AFFIDAVIT OF TRUTH & FACT

Notice is hereby given that failure or refusal to contest this AFFIDAVIT OF

TRUTH & FACT within twenty (20) days on a point-for-point basis shall be construed
as constructive silence and concealment of incriminating evidence and shall create
the legal presumption or conclusion that the authorities stated by the IRS do not
exist and that the IRS agent(s) has/have acted individually under color of law or
under pretense of law and not as an agent for the IRS and that such agent(s) is/are
involved in fraud or extortion. If the IRS should choose to authorize activities by
such agent in conflict with statutory or delegated authority, it shall be constructive
evidence that the IRS is involved in fraud and extortion .

IMPORTANT NOTICE:

Receipt of this AFFIDAVIT OF TRUTH & FACT requires a response as stipulated

above, acquiescence will be your answer to all below statements if respondents fail
or refuse to provide a written response in the form of a rebutta l Affidavit.
Acquiescence means "A person 's tacit or passive acceptance: implied consent to an
act. " Rev iew Morris vs. NCR. 44 SW2d 433 which states: "An Affidavit if not
contested in a timely manner is considered undisputed facts as a mat ter of law."
Also , review U.S. vs. Pruden, 424 F.2d 1021 (1970) which states: "Silence can
only be equated with fraud where there is a legal or moral duty to speak or where
an inquiry left unanswered would be intentionally misleading ... We cannot condone
this shocking behavior by the IRS. Our revenue system is based on the good faith of
the taxpayer and the taxpayers should be able to expect the same from the
government in its enforcement and collection activities."

JOHN DOE SMITH , Authorized Representative

12345 N 5th Avenue
Anywhere, Utah [11 111]
Affiant,

J. Russell George
INSPECTOR GENERAL FOR TAX ADMINISTRATION
Department of the Treasury
1500 Pennsylvani a Avenue NW
Washington, DC 20220

Douglas Shulman - IRS Commissioner

INTERNAL REVENU E SERVICE
Room 5226
1111 Constitution Avenue, NW
Washington DC 20224

ACS Manager - Memphis IRS Service Center

PO Box 249
Memphis, TN 38101-0249
Respondents.

NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT,

NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL.

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 AFFIDAVIT OF TRUTH & FACT

State of Arizona
) ss:
County of Maricopa )

1. It is a fact that, John Doe Smith, the real man, is the authorized
representative for the U.S. Government held Trust entity known as JOHN DOE
SM ITH with account number 123-45 -6789 .

2. It is a fact that, Betty Joe Davis, the real woman, is the Authorized
Representative for the U.S. Government held Trust entity known as BETTY
JOE DAVIS with account number 222 -22 -2222 .

3. It is a fact that said Authorized Representatives, John Doe Smith and Betty
Joe Davis filed amended 1040X tax returns for years 2005 , 2006, 2007 and
orig in al 1040 2008 tax return to recover over payment of tax and/ or withheld
credit not reported by others.

4. It is a fact that if Authorized Representatives were not to report and/ or

correct credit instruments issued to other parties, then their Trust entities
(Donor) would be held obligated by the IRS to pay a gift tax under 26 USC
§2502(d).

5. It is a fact that, Authorized Representatives did file tax returns for years
2005 , 2006, 2007 and 2008 that reflected recovery of such credit using IRS
information instruments such as the 1099-A and 1099-OID.

6. It is a fact that the INTERNAL REVENUE SERVICE (" IRS") received said
information instruments and tax returns and has issued a frivolous claim with
a penalty threat that we either change our testimony as submitted or suffer a
charge in the sum of $5000 and/ or such IRS agent will/h as unlawfully
changed / modified Authorized Representative's tax returns.

7. It is a fact that, there is no evidence that the penalty threatened by the IRS
has any basis in Title 26 USC or Internal Revenue Code ("IRC" ).

8. It is a fact that, there is no evidence that our filed tax returns for years 2005 ,
2006, 2007 and 2008 are not valid, true , correct, complete, and of our first-
hand knowledge.

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 AFFIDAVIT OF TRUTH & FACT

9. It is a fact that, there is no evidence that my/our tax returns are not signed
under the penalty of perjury.

10. It is a fact that, there is no evidence that our filed tax returns do not clearly
show all required items of income, deductions, credits and withheld funds,
and over paid taxes.

11. lt is a fact that, there is no evidence that our tax returns are not in full
agreement with supporting documentation and information filings.

12. It is a fact that, there is no evidence that our tax returns did not properly
identify withheld funds that were previously unreported by others.

13. It is a fact that, there is no evidence that information filings (i e. 1099-A and
1099-OID) did not clearly show where the unreported withheld funds are
being held.

14. It is a fact that, there is no evidence that the refund as requested by our filed
tax returns 2005, 2006, 2007 and 2008 are not valid and due.

15. It is a fact that, there is no evidence that our filed tax returns " do not contain
information on which the substantial correctness of the self-assessment may
be judged" under 26 USC 6702 (a)(l)(A) .

16. It is a fact that, there is no evidence that our filed tax returns " contain
information that on its face indicates that the self-assessment is substantially
incorrect" under 26 USC 6702 (a)(l)(B ) .

17. It is a fact that, there is no evidence that our filed tax returns are " based on a
position which the Secretary has identified as frivolous under subsection (c)"
under 26 USC 6702(a)(2)(A).

18. It is a fact that, there is no evidence that our filed tax returns "reflect a desire
to delay or impede the administration of Federal tax laws" under 26 USC
6702(a)(2 )( B).

19. It is a fact that, there is no evidence that our tax returns are based on
positions identified as frivolous under 26 USC 6702(c ).

20. It is a fact that, there is no evidence that we are not correctly reporting
transactions (previously unreported or misreported by others) to cause the
proper application and administration of federal tax laws by the IRS.

21. It is a fact that, there is no evidence that failure to make certain information
filings (ie. 1099-A and 1099-OID) would not make me liable for " Penalties for
Failure-To-File Certain Information Returns or Furnish Certain Statements".

22. lt is a fact that, there is no evidence that our tax returns for years 2005 ,
2006, 2007 and 2008 were not submitted on valid IRS forms.

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 AFFIDAVIT OF TRUTH & FACT

23.lt is a fact that, there is no evidence that correcting or withdrawing our tax
returns is not unlawful and/or frivolous.

24.lt is a fact that, there is no evidence that correcting or withdrawing our

amended return would not make us liable for a " Failure-To-File Penalty" .

25. It is a fact that, there is no evidence that gives the IRS the lawful authority to
change the calculations of our sworn testimony (tax returns) that has been
signed under the penalty of perjury.

I. !ohn Doe Smith , the authori zed representative for Trust entity known as
JOHN DOE SMITH - ACCT# 123 -45 -6789 and creator of th is Affidavit, does
hereby confirm and affirm that al l facts stated herein are true, correct, complete
to the best of my knowledge, not misleading, admissible as evidence, and are
signed under the penalty of perjury.

Date: - - - - - - - BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
John Doe Smith, Authorized Representative
seal

JURAT

State of Utah
) ss:
County of xxxxxxx )

On the _ _ day of _ _ _ _ _ _ _, 2009 before me, _ _ _ _ _ _ _ _ __

personally appeared who proved to me on the

basis of satisfactory evidence to be the person whose name is subscribed to th is

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 AFFIDAVIT OF TRUTH & FACT

instrument and acknowledge to me that he is the person that executed this

instrument. I certify under PENALTY OF PERJURY under the laws of the Utah state

that the foregoing paragraph is true and correct.

WITNESS by my hand and official seal.

SEAL

Signature of Notary Public

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