John tam has Power of Attorney to act on behalf of Vincent and Louise booth regarding federal tax matters. Tam: Verified Bill Statement must be signed under penalty of perjury by someone in the IRS who has firsthand knowledge that my clients owe this bill. He says this request is in accordance with the Administrative Procedures Act at 5 USC SS556(d)
John tam has Power of Attorney to act on behalf of Vincent and Louise booth regarding federal tax matters. Tam: Verified Bill Statement must be signed under penalty of perjury by someone in the IRS who has firsthand knowledge that my clients owe this bill. He says this request is in accordance with the Administrative Procedures Act at 5 USC SS556(d)
John tam has Power of Attorney to act on behalf of Vincent and Louise booth regarding federal tax matters. Tam: Verified Bill Statement must be signed under penalty of perjury by someone in the IRS who has firsthand knowledge that my clients owe this bill. He says this request is in accordance with the Administrative Procedures Act at 5 USC SS556(d)
Bryan D. Malatesta, CPA
25525 State Road 46, Suite 2
Mt. Plymouth, FL 32776
‘Phone: (352) 383-9100, uxt (352) 383-0808
June 26, 2003
Internal Revenue Service Confirmation No: 91 1408 2133 3930 5796
Attn: John Tam Technical Support Mat
55 S. Market Stre¢t
ar this RE] Vincent Booth, Louise Booth
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Stop HQ 4645 [otter must ba Hs! as a permanent se SGN: 261-25-7668, $71-27-5430
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Subject: Form 668-Y
Dear Jol Tam, | pris pen
Ihave Power of Attorney to act on behalf of Vincent Booth and Louise Booth regarding federal
tax matters. Tam jn receipt of your letter Form 668-Y dated 3/10/00,
You stated in your letter that my clients have a balance due for a tax bill. My clients are not
aware that they owe this bill. However, my clients will pay any claim due upon receipt of the
Verified Bill Statement. The Verified Bill Statement must be signed under the penalty of perjury
by someone in the IRS who has firsthand knowledge that my clients are required to pay this tax,
pursuant to 26 USC §§6061 and 6065,
The Internal Revenue Manual at [5.1]1.7(05-27-1999) states:
Fair Debt Collection Practices Act.
(1) IRC 6304 requires the IRS to comply with certain sections of the Fair Debt
Collection Practices act (FDCPA). These deal with:
(a) contacts regarding unpaid tax, and
(b) harassment and abuse of taxpayers.
(2) This law applies to contacts with all taxpayers, including corporations and
partnerships.
(3) Violations of IRC 6304 could subject the TRS to civil action (IRC 7433) by the
taxpayer,
‘The Fair Debt Collection Practices Act, specifically TitleVIIL, Sec. 806 of Public Law 104-208
encoded at 15 USC §1692(d) states in part:
Fair Debt Collection Practices Act, 15 USC 1692(dyPublic Law, Title VIII, Sec. 806:
A debt collector may not engage in any conduct the natural consequence of which is
to harass, oppress, or abuse any person in conection with the collection of a debt.
Without limiting the general application of the foregoing, the following conduct is a
‘olation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical
person, reputation, or property of any person.‘This request is in accordance with the Administrative Procedures Act at $ USC §556(d), which
states
{d) Except as otherwise provided by statute, the proponent of a rule or order has the
burden of proof...A sanction may not be imposed or rule or order issued except on
consideration of the whole record or those parts thereof cited by a party and supported
by and in accordance with the reliable, probative, and substantial evidence,
Offer: You have before you a firm offer to pay $1,855,733.72. Please let me know by written
correspondence within ten (10) days of receipt of this letter if you are going to acccpt or reject
my clients’ offer to pay the alleged debt.
Regards,
Buy Dnlkble CR).
Bryan D. Malatesta, CPA
Enclosures: POA
Verified Bill Statement
Form 668-Y
Page 2 of 2VERIFIED BILL STATEMENT
1
__» Pocket Commission
Serial No. _ » hereby affirm that Vincent Booth and Louise
Booth has taxable ineome and is obligated to pay the attached bill. My request for payment is
authorized by law. Tam an authorized agent of the United States government and acting within
delegated authority as evidenced by the documents I have produced. This statement is made
under the penalty of perjury, and is true, correct, complete and not misleading,
Signature and Title