Abusive delays in processing Amended Return seeking lawful money reduction

[David Neil]

No. My "advocate" is trying to close my case. She has not provided an answer to my request to IRS. Today she provided a phone # to the "Frivolous Return Program". The rep pulled up my file, could only say 2 letters sent Nov 25. I have yet to receive. She will not re-issue the letters, will not tell me the exact case that makes my return Frivolous. Her recommendation was of course to fax a letter indicating that I was withdrawing my amended return. Without the 3176C letter I do not know when my 30 response window begins. Without the letter I cannot rebut whatever they are claiming the frivolity was. My research is showing that I can request a hear until after I receive a letter of lien. Other research is showing that a 3176C letter usual only contains threats and no specific accusation. Also during research I found this: https://www.irs.gov/irm/part25/irm_25-025-010r. These are rules, including mentions of entails a Frivolous Return. Obviously none of the cases litigated in court do not have bearing on 12USC411. Further reading I acme across a rule that says:

[B]25.25.10.2 (09-15-2017)
Identification of Frivolous Submissions
Identification of frivolous submissions can be made in any IRS office by any employee. They may be identified during original return processing, amended return or claim processing, during the course of a routine audit, or upon any contact with a taxpayer or their representative. Frivolous returns often:
Contain on the face of the tax return or on attachments to the tax return arguments about the obligation to file or pay tax.
Include altered forms or jurats containing frivolous arguments.
include verbiage that attempts to impede or circumvent the administrative processing of the tax return.

"Include Altered Forms caught my eye. The IRS rep today said in passing that the returns were in her office because there was a stamp placed on the form. I was the stamp I use to demand lawful. I included it on the form because I felt that my demand should go on any instrument of Fed Res and IRS. Anyway, I will assume that this is the reason I am singed out.

I am currently preparing my responce. In that response I will rescind my first 1040X's and substitute the new one to cure any deficiency.

[David Merrill]

No. My "advocate" is trying to close my case. She has not provided an answer to my request to IRS. Today she provided a phone # to the "Frivolous Return Program". The rep pulled up my file, could only say 2 letters sent Nov 25. I have yet to receive. She will not re-issue the letters, will not tell me the exact case that makes my return Frivolous. Her recommendation was of course to fax a letter indicating that I was withdrawing my amended return. Without the 3176C letter I do not know when my 30 response window begins. Without the letter I cannot rebut whatever they are claiming the frivolity was. My research is showing that I can request a hear until after I receive a letter of lien. Other research is showing that a 3176C letter usual only contains threats and no specific accusation. Also during research I found this: https://www.irs.gov/irm/part25/irm_25-025-010r. These are rules, including mentions of entails a Frivolous Return. Obviously none of the cases litigated in court do not have bearing on 12USC411. Further reading I acme across a rule that says:

[B]25.25.10.2 (09-15-2017)
Identification of Frivolous Submissions
Identification of frivolous submissions can be made in any IRS office by any employee. They may be identified during original return processing, amended return or claim processing, during the course of a routine audit, or upon any contact with a taxpayer or their representative. Frivolous returns often:
Contain on the face of the tax return or on attachments to the tax return arguments about the obligation to file or pay tax.
Include altered forms or jurats containing frivolous arguments.
include verbiage that attempts to impede or circumvent the administrative processing of the tax return.

"Include Altered Forms caught my eye. The IRS rep today said in passing that the returns were in her office because there was a stamp placed on the form. I was the stamp I use to demand lawful. I included it on the form because I felt that my demand should go on any instrument of Fed Res and IRS. Anyway, I will assume that this is the reason I am singed out.

I am currently preparing my responce. In that response I will rescind my first 1040X's and substitute the new one to cure any deficiency.

Nice link. Thank you again. I found this:

An untimely claim for a refund/abatement on a non-frivolous Form 843 is received.

Note: To be considered timely, taxpayer must file a claim for a refund on Form 843 within 3 years from the time a return associated with the penalty is filed or 2 years from the date the penalty was paid, whichever period expires later.

I have some more to add here.

[David Neil]

Here we go again. I was sent a letter of Frivolous Return for my 2017-2018 tax returns. I responded that their statements of facts were too vague to allow me to determine any facts. I asked for any court case that stated that 12 USC 411 is no longer valid, that I do not have the right to redeem lawful money per the law. If they fail to do that than any court case that determines that the Lawful Money of the United States Treasury is under their jurisdiction.

Here is what I got in return via certified mail. "You included a position that has no basis in the law...." Is that to be construed that a court has to determine 12 USC 411 is based on law?. They also point to form a mention of Notice 2010-33. section (46) is my only cause for concern. "Any position described as frivolous in any revenue ruling or other published guidance in existence when the return adopting the position is filed with or the specified submission adopting the position is submitted to the Service. Returns or submissions that contain positions not listed above, which on their face have no basis for validity in existing law, or which have been deemed frivolous in a published opinion of the United States Tax Court or other court of competent jurisdiction, may be determined to reflect a desire to delay or impede the administration"

My question is has there been any relevant finding by any court that 12 USC411 is not valid or that IRS has jurisdiction over US Treasury Notes?

I intend to rebut this as well for lack of evidence but they will most likely ignore.

What will the IRS do next if I do not withdraw my amended returns within 30 days? What recourses do I have at my disposal that will not cost a fortune. I have been unemployed for nearly a year due to COVID, though I have recently obtained employment in my field, but I do not have resources sufficient for an expensive battle. They already have my money and I have had no issues in the past few returns with Lawful Money Reduction, I have always received a refund.

I also got a form 843 with just the amount of $500+ dollars. No explanation as to why or from where that credit was applied. I certainly didn't receive a check.