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At this point I told her that I thought she was using the excuse of not being able to locate my records as a way of postponing making her final determination. I also felt that she wasn't going to make a final determination, and this was just a run-around.

I asked her to tell me the truth. I said, "Agnes, when you sent your recommendation to the IRS attorneys, did they tell you not to make a final determination on my case if I refused to just walk away and forget everything if they sent me a refund and canceled their assessments against me?"

I told her my guess was that the IRS attorneys suggested that if I continued to fight them, she shouldn't make my job any easier by making a determination in my favor. They probably instructed her to stay in touch with me, but to just keep telling me that she was still attempting to locate my records.

I finished by saying, "Listen Agnes, I look in the mirror every morning, and you know what? I don't look stupid! But you’re starting to make me feel that way." I told her I had dealt with the IRS for fourteen years and in all that time all I’d seen was that they were all back-stabbing, lying extortionists.

I don't think Agnes knew how to respond. So she just told me, as instructed, that she would continue to try to locate my records. Defensively, she added that she had even contacted the appeal’s office, but that they didn't have my records either.

Finally I told her that there was no need for her to contact me anymore. I said that I would take my chances with publishing the book and hopefully meeting them in court some day. And this time I would be ready for them.

Agnes ended the conversation by informing me that she was being transferred to another position on December 11,1998, and was not sure if she would be able to make the final determination by then.

On December 4,1998 Agnes left a message at work with the secretary that she was still attempting to gather more information on my case.

Then again on December 7,1998 Agnes called me at work. This time she opened the conversation by asking me if there was anything else that I'd like to tell her or did I have anything else that I'd like to send her. I asked her, "What exactly do you want? Do you want me to send you a copy of the manuscript so you know everything?" Agnes chuckled and said, "No, I don't have the time to read it because I’m being transferred to another position on Friday the 11th of December."

I said, "Listen Agnes, we both know that you’re not going to make a final decision on my case, so why are you calling me?" I told her that she seemed to be a decent person, but that I really didn't need a shoulder to cry on; I needed results.

I reminded her that she had already admitted that this situation should have never occurred, and that her recommendation was that the IRS cancel their assessments, penalties and interest and refund any monies that I had paid.

I asked her what happened to that. What changed her mind? She had repeatedly told me that she was unable to locate any of my records, so it couldn't be that. So what was it? Once again she refused to give me a straight answer.

When I felt our conversation was going in circles, I disclosed that I wasn't very far from coming out with my book, so instead of having someone else from the IRS call me--taking their time pretending they were going to get things straightened out--I would just take my chances of fighting them with the book. Agnes ended our conversation by politely, requesting that if I had anything else that I'd like to talk to her about, I should call her before Friday.

Let me explain something. By no means do I think it's objectionable for the Internal Revenue Service to call someone and attempt to rectify a tax dispute. What I do find offensive is for anyone from the IRS to call and play head games.

Up to this point, the new, friendlier IRS was nothing more than a smokescreen. They’re still the same extortionists that they've always been. All they did was add an 800 complaint line. Sure, they'll talk nice to you, but the conversation goes nowhere and you never get anything accomplished. What it amounts to is government therapy, with no positive results--at least in your favor.

As far as I’m concerned, it doesn’t really matter whether the person screwing me has a smile or a frown on their face. I’m still getting screwed. Frankly, I'd probably be more upset if they were smiling. How about you?

If the new, improved and friendlier IRS is still going to screw you like the old IRS did, does it really matter if they’re friendlier? If they’ll still trash your life even when they know that you’re innocent?

On December 12,1998 Agnes called me at work at 2:08 p.m. She told me she had come into work on a Saturday specifically to make the final determination on my case. She reminded me that she had been transferred, but said she nevertheless still had the authority to make the final determination regarding my case. She then wanted to ask me several more questions, which I answered.

Agnes admitted that it certainly appeared that I had done everything correctly and said she still could not understand why this happened. She told me that her final determination was that the IRS was wrong and that they should abate the penalties and interest.

I asked Agnes who else the case had to go to be finalized once she had made a final determination? She answered that it didn't have to go to anyone else for approval.

I had also asked whether, if she determined that the IRS was wrong and they abated the penalties and interest, would I get the money that I had paid toward these assessments back? She said yes.

I sensed a strange aura or connotation during the entire conversation. It was like Agnes was trying to say something without saying it outright, or that she wanted to say something but couldn't without taking a chance of getting into an unpleasant situation with her employer, the IRS. Remember, the IRS is like a wild animal: in a frenzy they have no qualm about eating their own.

Agnes finished our conversation by wishing me a great day. I promptly thanked her for taking her personal time to come into work on a Saturday and for having the courage to make her final determination. I also asked if I would get her determination in writing and she said that I would. I then closed the conversation by wishing Agnes a great day.

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