HomeMy WebLinkAbout916348
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Clyde Wallace Stock
P.O. Box 227
rrèed~m, Wyoming, 83120
Certified Mail # 7004 2890 0001 3204 4044
000438
February 22, 2006
RECEIVED 3/1/2006 at 10:28 AM
RECEIVING # 916348
BOOK: 613 PAGE: 438
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Department of the Treasury
Internal Revenue Service
Attn: Lori Ott
P.O. Box 1428
Rock Springs, WY 82902-1428
.. - ---- -- --- - -- --.~---
Re: EIN: 520323039 & Ref # SBSE:W:1658:EX
Dear Ms. Ou and To Whom It May Concern:
COMMERCIAL AFFIDAVIT
This is a timely request and demand for information and clarification
specifically relating to your Letter 3709(DO) dated October 25, 2005, a
copy of which is attached. I am not refusing or neglecting to pay any
internal revenue tax liability to which I am lawfully subject or liable.
In order for me to have a clear understanding of what you allege in
your form letter, please provide me with specific answers to each of the
following questions along with references to any and all statutes,
regulations and/or court decisions that you use to support your answers.
In your letter you have indicated by checking the first box that that you
feel I am subject to a penalty under 31 U.S.C. § 5321(a)(5) for failing to
meet the filing requirements of 31 D.S.C. § 5314. The paragraph goes on to
say that, "For each calendar year, any U.S. Person having one or more
foreign accounts with maximum balances aggregating over $10,000 is
required to file Form TDF 90-22.0, Report of Foreign Bank and Financial
Accounts with the Internal Revenue Service by June 30th of the following
year.
1) What causes you to define me as a "U.S. Person"?
The reason no report was filed pursuant to the above referenced statute
is because there is no evidence that I meet the statutory definition of a
"U.S. Person."
(30) United States person
The term "United States person" means -
(A) a citizen or resident of the United States,
Page 1 of 3 Commercial Affidavit of Clyde Wallace Stock
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000439
O~1..6a48 (B) a domestic partnership,
(C) a domestic ..cqrporation,
(D) any estate (other than a foreign estate, within the
meaning of paragraph (31)), and
(E) any trust if -
(i) a court within the United States is able to
exercise primary supervision over the administration of
the trust, and
(ii) one or more United States persons have the
authority to control all substantial decisions of the trust.
2) Do you have specific information or evidence that I meet the
statutory definition of a "citizen or resid~nt of the United States"?
According to 26 U.S.C. 3121(e)(2) United States, I do not seem to meet
the statutory definition of "citizen or resident of the United 'States."
(2) United States
The term "United States" when used in a geographical
sense includes the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, and American Samoa.
It would seem therefore, Ms. Ou, that proposing a penalty for willfully
failing to meet the record keeping requirements under 31 U.S.C. §
5321(a)(5) cannot possibly apply to me since I do not meet these 'statutory
definitions.
If the parties given notice by means of this document have information
that would controvert and overcome this Affidavit, please advise me.
You have ten (10) days in which you can respond and rebut this
Commercial Affidavit, from receipt, uee § 1- 204, unless you request in
writing an extension of time. A lack of response or rebuttal means you
assent to this Commercial Affidavit and that a fault exists, uee § 1- 201 (16),
creating fraud through material misrepresentation that vitiates all forms,
contracts, testimony, agreements, etc .expressed or implied, from th e
beginning, UCC § 1-103.
Date: February 21, 2006
Page 2 of 3 Commercial Affidavit of Clyde Wallace Stock
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STATE OF WYOMING
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COUNTY OF LINCOLN
On the 22 day of February 2006, personally appeared Clyde Wallace Stock,
before me, and is the man who executed the above instrument and
acknowledged it to be his own free act before me.
LUANNBRU HNS,., . NOTARY PUBLIC
County of " State of '
Lincoln Wyoming
) My Commission Expires March 25, 2007 )
.
MZJ2~ ~___
v~~blic
Notary Seal:
Page 3 of 3 Commercial Affidavit of Clyde Wallace Stock
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