© 1994 - 2009
Against the Grain

NOTICE and DEMAND

RE CREDIT FOR ILLEGALLY COLLECTED F.E.T.

Dear Chris Franta,

1. As per my letter to you dated September 29, 2004 and received by you 5:51am October 4, 2004, under U.S. Mail signature confirmation of G. Vossen. I complied with the directions of Amy Shoenfeld in her letter to me of Sept 16, 2004, see enclosed, that required Sprint to issue me a credit for the repealed and illegally collected Federal Excise Tax (F.E.T.) that was promised. The Credit amounted to $172.87 up to September 22, 2004. I expected to see the credit in the form of a check or appear on my October Bill which would eliminate the entire bill for that month and each month thereafter until the $172.87 credit dropped to -0- dollars. Unfortunately neither happened and the F.E.T. still appeared. So........what happened ?

2. As you know, Sprint President and CEO, Mr. Len Lauer agreed that the F.E.T. is an improper charge because the regulation was repealed in 1965, and the repealing statute appeared in 1968. So the tax has been illegally collected since that time and CEO Len Lauer directed the Executive and Regulatory Analyst, Amy Shoenfeld to correct the illegal billing. I complied with her directions [ as she requested ] and supplied you with all that was needed to effect a credit directive to Sprint Billing as she informed me that you were the one to contact to execute on Mr. Lauer's decision.

3. Now that Sprint billing department did not credit neither my September bill nor my October bill, the total went from $172.87 to $175.13 credit. Mr. Franta, I now demand that you issue a directive to Sprint billing to cease billing me for the F.E.T. each and every month hereafter. You may "credit" what Sprint currently owes me [ against other phone charges ] for the prior tax I paid in error and as a consequence of Fraud in its misrepresentation as a valid tax. . Or you can issue me a check in the amount of $175.13 before the next billing cycle of Nov. 22, 2004 comes due.

4. Failing to do so, I will apply the credit of $175.13 to each monthly bill from Sprint until the credit is reduced to $-0-. That means that my approximate bill of 43 dollars per month will not be paid as it will be deducted from the credit due me.. I expect this will take near 4 to 5 months where Sprint billing will not receive any money from me. If the F.E.T still appears on the bill that too will be added to the credit to be deducted. As I stated to you in my September 29th letter I expect Sprint billing to remove the F.E.T. from my billing without jumping through your hoops. After all, it is an illegal tax that is extorted from me, at the present time.

5. In my last billing from Sprint it included a Notice titled "Concerning the Disconnection of Local Telephone Service for the Nonpayment of Charges." It says the North Carolina PUC will not allow phone disconnection once a dispute is lodged with any utility. Since my on going dispute has never been settled by any court and this F.E.T. now has come back into dispute due to your inaction. Be advised I will file a legal action for " Improper and illegal charges " if the credit due is not passed on to me immediately. Take note that this credit emanates from the President and CEO of SPRINT, himself. That is law Mr. Franta and is known as Qui facit per alium facit per se, Ballentine's Law 3rd Ed page 1042. You failed to execute on the agreement that would eliminate the F.E.T. from my bill and issue a credit.

6. The Attorney General of North Carolina and the Department of criminal Justice of the United States and those cc'd, have been notified as well.

7. If complete compliance with my demands in this Notice and Demand before November 22, 2004, or a response from you that my demands have been complied with then I will presume you are in administrative default per my demands for REFUND and I will have no other remedy than to proceed legally against you, Mr. Lauer, Sprint billing head, and Amy Shoenfeld. I will seek illegally collected taxes from 1965 and will post this lawsuit on the Nationwide Web for all Sprint customers to do with as they wish. Since this tax is patently illegal on its face; absent any authorizing statute, no implementing regulation, no Form as stated in the former law, no OMB number assigned to any collection Form, etc., etc., this tax is a FRAUD and an Extortion "ripe" for a Nationwide Class Action remedy. Just re read the admissions of Mr. Len Laur's letter that I sent you as evidence on September 29, 2004

8. I anticipate a timely response to this NOTICE and DEMAND;

Sincerely

Albert Harry: coombs

CC: Len Lauer
Amy Shoenfeld
Roy Cooper
United States Department of Justice
Public Utilities Commission of North Carolina
Sprint Billing Department
Paul Burge