOjE4IHNlY3Rpb246MTcwOSBlZGl0aW9uO nByZWxpbSkgT1IgKGdyYW51bGVpZDpVU0MtcHJlbGltLXRpdGx lMTgtc2VjdGlvbjE3MDkp%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfa lse%7Cprelim).

See how the item was delivered on June 25, 2021 (the 24th to PELOSI) but shows delivery on July 16 to the Fresno IRS Campus? So it is still a crime of diversion, if not theft. The statute says demand redemption of the Treasury of the US. The US Treasury behaves as though they can defer their obligation to hear a redemption demand.

As process develops I should stock examples in the Exactly What does the IRS Agent Think (http://savingtosuitorsclub.net/showthread.php?145-Exactly-what-does-the-IRS-agent-think) thread. That might be a good place to find things like this. But even that is a huge thread.

I will email you directly about my Lesson Plan. We all know I do not have control over IRS agents and as you see PELOSI seems to have tipped off the Treasury that they can misbehave rather than to assure honor about redemption. Shame on her. But we can perfect delivery, say for example how the correct checkboxes were checked on the Return Receipt. Another thing reading the Attached DMM passage; One should be certain that the USPS clerk stamps the Return Receipt Requested on the front of the package, to bring it to the Postal Carrier's attention that there is a card on the back. Better yet, when it is stamped so get a photo on your phone camera.

That sort of thing is a lesson for the brain trust.

joseph3r
02-14-22, 08:21 PM
Hi Mod;

We are finding among the suitors, the problem is the US Treasury itself is obfuscating service of process. Look at these Return Receipts.


6939

6940

Just to get hands-on feel look at the delivery dates for yourself. Tracking - enter the Registered Mail # (https://tools.usps.com/go/TrackConfirmAction_input). Then take a look and judge for yourself.



This is arguably the statute but instead, the postal carrier neglected to keep the Return Receipt in their USPS custody and left that with the recipient. There are other statutes (https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title18-section1708&f=treesort&num=0&saved=%7CKHRpdGxlOjE4IHNlY3Rpb246MTcwOSBlZGl0aW9uO nByZWxpbSkgT1IgKGdyYW51bGVpZDpVU0MtcHJlbGltLXRpdGx lMTgtc2VjdGlvbjE3MDkp%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfa lse%7Cprelim) that describe this convolution, handing off the Return Receipt to the recipient. But I think the slam-dunk charge is delay (https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title18-section1703&f=treesort&num=0&saved=%7CKHRpdGxlOjE4IHNlY3Rpb246MTcwOSBlZGl0aW9uO nByZWxpbSkgT1IgKGdyYW51bGVpZDpVU0MtcHJlbGltLXRpdGx lMTgtc2VjdGlvbjE3MDkp%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfa lse%7Cprelim).

See how the item was delivered on June 25, 2021 (the 24th to PELOSI) but shows delivery on July 16 to the Fresno IRS Campus? So it is still a crime of diversion, if not theft. The statute says demand redemption of the Treasury of the US. The US Treasury behaves as though they can defer their obligation to hear a redemption demand.

As process develops I should stock examples in the Exactly What does the IRS Agent Think (http://savingtosuitorsclub.net/showthread.php?145-Exactly-what-does-the-IRS-agent-think) thread. That might be a good place to find things like this. But even that is a huge thread.

I will email you directly about my Lesson Plan. We all know I do not have control over IRS agents and as you see PELOSI seems to have tipped off the Treasury that they can misbehave rather than to assure honor about redemption. Shame on her. But we can perfect delivery, say for example how the correct checkboxes were checked on the Return Receipt. Another thing reading the Attached DMM passage; One should be certain that the USPS clerk stamps the Return Receipt Requested on the front of the package, to bring it to the Postal Carrier's attention that there is a card on the back. Better yet, when it is stamped so get a photo on your phone camera.

That sort of thing is a lesson for the brain trust.

Yeah this is a big NO NO and it's starting to get reinforced with progressive disciplinary action against the letter carrier for failure to perform their duty if it's not corrected. Delay of mail is a very big issue at the craft level but management can delay all they want with no recourse. It falls under "rules for thee but not for me" like all things in government it seems.