CtCer finds new way to break the law

[Nikki]

calyxion has just posted an admission that he violated telephone conversation recording laws

So, I'll sign again in blue ink above the photocopied signature so my sworn testimony is valid in a court of law. I'll also stamp "copy" at the top of the return and will include a copy of the certified receipt from the original mailing.

Since this is one of two returns that they've "lost," sending certified doesn't seem to be very beneficial, other than to confirm that I sent it on time so I'm not mistakenly charged interest for a late filing.

As the IRS representative said on the phone "You could have put it in the mail and we received it and never got processed. Things happen." Well, that's exactly what did happen.

BTW, the quote above was from a printed transcript of the conversation recorded by and obtained from Call Graph. $16.73 for a 13-page transcript of a 33-minute conversation.

There is the remote possibility that he informed the IRS representative that the call was being recorded. If not, I hope he decides to use the transcript in some official proceeding where appropriate legal notice can be taken.

[ASITStands]

He got consent.

I called the IRS today and the representative I spoke with consented to have the conversation recorded (which I did via Call Graph on Skype).

[Nikki]

Nuts

[TheSaint]

telephone conversation recording laws

Such laws only exist in 12 states. Federal law permits the recording of a phone conversation with the consent of only one party (i.e., the person doing the recording).

(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception...

However:

...unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

So if he's just recording the conversation he violated no federal law, and probably no state law either. But if he uses the conversation as part of an attempt to violate income tax laws, he could lose the protection of the law. But if a federal tax case against him got to that point, recording phone conversations would be the least of his problems.

Federal code: http://www.law.cornell.edu/uscode/html/ ... -000-.html

[Judge Roy Bean]

I've done something similar when we got a notice that our quarterly filing had not been received - although the check we submitted had cleared. I simply photocopied the return which had already been stamped as a copy and then initialed and dated it next to the extant signature and sent it in with a photocopy of the check. Got a short "thank you" letter noting the problem was resolved.

Out of the millions of submitted documents it should come as no surprise that some go off into the black hole.

[fortinbras]

I forget where I heard this, but at least some of the calls going to the IRS help line get a recorded greeting -- "For training and quality control purposes, this call may be monitored or recorded." Evidently one taxpayer got an IRS employee flustered by telling him, "I'm recording this too. If you can do it, I can do it."

Frankly, considering how convoluted tax instructions can be, I don't see anything wrong with taping the calls to make sure that I do exactly as the IRS employee tells me to do.

[Gregg]

Every time I see someone over there whine about his return getting 'lost' I have to wonder if the return is more 'refused' than 'lost' and it's getting round filed because the IRS considers it invalid. If this is what is happening, I do wish someone would tell them so, although I doubt they'd get it. I also can't help thinking that if their CTC returns are tossed into the round file, it's actually a benefit to them, they're getting a second chance to avoid a penalty, aren't they?

[Demosthenes]

I bet "we lost your return" is just a nice way of saying, "we tossed that puppy into the funny box*."

* The funny box is where the IRS puts dumb dumb returns to pass along to the Friv Return Program people.

[jkeeb]

Demo is right.

1) There is an actual "funny box" and it really is a box.

2) Processing has no way to note the receipt of the return in the "funny box" as no return will be processed.

3) Now that the "frivolous return" unit is centralized in Utah, it would take quite a while for any mention of the return to show up on a transcript. Therefore, the only suggestion by the people in the call center can be: "Since it has been six weeks since you sent your return, you should send us a newly signed copy."

[Famspear]

I wish I had a picture of The Funny Box.

A Frivolous Filer who mocks
Gets his tax return thrown in "The Box".
He will not think it's "Funny"--
They'll come for his money,
And levy his houses and stocks.