Date: August 25, 2009
Debra E. G.
Augusta, Georgia 30909
Area Director of IRS
Area 8, Area Director, Nashville
801 Broadway, MDP1
Nashville, TN 37203
Attn: Compliance Technical Support Manager
Re: ADMINISTRATIVE CLAIM FOR UNAUTHORIZED COLLECTION ACTIONS UNDER IRS 7433 & 26 CFR 301.7433-1
Dear: Compliance Technical Support Manager:
This is an administrative claim for civil damages for Unauthorized Collection Actions under IRC 7433 and CFR 301.7433-1.
Under said law in section (d)(1) and said regulation in section (d), I am required to exhaust my administrative remedies. This letter is my method of doing that. I will file a civil action in US District Court under IRC 7433 for the wrongful and illegal collections actions against me.
Under CFR 301.7433 (1) (d), I must inform you of the following:
1. My name and address is above. My telephone number and identification number are below. The best time to call is …during your normal business hours…..
2. The grounds of my claim for damages include:
IRS unlawfully collected under notice of levy for year 2003 in the amount of $27,367.24. During the time of the levy, I sent the IRS many letters and other documents, and made innumerable phone calls. The IRS was clearly notified several times that the amount of the levy was in excess and claimant has repeatedly stated the amount that the IRS records show is incorrect. Furthermore, the tax collectors violated IRC Section 6330(e) suspension of collections because the CDPH was requested and accepted but not yet scheduled.
3. The injuries for this claim include:
My family of me, my husband and one child in school were left as little as $368.00 biweekly from 8/10/09 to 8/25/09, (so far). My own and my husband's mental health worsened, our child developed physical distress from lack of proper nutritional food, medicine, clothing, etc. Also, our child did not have the basics which were needed for school. We have all exhibited lack of motivation in all daily routines.
Also, we were unable to pay our bills, incurred huge interest and penalty charges from the credit card companies, etc.
Severe and unnecessary hardship to me and my family. We were denied the necessities of life due to this levy.
This robbery of my paycheck caused anxiety, emotional distress, mental anguish, severe health problems, etc., for each of us.
Loss of use of my money, reasonable interest.
My good credit rating was jeopardized, as well as a good standing with the company I work for, and my personal reputation.
4. The dollar amount of the claim include:
(A) $2,100 for return of my wages collected illegally including interest.
(B) $100, 000 minimum statutory damages
In conclusion, this is my claim for damages for wrongful actions of IRS employees. Under federal law, I am entitled to compensation.
Signature:_________________________________ Debra E. G. Telephone number: xxx-xxx-xxxx SSN: xxx-xx-xxxx