Transcripts Don't Lie has found the silver bullet

[Quixote]

LostHead Transcripts Don't Lie, posting as TDL at CodeBusters, has discovered the silver bullet for the frivolous return penalty. Searching through IRS Letter 3176, he discovered that the penalty was not a penalty.

Here's what amazed me when I re-re-re-read this well-worn "letter", the one we all got at least once (emphasis mine):...

we will assess the $5,000 penalty for frivolous tax submissions. We will charge this fee for each purported return you filed for which you did not file a corrected return. Once we assess the penalty, the IRS will bill you $5,000 ...

Imho, it is undeniable that the law does NOT contemplate anything being "charged" in the nature of a "fee" -- by any stretch of the imagination;

...

Thus certified copies of CF5147 + L3176 should provide us with the necessary proof of unlawful collection action by acting under color-of-law/color-of-office.

I think he's definitely on to something here, because any legal scholar will tell you that a poorly worded form letter trumps the statute and regulations.

[Famspear]

LostHead Transcripts Don't Lie, posting as TDL at CodeBusters, has discovered the silver bullet for the frivolous return penalty. Searching through IRS Letter 3176, he discovered that the penalty was not a penalty.

Yes, and if TDL were to ask Peter E. ("Blowhard") Hendrickson, I'm sure His Blowhardiness would assure TDL that a federal tax crime conviction is not a federal tax crime conviction, and that nearly two years in a federal prison at Milan, Michigan is not really nearly two years in a federal prison.

I think he's definitely on to something here, because any legal scholar will tell you that a poorly worded form letter trumps the statute and regulations.

Yes, and if TDL were to ask Blowhard Hendrickson (the ultimate legal scholar by virtue of his experience in video arcade management and apartment complex maintenance), I'm sure His Blowhardiness would assure TDL that every word in the text of Blowhard's Cracking the Code trumps the statutes, the regulations, and every legal treatise ever written.

[notorial dissent]

Well, it certainly seems to work that way in Hendricksonland, the problem is that the real world just doesn't seem to want to play along.

[webhick]

You know, every time I see this whole "silver bullet" thing, all I can think of is the colt from Supernatural. Basically, it's this special gun designed by Samuel Colt for a monster hunter, which is supposed to kill anything.

Sounds good, right? Not really. Limited supply of bullets. Only started with 13 and by the time the boys really got their hands on it, only 5. It hardly ever seemed to kill. A demon or two and a vampire, I think. And IIRC, it only annoyed Lucifer. Also, it unlocked a gate to hell.[/list]

So, there's some parallels to CtC. You only have a limited number of uses before the IRS catches onto you. Hardly ever "works" (meaning that very few people manage to fly under the radar for very long. And then it all catches up to you.

CtC, and pretty much all of the theories like it are essentially The Colt from Supernatural.

[Cathulhu]

The closest this guy will ever come to a silver bullet would be loading a squirtgun with silver nitrate.