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January 4, 2010

Catching the Internal Revenue Service for Failing to Follow Administrative Procedures Using Postal Records

If you bought my IRS Lien Thumper and IRS Terminator packages you would have been able to use the Freedom of Information Act requests (FOIA) to request postal records respecting the Certified mailings of Notices of Lien required by 26 USC § 6320 and Final Notices of Intent to Levy required by 26 USC § 6330. Those requests are for a Postal record, that the Internal Revenue Manual says is supposed to be signed by a Postal worker, and is required to be maintained in its paper form by the IRS for ten years. When the Internal Revenue Service  neglects to stick to administrative procedures they are obliged to release, or more technically, withdraw their liens or return levied funds. The IRS Lien Thumper and IRS Terminator packages discuss this strategy in more detail. You can acquire both of those packages together at a considerable discount.

If you can prove that the IRS  has failed to followed every one of their administrative steps it can be instrumental in winning a Collection Due Process Hearing that can suspend collection activities and avert the implementation of an IRS levy against a bank account or paycheck, as is discussed in the no cost videos at www.irsterminator.com.

Individuals who have requested Postal record FOIAs from the Internal Revenue Service have gotten two different replies at this point: 1) The IRS has neglected to provide the record; 2) They have provided a record that looks like it has been made-up. When they provide a record that appears to have been fabricated is when a FOIA to the Postal Service becomes indispensable to determine the trueness of the record.

The Postal Service asks that FOIAs be mailed to the custodian of the records. The custodian is the head of the postal facility where the information is kept. In most instances, it will be a postmaster. To me this means that my customers will have to determine where the IRS placed the Certified mail in the mail and their FOIA request will be going to the postmaster at that facility. A search at the US Postal Service’s website to ascertain the exact location of the facility should prove fruitful. The FOIA Act itself provides that the envelope containing your request declare that it is a “Freedom of Information Act Request” on the exterior.

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