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The Empire Whiffs Back- Update One!


In early October, 2004, I posted 'The Empire Whiffs Back- Strike One!', a commentary about a 'Letter 105C' received by a reader of 'Cracking the Code- The Fascinating Truth About Taxation In America'.  This form letter purported to be a 'disallowance' of the reader's claim, by means of a 1040X correcting a return previously filed, for a refund of withheld money .  The pretext given for the 'disallowance' is discussed at length in the original post.


My reader, an upstanding defender of the Rule of Law, answered this 'letter', of course-- disputing most, if not all, of its assertions and assumptions; and forcefully re-iterating his original claim.  (Click here to view his answer.)  He has now received the 'service's' initial response...




I'll grant that what this response actually communicates may not be entirely clear at this point.


But "OK, we're losing another one.  But let's save face; and let's give the impression that it was due to some complex and arcane legal issue, and not just because he refused to back down, or we'll be losing 'em in droves!" comes to mind.



By the way, the 'Letter 105C'  received by this reader had been preceded by a 'Letter 3176' in July, threatening him with a 'Frivolous Filing' penalty if he didn't "file a correct return within 30 days".  (Since the return involved was an amending return, one has to wonder whether this threat is meant to be understood as demanding a different, somehow more "correct" amending return?  Or is meant to suggest that the original return-- which the 'service' had been content to accept previously-- is now to be considered "incorrect"?  Maybe it just means, "We're going to try to keep $500 of your refund based on this ridiculous pretext!" as was attempted-- vainly-- in regard to my own 2002 refund.)  This 'Letter 3176' threat will be the subject of 'The Empire Whiffs Back- Strike Two!'...


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