:Mark-Everett :Austin SPC all Rights Reserved c/o Laura L. Lujan Notary Witness San Juan Title Co.

111 N. Orchard Ave. Farmington, New Mexico state (87401) R. BASILE, #85-00554,REVENUE OFFICER c/o Douglas Shulman and or, Acting Commissioner of Internal Revenue Internal Revenue Service Room 5226 1111 Constitution Avenue, NW Washington, D.C. 20224 Certified Mail #7012 0470 0001 7824 9705 Subject:

R. BASILE, #85-00554,REVENUE OFFICER 5338 MONTGOMERY BLVD NE STOP: 5304ALB Albuquerque, NM 87109-4042 Certified Mail #7012 0470 0001 7824 9699

CONSTRUCTIVE NOTICE OF COUNTERFEIT SECURITIES RE: 1)Counterfeit Security Letter #3174 dated 10/11/2012 from Rose Basile, IRS, 5338 Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 2)Counterfeit Security Form 668(y)(c) Notice of Federal Tax Lien dated 10/11/12 from Rose Basile, IRS, 5338 Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 3)Counterfeit Security Letter #1058 dated 10/11/2012 from Rose Basile, IRS 5338 Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 4)6 Counterfeit Security Notices # CP504 dated 10-15-2012 from Rose Basile, IRS 5338 Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 5)8 Counterfeit Security Forms Number: 668-A(ICS)dated 10/30/2012 from Rose Basile, IRS 5338 1

Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 R BASILE, IRS, Douglas Shulman or acting Commissioner and to whom it may concern at IRS. 1. I DEMAND that you and your agency stop your illegal acts in violation of 26 USC statutes

concerning your attempts to continue to intimidate and coerce me into any action or duty you have determined I supposedly owe to IRS. As I have stated in numerous correspondences and by

affidavit. I have denied and still deny any duty and you have provided me with no documentation to prove otherwise. Please refer to my Letter of Revocation and Affidavit Thereof, Declaration of Exemption from Inapplicable Liens and my Notice and Demand Letter in response to the numerous unlawful notices and demands that you and those in your agency have issued to me. 2. You and those in your agency are hereby and have been, I attest that in February of this

year 2012 alone I gave this timely appropriate but same Notice to Agent Ronald Kilthau of IRS Albuquerque, without rebuttal to this day, put on NOTICE pursuant title 18 USC 18 USC 4, of the commission of Crimes cognizable by a court of the United States under Title 18 USC 513 to wit: 3. 513(a) Whoever makes, utters or possesses a counterfeited security of a State or a political

subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined not more than $250,000 or imprisoned not more than ten years. 4. See also Title 18 2311, 2314 and 2320 for additional fines and sanctions. Among the

securities defined at 18 USC 2311 is included evidence of indebtedness which, in a broad sense, may mean anything that is due and owing which would include a duty, obligation or right of

action. 5. The above referenced Subject documents qualify as counterfeited securities in that the IRS

and/or employee and/or their agency have stated it to have been a valid claim of a duty, obligation or right of action owed by Mark E. Austin to IRS by the following: a.) Counterfeit Security Letter #3174 dated 10/11/2012 from Rose Basile, IRS, 5338

Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 b.) Counterfeit Security Form 668(y)(c) Notice of Federal Tax Lien dated 10/11/12 from Rose

Basile, IRS, 5338 Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 c.) Counterfeit Security Letter #1058 dated 10/11/2012 from Rose Basile, IRS 5338

Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 d.) 6 Counterfeit Security Notices # CP504 dated 10-15-2012 from Rose Basile, IRS 5338

Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 e.) 8 Counterfeit Security Forms Number: 668-A(ICS)dated 10/30/2012 from Rose Basile, IRS

5338 Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338 7. The above referenced documents are counterfeit securities because they do not evidence both

the Internal Revenue Code statute(s) and the enforcement regulation(s) as required by law. 8. Perhaps this point is more strongly made in California Bankers Association v. Schultz 416 US 21; 38 L. Ed. 820, where the government argued: We think it important to note that the Acts civil

and criminal penalties attached only violation of regulations promulgated by the Secretary; if the Secretary were to do nothing, the Act itself would impose no penalties on anyone."
9. Since regulations may be directive (voluntary), or mandatory, the CFR Parallel Table of

Authorities lists the enforcement (mandatory) federal regulation, all others are directory and may be

ignored. 10. Since IRS and you Rose Basile seem to be unfamiliar with the CFRs, I am providing you with

some of the Enforcement Regulations of the IRC, to wit: Statute Description Enforcement Regulation

6020 6201 6203 6205 6212 6213 6301 6303 6321 6331-43 6601.02 6651 6671-72 6701 6702 6861 7201

