Saturday, May 7, 2011

Open letter to the IRS

Thanks to Dave Zuniga, I have started down the long road of understanding the tax code.  I will be relying on answers from the IRS to my questions as I go about determining what "the tax imposed upon... a head of a household, [or] a married individual filing a separate return," as described at the beginning of Title 26.  This is because I am afraid that despite the horror of the situation in which it has placed us, powerful agents of the federal government continue working to enforce it.  My first request was for a link to or the text of "subsection Sec. 1(b)" or of "subsection Sec. 1(d)" of section 1, as indicated in Title 26, § 1.1-1   Income tax on individuals, (a)(2)(i):

Hi IRS Folks,

I have a few questions, as I am attempting to establish what tax is imposed upon me, given that I have a choice whether to file as a Head of household, a married couple filing jointly, or a married individual filing a separate return, or, presumably, not filing a return at all:

  1. Are the contents of "subsection Sec. 1(b)" or of "subsection Sec. 1(d)" of section 1, as indicated in Title 26, § 1.1-1   Income tax on individuals, (a)(2)(i) available anywhere on the Internet?  If not, I will need that information in order to determine and pay any income tax I owe.
  2. One of the options on the 1040 is "Married filing jointly", but Title 26, § 1.1-1   Income tax on individuals, (a)(2)(i) does not mention where the imposition can be determined, that is, none of the rows in the table there indicates which subsection of section 1 contains the "appropriate table" for a married individual filing jointly.
  3. If I must file a return, please send me the list of possible IRS forms and the text of the law that imposes the requirement on me.  There are 2 occurrences of "file" near "shall" near "1040" in the e-CFR data as of May 5th, and neither of them asserts that anyone shall file the form.  I tried the word "must" as well, and got three more hits, but they all apply to "Coordination of United States and Virgin Islands income taxes."

Without this information, I will unable to determine or pay any income tax I owe.

I do have another question which only affects my personal moral Scylla and Charybdis, which may or may not be more important to you than upholding the requirements of your job:

  1. Is there any recourse for a victim of the imposition of the income tax to avoid supporting immoral government programs without imposing on his or her fellow countrymen the added tax burden of supporting another prisoner convicted of not paying taxes?  For example, does the IRS prosecute War Resistors despite the gross immorality of doing so?


After doing some more research, I have determined that any information from the IRS may not be useful anyway.  It appears that we need a new justice system.  However, asking the questions might help existing IRS personnel to follow the law more carefully.


Dave Scotese said...


On June 17th, I got a letter from Denise Lage of the IRS explaining that they can't answer my questions yet because they haven't completed all the research necessary for a complete response. They also mentioned that they will contact me again within 45 days to let me know what action they are taking.


To Whom It May Concern:
My name is Rene L. Padaoan and a US citizen living abroad, in the philippines. I mailed my federal and california income tax returns on March 24, 2011 and sent it to Dept. of Treasury Internal Revenue Service and Franchise Tax Board, PO Box 942867, Sacramento, CA 942867. On June 11 2011, I also sent them a followup letter regarding the status of my tax return on June 11, 2011 and until now i dont recieve any response from them. Please help me out on this matter.Please give me toll free number so i can call them up. my email is thanks a lot for your help!

Rene L. Padaoan

Dave Scotese said...

The IRS has lots of phone numbers.