- 15 - and that “he is authorized to send such notice.” * * * Therefore, after receiving those Deficiency Notices from Gwen Krauss * * * we wrote her * * * asking her to supply us with her delegation of authority from the Secretary to send out such Notices (pursuant to Code Sections 7701(11)(B) & 7701(12)(A)(i)), and she never answered our letter. We have since received proof that Gwen Krauss has no such delegation of authority. Therefore, the Deficiency Notices we received from her were invalid - and we are barred from petitioning Tax Court from invalid Deficiency Notices. Beside, we are not challenging the “amount” of the alleged “deficiency”: we are challenging its “existence,” as a matter of law. However, since Tax Court is not a court of law (See Freytag v. C.I.R., 11 S. Ct. 2631 * * * the Tax Court would have no jurisdiction to consider the legal question of whether or not the Internal Revenue Code establishes an income tax “liability” as a matter of law. * * * * * * * 7) We claim there is no statute requiring us “to pay” the income taxes at issue. Another relevant issue is “Whether or not there is a statute requiring us ‘to pay’ the income taxes at issue?” Code Section 6321 provides that only when one fails “to pay any tax” can there be “a lien in favor of the United States.” Therefore, before there can be a “lien in favor of the United States” there must be a statutory requirement “to pay” the income taxes at issue. The Index of the Code we will bring to our CDP hearing contains a Section entitled “Payment of tax.” (Attached as Exhibit H) It contains over 60 entries. * * * however, there is no entry we can find for “income taxes.” It is therefore our belief that there is no law requiring us “to pay” income taxes, and this certainly is a “relevant issue” that is appropriately raised at a CDP hearing - since, if the appeals officer can not identify any statute that requires us “to pay”Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011