"Weston Blathers to Gottago"

[Quixote]

BTW, a penalty is really just another tax.

Yes and no.

Taxes are for raising revenue. Penalties are to encourage compliance.

However, "(a) Additions treated as tax
Except as otherwise provided in this title—
(1) the additions to the tax, additional amounts, and penalties provided by this chapter shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as taxes; and
(2) any reference in this title to “tax” imposed by this title shall be deemed also to refer to the additions to the tax, additional amounts, and penalties provided by this chapter." IRC §6665

[Weston White]

BTW, a penalty is really just another tax.

Yes and no.

Taxes are for raising revenue. Penalties are to encourage compliance.

However, "(a) Additions treated as tax
Except as otherwise provided in this title—
(1) the additions to the tax, additional amounts, and penalties provided by this chapter shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as taxes; and
(2) any reference in this title to “tax” imposed by this title shall be deemed also to refer to the additions to the tax, additional amounts, and penalties provided by this chapter." IRC §6665

Yea and that is exactly what taxation does, it affects how you do things what activities you engage in, e.g. smoking.

Also note:

shall be assessed, collected, and paid in the same manner as taxes

[Weston White]

You can't have a penalty if you were correct about the accuracy of the testimony of the taxes due or the taxes you had incurred. So the question because how can the IRS be sure you are wrong?

Because all CTC returns claiming a refund of withholding are internally inconsistent.

THEY NEVER DID THE ASSESSMENT TO VERIFY ANYTHING ONE WAY OR THE OTHER...

That is not the purpose of an assessment.

WHAT IF I AM RIGHT?

That is the one good point you make in your post. You happen to be wrong, but frivolous penalties have been assessed before and will be assessed again. Without a pre-assessment appeal available, I believe there are legitimate due process questions left unanswered about those $5,000 penalties.

WHAT IF I WOULD HAVE BEEN DUE A LARGE ENOUGH REFUND TO COVER THE PENALTY, THOUGH THEY STILL SEEK TO UNNECESSARILY LEVY ME FOR SOMETHING THEY HAD ALL ALONG?

Then you did not follow up on your refund claim. If more than six months have passed since you filed a refund claim, you can file a refund suit in federal district court or the Court of Claims.

WHAT IF THEY HAD ENOUGH THE ENTIRE TIME TO COVER MY PENATLY CHARGES? WHAT IF I AM DUE MONEY BACK AND I REFUSE TO AMEND MY RETURN? DO THEY JUST GET TO KEEP THOSE THOUSANDS OF DOLLARS THAT WERE WITHHELD FOREVER? DOES THAT MONEY JUST BECOME THE GOVERNMENTS THEN?

No, only for six months plus the time it takes to settle your refund suit.

You ignore the obvious flaws in your replies. E.g. there is no legal basis for your contentions. The statutes and regulations do not concur. Just your personal opinion on the matter. There are issues that need to be addressed, questions to be answered, such as what class of tax have I been made liable for? The IRS can't even answer that question either. They do not know, without incurring a class of tax how is it that I am though to be liable for anything? How can you determine what formulations to use, what exemptions, etc.. Everything is a guess made by the screener at best. Without an assessment there is no validity, without a signed authorization to levy a penalty on a taxpayer there is no validity. All there is an air of humor or malcontent.

[Gregg]

Weston White is a troll. His specious theories and arguments about Federal Income Tax Law have been thoroughly addressed. Following Weston White's advice on tax matters will likely result in a very unpleasant result (see Hendrickson, Peter http://quatloos.com/Q-Forum/viewtopic.php?f=30&t=1821).

Please don't feed the troll.

[Weston White]

Actually, you would more correctly be labeled a troll than myself. Below I have included the definition of a troll to clue you in. Now being that it is you, yourself that is bringing up entirely unrelated issues, such as Hendrickson for example that makes you a troll. See you do this because you have to avoid the real core issues and topics, because simply put you can’t handle them, you realize that the issues being brought forth are entirely destructive to the foundation in which Quatloos.com has been built up on, the facade, the lie, the farce. You realize that your very foundation is crumbling away and your footing is getting becoming desperate.

An Internet troll, or simply troll in Internet slang, is someone who posts controversial, inflammatory, irrelevant or off-topic messages in an online community, such as an online discussion forum or chat room, with the primary intent of provoking other users into an emotional response [1] or to generally disrupt normal on-topic discussion.

Say hello to Gregg…




Hello visitor, since you are already here visiting, let’s meet the rest of the Quatloos crew:




Individually they are:


Famspear


Nikki


Demo


LPC


ASITStands


Judge Roy Bean


Prof


Paul


The Observer


Joey Smith


Dr. Caligari


jg


.


Imalawman


UGA Lawdog


Cpt Banjo


Dezcad


Lambkin


Quixote


CaptainKickback


Duke2Earl


webhick


And of Course Jay David Adkisson, the man, the myth, the legend himself... we owe it all to him and his innovations!