UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Tom Patriot, ) ) Plaintiff/Counterdefendant, ) ) v. ) CASE NO: 1:0xxx ) UNITED STATES, et al. ) ) Defendants/Counterplaintiffs. ) ____________________________________________)
Plaintiff, by undersigned counsel, provides the following responses to Defendant’s First Set of Interrogatories.
Plaintiff respectfully reserves the right to supplement any or all of the discovery responses contained herein should additional, potentially responsive information or materials become available. In reserving this right, however, Plaintiff does not admit that any response herein is incomplete or will require supplementation.
INTERROGATORY NO. 1: Please identify all persons with knowledge of facts relevant to this action, provide in detail the facts of which they have knowledge, and the job or position in which they obtained such knowledge.
Long Beach, California 90831-0300
provided advice on jurisdiction of the IRS.
SE Paralegal Services
Anderson, South Carolina 29621
SE Paralegal Services provided advice on CDPH and Excessive Deductions on SSA retirement checks.
St. Cloud, Florida 34772
Attorney at Law
Arlington, Virginia 22209-2004
INTERROGATORY NO. 2: Please describe (a) all contacts, including written correspondence, that you had with the Internal Revenue Service or its employees between September 1, 2000 and February 1, 2007, and for each such contact, please indicate (b) the date that each contact occurred and describe (c) the facts and circumstances surrounding each contact, including the subject matter of any conversation or correspondence, and (d) the name and any other identifying information (including location) of the Internal Revenue Service employee(s) involved in the contact.
Plaintiff did not contact the IRS during this period of time. Plaintiff’s attorney had forgotten that fact during the oral argument before the Court and was mistakenly under the impression that the communication between Plaintiff and the IRS was ongoing throughout.
However, the Social Security Administration (SSA) should have had Plaintiff’s address all along. The IRS could have easily gotten Plaintiff’s address from the SSA during any time period.
In February 2007, the IRS placed a notice on Plaintiff’s door and certainly knew his address at that time.
The forced sale of Plaintiff’s investment was in May 2007. The levies on Plaintiffs professional pay were in May 2007 and January 2008. These events took place AFTER the time when the IRS knew of Plaintiff’s residence.
Plaintiff’s Social Security benefits were levied between October 2006 and March 2007. The levy was re-instated in January 2008. In 2008, the IRS certainly knew of Plaintiff’s correct address.
INTERROGATORY NO. 3: Please list the address(es) that you listed for yourself on your (a) 1999 Form 1040 filed with the Internal Revenue Service (b) all other forms and written correspondence submitted to the Internal Revenue Service between September 1, 2000 and February 1, 2007, identifying the specific form or correspondence and the date you sent it to the Internal Revenue Service, (c) all changes of address requests that you submitted to the United States Postal Service between September 1, 2000 and February 1, 2007, indicating both old and new address(es) reported in such requests and the date submitted.
3(a) -- The last address on a 1999 Form 1040 was as follows:
Kennesaw, GA 30144
In October 2000, Plaintiff moved from the Kennesaw address to Tennessee.
3(b) -- There were no forms or correspondence sent to the IRS during this period of time. Please refer to the response of Interrogatory No. 2 for further explanation on this topic.
3(c) -- Plaintiff does not have copies of any change of address requests made with the post office. This period is approximately six and a half years. The last possible change of address form was filled out around May 2006. However, the Social Security Administration (SSA) should have had Plaintiff’s address all along. The IRS could have easily gotten Plaintiff’s address from the SSA during any time period.
INTERROGATORY NO. 4: Do you contend that you do not owe the taxes assessed against you by the Internal Revenue Service for 2000, 2001, and 2003? If your answer is other than an unqualified "no", describe (a) the amounts of base tax liability, prior to interest and penalties that you claim to have owed for each of those years (b) the manner in which you calculated this liability (c) the date(s) on which you filed any tax return with the Internal Revenue Service for the above liabilities.
Plaintiff does not believe that he is a taxpayer for 2000, 2001, and 2003.
INTERROGATORY NO. 5: List (a) all accountants, attorneys, and any professional authorized to represent taxpayers before the Internal Revenue Service whom you consulted between September 1, 2000 and February 1, 2007 in relation to your outstanding tax liabilities, and for each such person, (b) list the date(s) on which you consulted with them, (c) your reason(s) for consulting them, and (d) whether you formally retained their services and if so for how long.
Plaintiff did not consult with anyone described in Interrogatory No. 5 during that time period.
INTERROGATORY NO. 6: List all addresses at which you regularly checked mail or from which you had mail forwarded to you during the period September 1, 2000 through February 1, 2007, and for each address, state whether you (a) personally checked the mail received at the address or (b) had it forwarded to another address and the (c) dates during which you checked the mail at or had it forwarded to you from the address.
