The IRS sends a demand for payment of an allege tax. I find over the years, including myself, writing affidavits, making statements, basically throwing everything I possibly can to show them how the code does not relate to
me.
For an example: I’m not the person defined in the code. I’m not the citizen of the United States. Many will state I’m a nonresident alien.
What you have just done is that you have shifted the burden of proof away from them and put it on yourself, which is a big mistake that many of us have made.
The claimant is always bound to prove: the burden of proof lies on him. Bouvier’s Law Dictionary, 3rd rev. 8th ed., s.v. “Maxim
5 U.S. Code Subchapter II- ADMINISTRATIVE PROCEDURE
5 U.S. Code § 556- Hearings; presiding
employees; powers and duties; burden of proof; evidence; record as basis of decision.
"...the proponent of a rule or order has the burden of proof." 5 U.S. Code § 556 (d)
These agents, many unwittingly, are alleging you all what tax and demanding payment. Many of us know it amounts to nothing more than
extortion!
In lieu of responding with statement of facts/affidavits where you have the burden of proof, would it not be better to promise to pay, which is basically saying I conditionally accept your offer upon proof of claim. Now you have shown that you’re not going to be argumentative and that you are willing to settle the account upon
verification.
Now is there any question they have a duty to speak?
IRS MISSION STATEMENT
The IRS mission is to "provide
America's taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all."
TAXPAYERS BILL OF RIGHTS
The Right to Be Informed
Taxpayers have the right to know what they need to do to comply with the tax laws. They are entitled to clear explanations of the laws and IRS procedures in all tax forms, instructions, publications, notices, and correspondence. They have the right to be informed of IRS decisions about their tax accounts and to receive clear explanations of the outcomes.
31 CFR 0.207 - Cooperation with official inquiries.
§ 0.207 Cooperation with official inquiries.
Employees shall respond to questions truthfully and under oath when required, whether orally or in writing, and must provide documents and other
materials concerning matters of official interest when directed to do so by competent Treasury authority.
31 CFR 0.208 - Falsification of official records.
§ 0.208 Falsification of official records.
Employees shall not intentionally make false, misleading or ambiguous statements, orally or in writing, in connection with any matter of official interest. Matters of official interest include among other things: Transactions with the public, government agencies or fellow employees; application forms and other forms that serve as a basis for appointment, reassignment, promotion or other personnel action; vouchers; leave
records and time and attendance records; work reports of any nature or accounts of any kind; affidavits; entry or record of any matter relating to or connected with an employee's duties; and reports of any moneys or securities received, held or paid to, for or on behalf of the United States.
