Subject: FW: Sec. 7608, IRS has no
enforcement legality
-----Original
Message-----
From: LaVerne Sandridge
[mailto:veritas2004@gmail.com]
Sent: Friday, January 26, 2007 12:41 AM
To: Jason Belew
Subject: Sec. 7608, IRS HAS NO ENFORCEMENT LEGALITY
See
http://www.uhuh.com/laws/irs7608.htm
for full text:
"In summary, §7608 requires delegations
from the Secretary to enforcement agents. In reference to §7608(a), it has been
shown above that this "ATF" authority has flowed through the ATF unit
within I.R.S ., ultimately to be passed onto the BATF.
But, in the search for authority under §7608(b), a review of all published TDOs and CDOs reveals that there appears to have been no such delegation .
Thus, if a Special Agent is conducting any investigation pursuant to the
authority of §7608, that investigation encompasses violations only of the
alcohol, tobacco and firearms tax laws, and there is no apparent authority
to conduct any federal income tax investigation which is possessed by a Special
Agent.
Special Note: This memo deals solely with items
such as regulations and delegation orders mentioned above which have
actually been published via the mandates of the APA. Undoubtedly, there are
delegation orders which exist that have not been published, and those would be
prevented from being published because of the operation of 1 CFR §5.4. "