Returns prepared by the Secretary Assessment Authority Method of Assessment Special Rules for Employment Taxes Notice of Deficiency Restrictions applicable to deficiencies Collection Authority Notice and Demand for Tax Lien for Taxes Levy and Distraint Interest on Underpayments Failure to File Tax Return or Pay Tax Penalty Assessed as Tax, Person Defined Penalties for Understatement of Tax Frivolous Filing Penalty Jeopardy Assessments of Income Attempt to evade or defeat tax

27 CFR Part 53 & 70 27 CFR Part 53 & 70 27 CFR Part 70 27 CFR Part 70 No Regulation No Regulation 27 CFR Part 70 27 CFR Part 70 27 CFR Part 70 27 CFR Part 70 27 CFR Part 70 27 CFR Part 70 27 CFR Part 70 27 CFR Part 70 No Regulation No Regulation No Regulation

7203

Willful failure to file return, supply information, or pay tax No Regulation 27 CFR Part 70 27 CFR Part 70 No Regulation 27 CFR Part 70 27 CFR Part 70

7207 7212 7343 7401 7403 7454

Fraudulent Returns Interference with Admin. Of IR Laws Definition of the term person Judicial Proceedings Authorization Judicial Action to Enforce Lien Burden of Proof in fraud, foundation Manager, and transferee cases

No Regulation 27 CFR Part 70 27 CFR Part 70, 170, 296 27 CFR Part 70 27 CFR Part 70 27 CFR Part 70 No Regulation

7601 7602 7603 7604 7605 7805

Canvass of District for Taxable Persons Examination of Books and Witnesses Service of Summons Enforcement of Summons Time and Place for Examination Authority for the Department of Treasury

11.

NOTE: 27 CFR is for Alcohol, Tobacco, Firearms and Explosives, not income or

employment taxes. 12. Mark E. Austin a private American citizen is not engaged in federally regulated activities, events The only mandatory duty and

or commodities under 27 CFR Part 70 within reason and belief.

obligation under law is that promulgated pursuant to 27 CFR Part 70. Mark Everett Austin has no nexus to that regulation shown in the counterfeit securities presented by you Rose Basile, IRS and

other employees in IRS. Therefore, it is reasonable to assume that the herein referred to letters and forms from IRS Albuquerque, NM referenced above are counterfeit securities designed to perpetrate a constructive fraud and actual theft upon Mark Everett Austin a private American citizen. I declare my Individual Master file be corrected, that I a living soul and am not now nor ever was engaged in a taxable revenue activity. I affirm that I simply, in the past and now, trade my labor for cash. There is no tax for that. 13. Mark Everett Austin a private American citizen is not a person as defined in 26 CFR 301.6671-

1, which governs who is subject to or liable for a tax, penalties, interest, etc. under the Internal Revenue Code:

14. 15.

Assessable Penalties 301.6671-1 Rules for application of assessable penalties.

16. (a) Penalty assessed as tax. The penalties and liabilities provided by subchapter B, chapter 68, of the Code (sections 6671 to 6675, inclusive) shall be paid upon notice and demand by the district director or the director of the regional service center and shall be assessed and collected in the same manner as taxes. Except as otherwise provided, any reference in the Code to tax imposed there under shall also be deemed to refer to the penalties and liabilities provided by subchapter B of chapter 68.
17. (b) Person defined. For purposes of subchapter B of chapter 68, the term person includes an

officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.

18.

Mark Everett Austin a private American citizen is not a person as defined in Title 26 USC

7343. USC 7343 also defines the term Person to include an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs. 19. 20. Information Request (Questionnaire) Congress has enacted five very specific mandatory protections to prevent the unlawful

imposition of the IRC upon non-regulated activities, events and commodities, to wit: 1)All information gathering forms must have an approved Form Number; 2)The Form Number must display an approved and active OMB Control Number; 3)The OMB Number must identify the CFR Part which is the specific type of tax; 4)The type of tax must identify the regulation promulgated by the Secretary of Treasury; and 5)The regulation must enforce (put into force) the specific statute of the IRC. 21. The IRS Notice 609 Privacy Act Notice states as follows: Our legal right to ask for

information is IRC sections 6001, 6011, and 6012 (a) and their regulation and whether your response is voluntary (directory) or mandatory under the law.

