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IP: [FP] All IRS appeals are exhausted, SSNs required for children
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Date: Sun, 18 Oct 1998 12:25:38 -0500
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Subject: IP: [FP] All IRS appeals are exhausted, SSNs required for children
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From: "ScanThisNews" <[email protected]>
Subject: [FP] All IRS appeals are exhausted, SSNs required for children
Date: Sun, 18 Oct 1998 11:20:17 -0500
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SCAN THIS NEWS
10/18/98
Claiming children on tax returns without SSNs
The following exchange is typical with regard to claiming children as
deductions on federal tax returns. Names have been removed, but this is a
real case. Regardless of how you feel about income taxes, the point is that
the federal government no longer recognizes your children as being "yours"
unless they have a Social Security Number assigned to them.
More on the history of the requirement for children to be assigned SSNs (as
a provision under the GATT agreement) in order for them to be acknowledged
by the federal government can be found at:
http://www.networkusa.org/fingerprint/page1/fp-gatt-ssn-requirements.html
Scott
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Subject: All IRS appeals are exhausted; US District Court, next step, SSNs
for children
[Name removed]
As you may be aware, we did not supply IRS with Social Security numbers
for our dependent children, which resulted in IRS disallowing our
dependents, and we then had to pay substantially more income taxes.
We appealed, using various Biblical and legal arguments, which IRS
refused.
We then filed a 1040X, wherein we requested a refund for the extra
income tax we paid, since our dependents were disallowed and we had to
pay more money.
IRS told us that, in the explanation section, it was very important
we explain why we failed to include social security numbers for our
dependents, since our religious objections would be grounds upon which
we could sue IRS for First Amendment issues. Accordingly, in the
Explanation section, we included the following statement:
Lack of Social Security Numbers for Children, Lines 4 & 5, 25, 28,
& 30, particularly 30b. For religious reasons, our children do not
have Social Security Numbers. Our legal and religious reasons are
explained in the document in your possession titled: Appeal, dated
25 April 1998, which should be considered part of this 1040X form.
Below is IRS' response to our 1040X. At this point, we have come to the
end of the appeal process with IRS: there are no more appeals available
via IRS. Any further action must be taken in court, whether it be Tax
Court, US District Court, or, according to the letter, US Federal Claims
Court.
Unless someone convinces us that one of the other courts would be
better, we intend to take the matter to US District Court, which, I've
been told, is in Louisiana.
As all these legal matters are entirely new to us, we encourage anyone
(who knows what they are talking about) who wishes to inform us to feel
free to contact us. We'll consider whatever advise anyone has to offer.
How do we file? Where do we file? How do we set up the law suit so we
don't ruin it for everyone in the country, as some uninformed patriots
have done on other income tax related matters? Should we file a class
action suit, since there are many others who are in the same predicament
as we are in? Is there some other form of lawsuit that we should file?
By the way, the IRS letter really does say "INDENTIFICATION NUMBER."
The root of "indentification" would be indent- plus the ending
-ification. The word in English closest to indent- is indenture, as in
indentured servant, which is someone who, by some instrument (in this
case, a SSN), makes themselves the servant of someone else
for a period of time, as stated in the instrument (in the case of the
SSN, forever).
Then again, "indemnification," as in "indemnify," (to secure against
loss) is also close to "INDENTIFICATION." Maybe they are offering us an
indemification number, because if we have it, they will leave us alone, and
will no longer harm us financially.
IRS letter follows:
-------------------------------
Department of the Treasury
Internal Revenue Service
In reply refer to: ............
AUSTIN, TX 73301 Aug. 25, 1998 LTR 105C
[name removed]
CERTIFIED MAIL
Taxpayer Identification Number: 666......
Kind of Tax: INCOME
Amount of Claim(s): $ 1,148.00
Date Claim(s) Received: Aug. 03, 1998
Tax Period(s): Dec. 31, 1996
Dear Taxpayer:
This letter is your legal notice that we have disallowed your
claim(s). We can't allow your claim(s) for refund or credit for the
period(s) shown above for the reason(s) listed below.
PER SECTION 151(e) STATES THAT EACH DEPENDENT MUST HAVE A
INDENTIFICATION NUMBER IF THEY ARE BEING CLAIMED AS A DEPENDENT ON THE
TAX RETURN. SECTION 152(e) HAS BEEN CORRECTLY APPLIED
If you want to sue to recover tax, penalties, or other amounts, you
may file a lawsuit with the United States District Court having
jurisdiction or with the United States Court of Federal Claims.
These courts are independent bodies and have no connection with the
Internal Revenue Service.
The law permits you to do this within 2 years from the mailing date
of this letter. If you decide to appeal our decision first, the
2-year period still begins from the mailing date of this letter.
However, if you signed an agreement that waived your right to the
notice of disallowance (Form 2297), the period for filing a lawsuit
began on the date you filed the waiver.
If you have any questions, please call us. You may call
............ between the hours of 8:00 A.M. and
5:00 P.M. at ............ for assistance. If the number is
outside your local calling area, there will be a long-distance
charge to you. If you prefer, you may call the IRS telephone
number listed in your local directory or (1-800-829-1040). An
employee there may be able to help you, but the office at the
address shown on this letter is most familiar with your case.
If you prefer, you may write to us at the address shown at the top
of the first page of this letter.
Whenever you write, please include this letter and, in the spaces
below, give us your telephone number with the hours we can reach you.
Also, you may want to keep a copy of this letter for your records.
Telephone Number ( )______________________ Hours_____________
Sincerely yours,
...............
District Director
Enclosure(s):
Publication 1
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Robert A. Hettinga <mailto: [email protected]>
Philodox Financial Technology Evangelism <http://www.philodox.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'