PO Box 5915
Greenville, SC 29606
October 1, 2008
Ms. Anne Jacobosky
Assistant Regional Commissioner
Social Security Administration
1 Jamaica Center Plaza
Jamaica, NY 11432-3898
Dear Ms. Jacobosky: Re Claims: A and B
Your letters of July 21, 2008, to the undersigned advised that starting August 1, 2008, your office would begin to withhold the full social security amount of $1,839.00 from account A and $621.00 from account B under the TOP for a tax debt due to the IRS. The TOP has a maximum limit of 15% that can lawfully be deducted from our retirement checks. Your office should have only withheld $275.85 per month from account A and $93.15 per month from account B. Instead, you have deducted the entire $5,517.00 from account A and the entire $1,863.00 from account B, which is unlawfully in excess of the amounts that are authorized to be withheld. Accordingly, I ask that you send a check to me for $4,689.45, plus 6% interest, and a check to my wife for $1,583.55, plus 6% interest. These are the amounts that by law should have been sent to us.
Future checks should deduct $275.85 from claim A and $93.15 from claim B.
As you know, Congress passed the Taxpayer’s Bill of Rights ll which included the Illegal Tax Collection Act IRC$7433 that provides for a minimum statutory damages provision of $100,000.00 that would be payable by your agency to each of us. I trust the integrity of your office will not force us to file suit in federal district court for such minimum damages.