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HomeMy WebLinkAbout966843From: Mark Marino PO Box 3531 Alpine, WY 83128 To: STATE OF COLORADO DEPARTMENT OF REVENUE Discovery Section Ms. Shirley Stevens CONDITIONAL ACCEPTANCE OFFER RECEIVED 9/17/2012 at 2:12 PM RECEIVING 966843 BOOK: 794 PAGE: 143 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00143 Re: 2009 Income Tax Case 704807 THE STATE OF COLORADO DEPARTMENT OF REVENUE presumes to have a claim upon me for income earned in 2009. In response to your letter dated June 14, 2012 (letter L1169764224), I wish to address the issues of this case on a paragraph -by- paragraph basis and propose a counter offer to your letter of intent to file a tax return (claim) on my behalf. Attached is an affidavit of material facts for the purpose of providing information about my state residency in 2009. Additionally, I have filed the Affidavit of Material Facts with the Lincoln County Clerk's Office, Wyoming. Lincoln County is where I reside. I am returning your letter "2009 Colorado Income Tax Case: 704807" as I do not want to retain STATE OF COLORADO property unless Ms. Shirley Stevens of the STATE OF COLORADO DEPARTMENT OF REVENUE meets the conditions of this acceptance offer. Regarding Paragraph 1 of your letter: The STATE OF COLORADO indicates that "certain income" was paid to me during 2009. I am not in receipt of any evidence from the STATE OF COLORADO that I received income paid to me during 2009. I will need evidence of income that the STATE OF COLORADO is using in this case. Regarding Paragraph 2: The STATE OF COLORADO indicates that 1 did not file a tax return with the STATE OF COLORADO for 2009. The STATE OF COLORADO claims authorization to file a return (claim) on "my behalf I am not in receipt of any statute and corresponding regulations that together authorize you to assess me with a tax liability. I request the STATE OF COLORADO to provide evidence of statutes and regulations that IT does in fact have authority to compel me to submit a tax return and that it has authority to file a claim. Regarding Paragraph 3: I cannot state that the information in your letter is correct. I am not in receipt of evidence from the STATE OF COLORADO explaining how I can file a tax return without violating my Fifth Amendment right to not be compelled to incriminate myself. As a layman, there is no way I can be presumed to know if any information reported on a tax return would be incriminating to me or not. Therefore, I request the STATE OF COLORADO to show me how I can file a tax return without waiving any of my inalienable Fifth Amendment rights. Regarding Paragraph 4: I am not in receipt of any evidence of any statute or regulation that requires non residents to file a Colorado tax return, nor am 1 n receipt of any evidence of any statute or regulation that authorizes the STATE OF COLORADO DEPARTMENT OF REVENUE to tax non residents. Please refer to the attached Affidavit of Fact regarding my residency for 2009. I am not in receipt of any evidence from the STATE OF COLORADO that attests to or verifies my residency or whereabouts during 2009. Regarding Paragraph 5: This paragraph "requests" me to compel other individuals to provide their personal and financial information. 1 am not in receipt of evidence from the STATE OF COLORADO explaining how 1 can file a tax return without violating my Fifth Amendment right to not be compelled to incriminate myself or others. I will request the STATE OF COLORADO to show me how I be compelled to provide information without waiving any of my inalienable Fifth Amendment rights or the same rights of others. Regarding Paragraph 6: This paragraph does not even "request it directs me to send information. I am not in receipt of evidence from the STATE OF COLORADO explaining how I can file a tax return without violating my Fifth Amendment right to not be compelled to incriminate myself. Again, I request the STATE OF COLORADO to show me how to not relinquish my inalienable Fifth Amendment rights by complying with this directive /request. Regarding Paragraph 7: I have received the bill. I am not in receipt of any statute and corresponding regulations that together authorize you to assess me with a tax liability. In an effort to settle this matter efficiently, I accept your demand to submit a Colorado Tax return for 2009 if all of the following conditions are met: 1. If Ms. Shirley Stevens of the STATE OF COLORADO DEPARTMENT OF REVENUE provides me with factual evidence of taw that explains how I can be compelled to provide my personal and financial information, or the information of others without violation of my Fifth Amendment rights or the rights of others. 2. If Ms. Shirley Stevens of the STATE OF COLORADO DEPARTMENT OF REVENUE will provide evidence of fact that I was a resident of Colorado and not a resident of Wyoming in 2009 as 1 stated in my affidavit. 3. If Ms. Shirley Stevens of the STATE OF COLORADO DEPARTMENT OF REVENUE provides evidence of fact that I earned any income in the State of Colorado during 2009. 4. If Ms. Shirley Stevens of the STATE OF COLORADO DEPARTMENT OF REVENUE produces factual evidence of law that I am required to produce my federal tax information, or any type of personal documentation beyond my voluntary written Affidavit of Material Facts, which is filed with the Clerk of Lincoln County Wyoming. 5. If Ms. Shirley Stevens of the STATE OF COLORADO DEPARTMENT OF REVENUE produces factual evidence of law that refutes the acceptance -as -fact of an unrebutted affidavit as admissible evidence in court. I.41 Signature of Mark Marino 14t WITNESS my hand this 1 t day of 2012 /s/ STATE OF WYOMING COUNTY OF LINCOLN On this 5 day of J�� 2012, before me, the undersigned Notary Public in and for the State of Wyoming, appeared f\i\N S 2 personally known to me to be the person whose signature appears in the within instrument and acknowledged to me that he executed it. Witne hand an /s/ Notary Print: 3 i✓P official seal: JEAN A. JACKSON NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires November 21, 2012 ?1.4.5