From September 1, 2000 until about August 2004, Plaintiff’s profession required of him to leave home and go on various assignments – for few weeks or a month at a time. While being away, his mail was collected for him by family members in a special box. Plaintiff would go through the mail upon his return home.
From August 2004 until February 1, 2007, Plaintiff was checking his mail personally.
When Plaintiff would move from one location to another, he would fill-out the proper form at the post office to forward his address. The address change was done during the month in which Plaintiff has moved – unless it is indicated below otherwise.
Following is a list of Plaintiff’s addresses in approximate date order:
A. Sept. 1, 2000 to Oct. 2000 Kennesaw, GA 30144
Address was forwarded to Collegedale in October 2000.
B.Oct. 2000 to September 2003
Collegedale, TN 37315
Plaintiff had his mail sent from this address to P.O. Box Ooltewah address around August or September 2003 when he discovered that his mail was being read by his wife during divorce proceedings. This address is still being used by some family members, i.e. Plaintiff’s ex-wife. Plaintiff has not checked the mail at this address since the summer of 2003.
C. Dec, 2000 to September 2003
Ooltewah, TN 37363
Plaintiff had his mail sent from this address to P.O. Box Ooltewah address when he discovered that his mail was being read by his wife during divorce proceedings. This address is still being used by some family members, i.e. Plaintiff’s ex-wife. Plaintiff has not checked the mail at this address since the summer of 2003.
D. Sept. 2003 to May 2004
Ooltewah, TN 37363
E. May 2004 to March 2005
Blytheville, AR 72315
F.May 2004 to March 2005
Blytheville, AR 72316
G.March 2005 to Feb. 2006
Beverly Hills, FL 34465
H. Oct. 2005 to Feb. 2006
Port St. Lucie, FL 34986
I. Feb. 2006 to May 2006
Ft. Pierce, FL 34982
J. May 2006 to present
St. Cloud, FL 34772
INTERROGATORY NO. 7: Quantify all items of damage that you claim in this action, including but not limited to your attorney fees, explain the manner in which you computed these amounts, and describe (a) whether you are entirely responsible for the payment of your attorneys fees in this litigation, (b) the rate at which you pay your attorney in this litigation, and (c) to the extent any other party is paying your attorney in that action, identify that party and amount of the fees for which it is responsible.
The following is an approximate list of damages:
• $256,500 in loss of income to date; calculated based on an average of $13,500 monthly X 19 months. This is due to IRS garnishment, resulting in the fact that the doctors who formerly employed me begun to give negative reports about me.
• $17,940 in loss of Social Security benefits calculated based on $1,100 X 6 months (from October 2006 to March 2007) plus $1,260 X 9 months (from January 2008 until the present).
• Loss of reputation that took thirty years to build. The value of this damage would be evaluated by the Court.
• $950 paid to attorney as of November 10, 2008.
• $350 court filing cost.
• $455 court cost for filing interlocutory appeal.
• $14,000 due to credit cards debt that Plaintiff has not been able to pay.
• $3,000 for medicines that Plaintiff could not afford. Plaintiff is seventy years old with diabetes, hypertension, and post open heart surgery.
• $9,000 for special services or products that Plaintiff had not been able to buy for his handicapped son due to IRS levies.
• $8,468 taken from the proceeds of the forced sale of Plaintiff’s stocks with Mellon.
• $13,700 plus levied from Plaintiff’s professional compensation from Osceola Anesthesia Associates.
• $5,646.00 sent by the Osceola Anesthesia Associates to the IRS in January 2008.
• In September 2006, In the Chancery Court of Tennessee Eleventh Judicial District at Chattanooga (Hines v. Hines, Case No. 03-0525), the Court ordered the diversion of $50,000 of Plaintiff’s property value to the IRS. In addition, Plaintiff was ordered to pay about $9,950 toward his ex-wife’s attorney fees – which he did not pay yet for lack of money. One reason behind Plaintiff’s contention with his wife leading to divorce was IRS-related issues.
• Plus reasonable interest.
• Attorney fees are computed at $500 per hour, and multiplied by the total amount of hours spent on this case, to be charged to the government at the conclusion of the case.
______________________________ Tom Patriot STATE OF FLORIDA COUNTY OF______________________ Sworn to (or affirmed) and subscribed before me this _______day of November, 2008, by _____________________________ (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known _________OR Produced Identification________________ Type of Identification Produced____________________________________
IT IS CERTIFIED that service of the foregoing Plaintiff’s Response to United States' First Set of Interrogatories has been mailed on or about the _______ day of November, 2008, by first class mail, postage prepaid addressed to:
Trial Attorney, Tax Division
U.S. Department of Justice
Post Office Box 227
Washington, DC 20044
Phone/Fax: (202) 305-3136/514-6866