Constructive Notice and Demand for Verification of Authenticity of Authority

22. After considerable review of the Internal Revenue Code, Treasury Regulations, published in the

Internal Revenue Service policy, Administrative Procedures Act requirements and Supreme Court decisions upholding these requirements, it appears that You Rose Basile, IRS and their respective service un-named employees are operating outside of venue and subject matter of the Internal Revenue Code, and have acted above and beyond your and their scope of authority by making 7

unsubstantiated claims against Mark Everett Austin a private American citizen which they knew or should have known to be false because said claims were required by law to convey subject matter for the particular regulated activity that is being alleged to have created a duty, obligation or right of action to Internal Revenue Service. 23. Per Ryder v. United States 115 S. Ct. 2031, 132 L.Ed.2d 136, 515 U.S. 177, I am required to

initiate a direct challenge to authority of anyone representing himself or herself as a government officer or agent prior to the finality of any proceeding in order to avoid implications of de facto officer doctrine. When challenged, those posing as government officers and agents are required to affirmatively prove whatever authority they claim. In the absence of proof, they may be

held personally accountable for loss, injury and damages. 24. have Pursuant to [5.1] 11.9 of the Internal Revenue Manual, you will find the IRS personnel do not delegated authority to execute Form 1040 (individual), 1041 (trust) & 1120

(corporation/business) substitute returns under provisions of 26 U.SC. 6020(b). It follows that if IRS personnel do not have delegated authority to unilaterally execute these returns, Form 1040, 1041 and 1120 returns are not mandatory. 25. DEMAND is hereby made on you Rose Basile Albuquerque, NM and you Douglas Shulman or

acting Commissioner and those in your service to stop promoting fraudulent and counterfeit securities in a fraudulent scheme in order to solicit Mark Everett Austin a private American citizen by duress and coercion into participating in a scheme in excess than those authorized by law in violation of Title 26 USC 7433 for damages acting recklessly and intentionally in excess of statutory provisions and regulatory provisions of Title 26 USC. 26. Further DEMAND is hereby made, pursuant to Title 26 USC 7401, for the production of the

signed delegation of authority from the Secretary of the Treasury of the United States which authorizes a particular IRS employee and others in IRS, to take any action against Mark E. Austin a private American citizen. Note this demand has never been complied to. 27. Please send me a copy of the signed delegation of authority and Oath of Office from you, Rose

Basile IRS Albuquerque, NM and you, Douglas Shulman or acting Commissioner, and those in your service, directing action be taken against me, Mark E Austin a private American citizen. I am duty bound to ask that you prove your Authority as authorized government agents. Please provide me with certified copies of the following: A. Your precise title (revenue officer, revenue agent, appeals officer, special agent, etc.,

and cite the section of the act of Congress that created the office you occupy; B. Your constitutional oath of office, as required by Article VI, Paragraph 3 of the Constitution of

the United States and 5 U.S.C. 3331; C. Your civil commission as agent or officer of Government of the United States, as required by

Article III 3 of the Constitution of the United States and attending legislation; D. E. Your personal surety bond; Documentation that establishes your complete line of delegated authority, including all

intermediaries such as the Assistant Commissioner (International), beginning with the President of the United States. 28. Failure to comply with this Constructive Notice of Demand to Verify Authenticity of Authority

within 30 days of receipt of this notice will be an admission that all parties are willfully, with evil intent, engaging in criminal activity against me. 29. NOTICE: I reserve the right to enter this demand and all evidence attached within, to

be preserved as evidence under Rule 902 (4), (5), (8), (9) and (10) of the Federal Rules of Evidence, upon the records of such public recorders office at such place or places as I alone determine, which as a matter of public record shall be subject to submission and use in any legal proceeding thereafter as utilized by any person having cause to rely thereupon for evidence purpose, under the aforesaid Federal Rules of Evidence, and as for any other reasons that a public record of debt may be used, accordingly. Affidavit 30. I, the undersigned, state that the foregoing facts are true and correct to the best of my

knowledge and belief, and is made in good faith and is admitted when not rebutted within 30 days.

Sincerely,

Mark-Everett :Austin, Affiant:_________________________all rights reserved

On the ____ day of _______________, 2012, Mark Everett Austin personally appeared before me and proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed hereto and acknowledged to me that he executed the same under asseveration, and accepts the facts thereof. Subscribed and affirmed before me this day. Witness my hand and seal this ____ day of ________________ 2012.

Notary Signature My Commission expires on the ____ day of _______________, 20____.

Enclosure: 1)Counterfeit Security Letter #3174 dated 10/11/2012 from Rose Basile, IRS, 5338 Montgomery

Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338

2)Counterfeit Security Form 668(y)(c) Notice of Federal Tax Lien dated 10/11/12 from Rose
Basile, IRS, 5338 Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338

3)Counterfeit Security Letter #1058 dated 10/11/2012 from Rose Basile, IRS 5338 Montgomery
Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338

4)6 Counterfeit Securities Notices # CP504 dated 10-15-2012 from Rose Basile, IRS 5338
Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338

5)8 Counterfeit Securities Forms Number: 668-A(ICS)dated 10/30/2012 from Rose Basile, IRS
5338 Montgomery Blvd NE, STOP: 5304ALB Albuquerque, NM 87109-1338

6)My Letter of Revocation and Affidavit in Support Thereof Dated 12-31-2003 7)My Declaration of Exemption from Inapplicable Liens Dated 1-2-2007 8)Copy of my affidavit to MEJ Investments Inc.

11