IRS inquiry: Do incorrect 1099s need rebuttal?

[David Merrill]

I see it as Notice and Demand. But it is to the IRS which means it is limited. I believe that the IRS agents get guideline memorandums and last I checked these are no longer available for us as laymen to view. I find that encouraging.

This may be a little off point from the thread but I want to show you something. This is an indication of how one might be able to summon a response from the IRS attorneys through the federal court. I am using this process toward getting compliance toward settling a lien so I will be quiet about the details there. However you might get something out of these filings and the code too.

Title 28 USC §1782(a) The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement. The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement shall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure.

A person may not be compelled to give his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege.


(b) This chapter does not preclude a person within the United States from voluntarily giving his testimony or statement, or producing a document or other thing, for use in a proceeding in a foreign or international tribunal before any person and in any manner acceptable to him.

This came up with people in NY and elsewhere having trouble filing a Miscellaneous Case Jacket for an evidence repository for Notice and Demand (to redeem lawful money) like shown around here. So I used the PACER search engine to look up Miscellaneous Case usage and to conform the rules so that these new suitors could get their Notice and Demand published, therefore they can serve a certified copy on their bank instead of hassling with a Signature Card novation.

So you got it right if you figured it out on your own here. You want your Notice on Demand on the front page after your quick Application for whatever. In this case you want a correspondence back from the IRS. In a NY suitor's example he wants a response to the Notice and Demand ordered by the federal judge - from GEITHNER and BERNANKE too!

It does not matter if you get your response though. The purpose is that you get your Notice and Demand on the record in the "exclusive original cognizance" of the US government so that you can use it in your court at your pleasure.

These attachments gave me an example of something that the clerk of court would recognize and file, giving the suitor an evidence repository.