Re: This is a Request for records under the Freedom of Information Act at 5 USC 522.
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- Alaina Robbins
- 5 years ago
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3 To: Internal Revenue Service Disclosure Scanning Operation 2385 Chamblee Tucker Road Stop 93A Chamblee, GA I hereby give you notice that you must file this letter as a permanent part of my IRS/TDA/AIMS/IMF/SRA (23C) record, even if someone has deleted or substituted such record(s). Agent s Initials: Re: This is a Request for records under the Freedom of Information Act at 5 USC 522. Identity Proof: Driver License Effective Date: October 8, 2010 Pertinent Account Number: Pertinent Years: Requestor Name: Requestor Mailing Address: Starting Year: 2000 Robert Allen McNeil Case Number: F Ending Year: 4400 Memorial Dr. #1200 Houston, Texas Near To Whom It May Concern: 1. Authority. I make this Request in accordance with the provisions of 5 USC (United States Code) 552, 26 CFR (Code of Federal Regulations), , and 26 CFR Requestor. a. I am the Requestor identified above as Requestor Name. b. I receive mail at the location identified above as Requestor Mailing Address. c. I am a bona fide non-commercial requestor as described at 26 CFR, (f)(3)(i)(E), and I have a lawful and legitimate interest in the requested Record(s). d. The fact that I must refer to code and regulations that claim to apply to a "taxpayer" does not constitute an admission that I am a "taxpayer"; I specifically deny that I am a taxpayer for revenue purposes as defined in 26 USC. 3. Your Obligation. a. 5 USC 552 requires you satisfactorily to complete the search for records identified in this Request and to deliver the requested Record(s) within twenty (20) business days after receipt of this Request. I expect you to act accordingly. b. 26 USCA 6203 requires you to fulfill this obligation: "Upon request of the taxpayer, the Secretary shall furnish the taxpayer a copy of the record of the assessment." Freedom of Information Act Request for IRS Records Page 1 of 4
4 c. 26 CFR requires you to fulfill this obligation: "If the taxpayer requests a copy of the record of assessment, he shall be furnished a copy of the pertinent parts of the assessment which set forth the name of the taxpayer, the date of assessment, the character of the liability assessed, the taxable period, if applicable, and the amounts assessed." 4. Payment of Costs. a. I hereby firmly promise to pay reasonable fees not exceeding fifty ($50.00) dollars, for search and duplication/copying services legitimately exceeding the statutory two (2) hours and one hundred (100) pages required to be provided without charge in accordance with 26 CFR, (f)(3)(ii)(E). b. Should you reach the limit(s) of either two (2) hours or 100 pages, please stop and deliver those Record(s) by mail. c. I request that you waive any costs because use of these records will improve relations between the public and the government. d. Please notify me of the cost if it exceeds the above limit. 5. Exempt Records. a. If the Internal Revenue Service should claim any Record(s) covered by this Request have whole or partial status as "exempt from release", you must itemize each such Record(s) and disclose the specific claimed authority and the specific facts which support that claim for each and every such claimed exemption. b. For each and every Record(s) which the Internal Revenue Service claims does not exist, I request that you complete and deliver your signed statement to that effect, indicating specifically which document(s) do not exist. 6. My Request. a. I Request that you timely deliver to me, the Requestor, via properly labeled mail sent to my Requestor Mailing Address, all Record(s), or portions thereof, which can be reasonably segregated from any claimed "exempt" portions. b. PLEASE EXPEDITE THIS REQUEST. 7. Inspection. I temporarily waive, but ultimately Reserve, the Right of actual physical inspection of all Record(s) maintained at said location. 8. Delivery Medium. Please deliver the requested records on both of the following: a. Printed hard copy (paper) b. Scanned images of the records on the minimum necessary number of CD or DVD ROM disks. Images should be in.pdf (P,.GIF,.JPG,.PNG, or.tiff file format. PDF 9. Pertinent Years. This Request pertains to the range of years, inclusive, given at the beginning of this letter: 10. Account Number. This Request pertains to my Account Number (SSN) given at the beginning of this letter: 11. System of Records. In order to locate the requested records, please examine the following systems of records: a. Treasury/IRS , Individual Master File (IMF), MCC TRANSCRIPT- SPECIFIC. b. Treasury/IRS , Individual Master File (IMF), MCC TRANSCRIPT- COMPLETE. c. Treasury/IRS , Debtor Master File (DMF). Freedom of Information Act Request for IRS Records Page 2 of 4
