TO: Ms. Grace Sutton, ASAIC
Complaint Management Division
Treasury Inspector General for Tax Administration
1125 – 15th Street, N.W., Suite 700-A
DISTRICT OF COLUMBIA, USA
FROM: Paul Andrew Mitchell
Private Attorney General, 18 U.S.C. 1964(a)
DATE: March 21, 2005 A.D.
SUBJECT: rebuttal to your letter dated March 5, 2005
Dear Ms. Sutton:
I have conferred with my client, retired CPO Frank Carl Schnabel, and we both agree that you have made a serious error by referring our prior request dated Feb. 8, 2005, to the Internal Revenue Service.
Mr. Schnabel is not presently employed by the Internal Revenue Service and, for this reason he cannot be treated as one of their “employees”.
The citation we provided to you from 33A Am Jur 2d, paragraph 9357, is quite clear when it states:
The payor must notify the payee of his or her right to elect out of withholding. For periodic payments, the payer must, at least once each calendar year (and at approximately the same time), notify the payee of his right to make a non-withholding election or to revoke a nonwithholding election previously made.
It is also quite evident, from the administrative record which we have reviewed to date, that DFAS is the “payer” and that the Internal Revenue Service is NOT the “payer” or “payor” [sic] in this case.
Accordingly, once again we now repeat our formal request that you produce any and all evidence that DFAS properly notified Mr. Schnabel of his right to elect out of withholding. Specifically, we requested your honest and timely answers to the following questions:
(1) Did DFAS, or did DFAS not, notify Frank Carl Schnabel of his right to elect out of withholding between May and November 1979 as mandated by section 3405 of the Internal Revenue Code?
(2) If so, can you please produce proof of the required notification by promptly mailing same to my office and to Mr. Schnabel?
We are also requesting here that this matter be resolved without any further red tape. I am informed by Mr. Schnabel that this matter has been ongoing since the year 2000. Enough is enough, Ms. Sutton!
Thank you again for your prompt professional assistance.
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, Criminal Investigator and
Federal Witness: 18 U.S.C. 1510, 1512-13, 1964(a)
All Rights Reserved without Prejudice
copy: Frank Carl Schnabel, Citizen of Tennessee,
CPO U.S. Navy (retired) and
GS-12 Civil Service (retired)
3552 Vanderwood Drive
Mr. Joel M. Rossen
Senior Associate Counsel
DFAS Office of General Counsel
U.S. Mail care of:
501 W. Broadway, Suite A-332
San Diego 92101
enclosures: evidence of racketeering by the IRS