April 14, 2009                             Rick D. Patriot 
                                           Pigeon Forge, TN 37863
 IRS - Nashville  Disclosure  Office
Disclosure Office 8
MDP 44 Room 464
801 Broadway
Nashville, TN 37203

RE: Account Number _____________ used to identify and maintain your system of records.

Dear Sir:
This is a request under the FREEDOM OF INFORMATION ACT at 5 U.S.C. 552, PRIVACY ACT at 5 U.S.C. 552a and INTERNAL REVENUE CODE at 26 U.S.C. 6103 and 6110. This request does not fall under exception 26 U.S.C. 6103(e)(7). These documents are not sought for any commercial purposes. This is my firm promise to pay fees and costs for locating and duplicating the records requested below, ultimately determined in accordance with 26 CFR 601.702(f).
Understanding that most exemptions are discretionary, rather than mandatory, if for some reason you make the legal determination that any portion of this request to be exempt from release, please furnish the following: (1) those portions reasonably segregable after the exempt material is deleted; (b) ) detailed, Signed justification for your discretionary exemption, since the overriding objective of the FOIA is to maximize public access to agency records. Please provide your full legal name and employee number in your signed justification report. See IRM [1.3]13.7.1 (08-31-2000) Approach to Exemptions, and; (c) provide the name of the official and correct address to whom an administrative appeal should be addressed.
I am requesting copies of records in lieu of personal inspection of the requested records.
I am attesting under the penalty of perjury under the laws of the united States of America 28 U.S.C. 1746(1) and from without the "United States", that I am a category 5 CFR 294.103(d) requester. Pursuant to 5 U.S.C. 552(a)(6)(A)(i), you have no more than 20 days to respond to this request. No certification of records is required (see IRM 11.3.6).
Records Request In one fashion or another, I have received correspondence from or have otherwise had direct contact with each Internal Revenue Service officer or agent named below. Per FEDERAL CROP INSURANCE CORP. v. MERRILL ET AL., (1947) 332 U.S. 380; 68 S. Ct. 1; 92 L. Ed. 10, at 384, “Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority. The scope of this authority may be explicitly defined by Congress or be limited by delegated legislation, properly exercised through the rule-making power. And this is so even though, as here, the agent himself may have been unaware of the limitations upon his authority. See, e. g., Utah Power & Light Co. v. United States, 243 U.S. 389, 409; United States v. Stewart, 311 U.S. 60, 70, and see, generally, The Floyd Acceptances, 7 Wall. 666.” Therefore, I need to verify that IRS personnel named below are who they say they are and have authority they have exercised or are attempting are attempting to exercise. The request is for information regarding the following IRS personnel:

    1. Walter Matyczyk identified by the ID #62-11508, Revenue Agent. IF, this request has been sent to the wrong office, Please make certain that you forward it to the proper office[s] and notify me of same.
FOIA/Privacy Act (PA) Request, Page 1 of 2 Please provide true and correct copies of the following:
  1. Provide a copy of the appointment or promotion instrument that designates the precise title of IRS officer, agent or employee named above (“revenue officer”, “revenue agent”, “appeals officer”, “special agent”, etc.).
  2. If different than the appointment certificate, provide copies of documentation that includes the pocket commission number, including classification designation (Administrative or Enforcement) for each of the IRS officers, agents or employees named above.
  3. Provide a copy of the constitutional oath of office taken by officer, agent or employee named above, as required by Article VI, Paragraph 3 of the Constitution of the United States and 5 U.S.C. § 3331, taken at the time the officer or agent began working for the Internal Revenue Service (Form 61).
  4. Provide a copy of the properly executed civil commission of officer named above that verifies that he or she is a collection officer for the Government of the United States, as required by Article II § 3 of the Constitution of the United States and attending legislation (only officers, not employees, will have civil commissions required by Article II of the Constitution).
  5. Provide the personal affidavit in which officer, agent or employee named above declared that he or she did not pay for or otherwise make or promise consideration to secure the office (5 U.S.C. § 3332), assuming the affidavit is different than the Form 61 oath.
  6. Provide the personal surety bond of the principal appointed officer under whom each officer or agent named above works. If one of those named above is an appointed officer required to have a personal surety bond, provide a copy of his or her bond.
  7. Documentation that establishes the complete line of delegated authority for each IRS officer, agent or employee above, including all intermediaries such as the Assistant Commissioner (International), beginning with the President of the United States.
  8. Provide all IRC sections that authorize each officer by title, to perform any functions under Subtitle A or Subtitle C of the IRC.
  9. Any and all document(s) that include, identify, and describe past and present duty stations including room numbers, shop designations, or other identifying information regarding buildings or places of employment for IRS officer, agent or employee above. See 28 U.S.C. § 1737: “Any person to whose custody the bond of any officer of the United States has been committed shall, on proper request and payment of the fee allowed by any Act of Congress, furnish certified copies thereof, which shall be prima facie evidence in any court of the execution, filing and contents of the bond.”

In your agency's response to my request, please identify the record systems searched as well as the scope, depth and nature of the search for appropriate data. Should you decide this request has been sent to the wrong office, please make certain that you forward it to the proper office and notify me of same.

I understand the penalties provided in 5 U.S.C. 552(a)(i)(3) for requesting or obtaining access to records under false pretenses.

Respectfully submitted,

Richard J. Date
All rights reserved

Enclosure(s): Photocopy of Drivers License enclosed to provide proof of identification.