5 d. Official Internal Revenue Service Non Master File (NMF). e. Each and every other system of records available to the Disclosure Officer. 12. Requested Records. I hereby request that you deliver to me on the requested Delivery Medium one true, complete, accurate, legible copy for the Pertinent Years of each and every one of the following valid, lawfully created records which bears or refers to my name, account number, signature, or other information that identifies or refers to me: a. All documents maintained in the system of records identified as Individual Master File (IMF) Specific b. All documents maintained in the system of records identified as Individual Master File Complete c. The IMF MCC Transcript on all Penalty modules including but not limited to PINTEX, CSED, and MFT 55 modules. d. The NMF transcripts. e. The IMF Transcript LITERAL (IMFOLT). f. The TAXMODA and ENMOD. g. The PRIVACY ACT TRANSCRIPT h. Every valid FORM 23-C Assessment Certificate ("Summary Record of Assessment") lawfully created and all "pertinent parts of the assessment which set forth the name of the taxpayer, the character of the liability assessed, the taxable period, if applicable, and the amounts assessed" that bears the assessor s true signature and indicates that the assessor signed it under penalty of perjury. i. Every valid FORM j. A certified copy of every Substitute for Return (SFR), including the true name, ID number, and contact information for the person who made the SFR under 26 USC k. Every Record showing a JUDGMENT or an ABSTRACT OF JUDGMENT against me from any court of competent jurisdiction. l. Every purported Lien showing the full and true: i. Contents of and all attachments to said Lien; and ii. Physical location where said Lien is lawfully recorded; and iii. Mailing address where said Lien is lawfully recorded; and iv. Claimed written delegation of authority to record said Lien. 13. Failure to Deliver Constitutes Fraud and Estoppel by Default a. Each Requested Record(s) not actually delivered in accordance with the above recitals, or substituted with a valid, written explanation of exemption, constitutes willful and knowing misconduct by the Disclosure Officer. b. Silence is a fraud and creates estoppel by acquiescence, particularly when the Oath of Office to "support and defend the Constitution of the United States against all enemies, foreign and domestic", creates a legal and a moral duty to speak. Accordingly, if you fail to produce the Requested Records, estoppel justifies the presumption that they do not exist and never did exist. See U.S. v. Tweel, 550 F.2d 297, 299 (1977) quoting U.S. v. Prudden, 424 F.2d 1021, 1032 (1970); Carmine v. Bowen, 64 A. 932 (1906). c. Failure to deliver the Requested Records which actually do exist constitutes fraud and violates 18 USC 1361 and 18 USC 1346: Freedom of Information Act Request for IRS Records Page 3 of 4
6 i. Section 1341: Whoever, having devised... any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises,... for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service,...shall be fined under this title or imprisoned not more than five years, or both. ii. Section 1346: For the purposes of this chapter, the term "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services. 14. IRS Personnel Name and Signature Required on All Communications a. In case CV , styled Diversified Metal Products, Inc. v. T-Bow Company Trust, Internal Revenue Service (IRS), and Steve Morgan, filed in the District Court of the Seventh Judicial District of the State of Idaho, the Booneville County Magistrates Court, Idaho Falls, Idaho, attorney John M. Ohman filed an impleader petition, stipulating: "Defendant Internal Revenue Service (IRS) is an agency of the United States Government." b. In her January 24, 2000 response, U.S. Attorney Betty H. Richardson corrected Ohman's averment, writing: "Denies that the Internal Revenue Service is an agency of the United States Government but admits that the United States of America would be a proper party to this action." c. The IRS is not a U.S. Government agency because Congress did not create it. d. IRS agents, impersonating US agents, use pseudonyms to evade prosecution for the many crimes they commit under color of law. e. Accordingly, I shall not respond to any IRS correspondence which fails to bear the sender s lawful name and signature, and I hereby request that you apply your lawful name and signature to any correspondence you send me. 15. I understand the penalties provided in 5 USC 552a(i)(3) for requesting or obtaining access to records under false pretenses. I hereby certify, in accordance with the Law of the united states of America, and as of the above Effective Date, that I have read the foregoing document, that it is true, complete, and correct, that I am the above named Requester, and that I have written my lawful signature below. Executed Without Prejudice by (Requester Signature) Freedom of Information Act Request for IRS Records Page 4 of 4
7 Robert A. McNeil 4400 Memorial Dr. #1200 Houston, Texas Near Internal Revenue Service Disclosure Scanning Operation 2385 Chamblee Tucker Road Stop 93A Chamblee, GA Near 30341
Re: This is a Request for records under the Freedom of Information Act at 5 USC 522.
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