West Virginia Record

Thursday, April 9, 2020

Man sues IRS for tax withholdings

Federal Court

By Kyla Asbury | Mar 20, 2020

Irs

CHARLESTON — A South Charleston man is suing the IRS after he claims his tax withholdings from his paychecks are wrong.

Ali Dabiri II filed the lawsuit in U.S. District Court for the Southern District of West Virginia on March 9, alleged the IRS is violating several sections of the U.S. Constitution by taking out more taxes than it should've for the last three years.

Dabiri claims he is paying into Social Security and Medicare double what he is supposed to.

"I do not have a contract with the defendant to deduct any wages," he writes in his complaint. "My employer, due to vague IRS publications, are deducting against my assessment/wills/rights to my property. The IRS is keeping the forced money in error."

The plaintiff wants a Notice of Federal Tax Lien that was recorded locally to be removed, according to the suit.

Dabiri also argues that he has not been found guilty at any time for delinquent taxes, according to the suit.

Dabiri claims the IRS violated the several statutes in the U.S. Constitution, including ones involving civil damages for unauthorized collections, blackmail, income tax collections, civil actions by persons other than taxpayers, civil actions for refunds and the authority to make credits or refunds. He claims the IRS violated his rights from several different IRS locations in the country.

Dabiri wants the IRS to stop withholding his money and to refund him.

Dabiri is seeking a refund of all payments made to the IRS for tax years 2017, 2018 and 2019 for a total of $13,377.76. He is also seeking additional penalties and fines that can be decided by a judge and injunctive relief for future withholding of earnings. In the complaint, Dabiri noted that he was undecided regarding an attorney, but listed an attorney named William Quantrill.

U.S. District Court for the Southern District of West Virginia case number: 2:20-cv-00172

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U.S. District Court for the Southern District of West Virginia Charleston Division