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Thread: IRS inquiry: Do incorrect 1099s need rebuttal?

  1. #11
    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.
    Attached Images Attached Images
    Attached Files Attached Files

  2. #12
    You can always put in default responses--as in tell them what they are agreeing to if they don't reply--I'd be reasonable. I have issued demands for reply and have gotten them in exactly the time required. I have even gotten requests for more time to reply. I don't take an antagonistic approach with the IRS agents. Many of them are quite helpful and can be quite kind people. However, if they fail to reply you can simply follow up with your concept of what they are agreeing to and file it in a case jacket. If the USDC Clerk is shy about taking the other papers, the memo might not seem so 'scary'.

    I have taken the perspective much like this: that in some way or another they work for me and so I help both the IRS agents and "clients" by getting matters resolved peacefully (ala conservator of the peace).

    Quote Originally Posted by David Merrill View Post
    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.
    Yeah those memos can be handy. Like one that hinted at an "individual" being a trust. Nonetheless, one can keep an eye out for changes to the Internal Revenue Manual.

    ***

    Re: 1099s. A 1099 doesn't necessarily evidence taxable income. It can simply indicate that some kind of 'flow' took place. It doesn't indicate that the amount in question was profit. A record of redemption for lawful money should serve as evidence in case of an audit. I wouldn't worry about it too much.

    Keywords: Gross income, taxable income, capital receipt, revenue receipt.
    Last edited by allodial; 02-02-13 at 12:52 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  3. #13
    JohnnyCash
    Guest
    I notice the Form itself tells you the IRS has no procedure for recipient to correct an incorrect 1099:
    Form 1099-MISC Incorrect? If this form is incorrect or has been issued in error, contact the payer. If you cannot get this form corrected, attach an explanation to your tax return and report your income correctly.
    It's up to you, the recipient, to determine the correct amount of income; the 1099 is just a 3rd party hearsay report (and also a bit of social engineering; conditioning). If I redeemed lawful money all year the correct amount of income (under the Revenue Acts of Congress) is zero. And since nothing was withheld there is no need to file a return.

    Hi Mike, I have worked for myself for years. About 2008-09 I discovered David Merrill and began redeeming lawful money. I managed to get most of the 1099 reporting to stop and stopped filing after 2008. No issues. I actually wanted a 1099-MISC this year to prove that one can win this despite "reporting." So the answer to 1) is: no, I don't even recognize receipt of it. I won't even file.

    2) You and the LLC are 2 separate entities. I don't see any way to short circuit. The LLC issues payment (a check, presumably) and then the payee gets to choose whether to endorse private credit of the Federal Reserve, or redeem lawful money.

    I suspect the way this normally plays out: first a cordial letter from the IRS asking if I forgot something, inviting me to file. And then probably more threatening notices to intimidate me. Unless I am already on their radar as a leave this one alone. I do have an evidence repository setup - David helped me file the LoR - so I'm well prepared for whatever they throw at me. I'll keep you updated.

  4. #14
    Quote Originally Posted by JohnnyCash View Post
    I notice the Form itself tells you the IRS has no procedure for recipient to correct an incorrect 1099
    If you believe the issuer of the form is committing fraud there are forms for things like that too. If A claims to have paid B $10,000 when A only paid $1,500, B can demand the correction and cc the local IRS office on the communications. If A fails to correct, B can file an appropriate claim form.

    The IRS Form 3949-A "Information Referral" seems to be appropriate to the above topic.

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    Last edited by allodial; 02-02-13 at 03:46 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  5. #15
    Again Allodial nice work.

    Is the Department of the Treasury — Internal Revenue Service a tax exempt Organization?

    http://www.irs.gov/pub/irs-pdf/f13909.pdf

    Postal Service says it’s immune from local traffic laws.

    http://news.yahoo.com/blogs/lookout/...165944476.html
    Last edited by Chex; 02-03-13 at 12:31 AM.

  6. #16
    WoW! Allodial!

    Great information! Thanks.

  7. #17
    Senior Member Treefarmer's Avatar
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    Quote Originally Posted by JohnnyCash View Post
    I notice the Form itself tells you the IRS has no procedure for recipient to correct an incorrect 1099:

    It's up to you, the recipient, to determine the correct amount of income; the 1099 is just a 3rd party hearsay report (and also a bit of social engineering; conditioning). If I redeemed lawful money all year the correct amount of income (under the Revenue Acts of Congress) is zero. And since nothing was withheld there is no need to file a return.
    ...
    I'd be delighted if it turns out you were correct on this.
    Somehow I don't think it's going to be this easy though.
    Perhaps I'm just paranoid, being as I am the offspring of Nazis and Jews.

    But if you are indeed correct and LM is the remedy to the income tax, I'd imagine that the Fair Tax will suddenly be promoted in congress to replace the IRS income tax collection, in order to recapture the vanishing revenue stream.
    Treefarmer

    There is power in the blood of Jesus

  8. #18
    A question for you JohnnyCash

    What has this done to your Social Security Benefits?

  9. #19
    Quote Originally Posted by stoneFree View Post
    I believe David's interpretation is the best; I have no SSN. But I can claim benefits by providing the SSN.
    Ok then stoneFree how did you get around 205(c)(2) of the Social Security Act and 42 USC § 405 (II)?

  10. #20
    stoneFree
    Guest
    I just see a lot of rules and regs there; can you be more specific?

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