In my January 24, 2021 Update #7, I provided a link to my January 18, 2021 pleading entitled Plaintiff's Reply in Opposition to United States’ Motion to Dismiss the Amended Complaint [Doc. 30, 7 pages], supported by Exhibit A [my August 2, 2013 FOIA to the IRS for Substitute for Returns (SFRs) for 2012-2016 and 2008-2009], Exhibit B [IRS’ September 17, 2013 Response to my FOIA] and a Proposed Order for Judge Bates to sign.
On January 28, 2021, the United States filed its Reply in Support of its Motion to Dismiss [Doc. 31, 7 pages] to my January 18th Reply.
On February 5, 2021, I filed, by email, my Response to United States’ Reply in Support of its Motion to Dismiss [Doc. 32-0, 19 pages]. Attached to that pleading was Exhibit A Tax Court Case #22578-19 Motion to Dismiss [Doc. 32-1, 38 pages] and a Proposed Order [Doc. 32-2, 1 page] for Judge Bates to sign.
I followed up by mailing paper copies of those documents to the Court that same day. The following week, I checked the U.S. Postal Service website and verified that those documents were delivered to the Court on February 11, 2021.
For the remainder of that week and the next, I regularly checked the docket on PACER, but my Response had not been filed into the record. Finally, on February 19, 2021, I called and talked to the Case Administrator who told me my Response was being held in the Judge’s chambers, but she wouldn’t tell me why, when I could expect it to be released, or anything else.
I stressed about this for the next few days, but then, on Wednesday, February 24, 2021, I received email notification that Docs. 32-0, 32-1 and 32-2 had been filed into the record on February 22, 2021. I immediately logged into PACER, saw that they appeared on the docket, and downloaded the filed copies and the docket sheet to my computer. What a relief!
My Response opens with these words: “Truth is the government’s greatest enemy. And the greatest enemy of the duplicitous team of AUSAs Ryan O. McMonagle and Benton T. Morton (hereinafter referred to as the “Team”) is the incontrovertible evidence I have provided in this case proving that the IRS’ records concerning me, which led to the State Department’s June 27, 2018 denial of my passport renewal application, contain manifest errors”.
To address each issue raised in the United States’ Reply, and to clarify other relevant issues regarding the unlawful actions by the State Department and the IRS, and their effects on me, this Response is organized as follows:
I. No Signed/Sworn Notices of Deficiency or Determination Were Served on Me for Any of the Years in Question, Therefore I Have No Federal Tax Debt
II. The Supreme Court, in Weldon v. U.S., Docket 98-383, Confirmed (I.)
III. McNeil Rebuts the United States’ Claim That He Cannot State A Plausible Claim That The Certification Of His Federal Tax Debt Was Erroneous Because Notice of The Certification Was Allegedly Sent To The Wrong Address
IV. McNeil Rebuts the United States’ Claim That He Cannot Challenge The Certification On the Ground That The Written Notice References “Form 1040A”
V. IRS Acting SB/SE Commissioner Lisa Beard “Certified” Two Erroneous Lists
I encourage each of you to read my Response and study Exhibit A Tax Court Case #22578-19 Motion to Dismiss to understand the full extent of the Government’s underlying record falsification scheme and how it affects millions of innocent Americans.