UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
John T. H. )
Plaintiff )
v. ) CASE NO: 1:08-xxxx
UNITED SATES OF AMERICA )
Defendant )
______________________________________)
Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure ("FRCP") Plaintiff, by counsel, request Defendants to produce the documents specified below, within thirty (30) days of service, to the following address:
Patriot Attorney, Esq.
Arlington , VA 22209-2004
or at such time and place, or in such manner, as may be mutually agreed upon by the parties.
INSTRUCTIONS AND DEFINITIONS
The following instructions apply to the Request for production of documents:
1. All requests herein include documents related to Plaintiff John T. H..
2. “Document(s)” means all materials within the full scope of Fed.R.Civ.P. 34.
3. All documents are to be divulged which are in the possession, custody or control of Defendant, their attorneys, investigators, agents, employees and other representatives.
4. When production of any document in Defendant’s possession is requested, such request includes documents subject to the Defendant's possession, custody or control. In the event that Defendant is able to provide only part of the document(s) called for in any particular Request for Production, provide all document(s) that Defendants are able to provide and state the reason, if any, for the inability to provide the remainder.
5. In producing the documents, all documents that are physically attached to each other shall be left so attached. Documents that are segregated or separated from other documents, whether by inclusion in binders, files, subfiles, or by use of dividers, tabs, or other methods, shall be left so segregated or separated. Documents shall be retained in the order in which they were maintained in the file where found.
6. Identify all responsive documents that have been lost, discarded, or destroyed. In so doing, state the type of document, its date, the approximate date it was lost, discarded, or destroyed, and the identity of each person having knowledge of the contents thereof.
7. These document requests are intended as continuing requests, requiring Defendant to respond by supplemental response setting forth any document within the scope of the document request as may be required by Defendant, its agents, attorneys or representatives following Defendant’s original response.
8. If any part of a document is responsive to any request, produce the whole document. If any requested document or thing cannot be produced in whole, produce it to the fullest extent possible.
9. Claims of Privilege: If any documents responsive to the request are withheld on the basis of privilege, or for any other reason, furnish a description of each document withheld, describing, for each document, the nature, form and format of the document, its subject matter, the date of the document, the name of the author or maker of the document, the name of each addressee, and the nature of the privilege claimed with respect to the document.
10. In the event that the response to any document request is “not applicable” or any similar phrase or answer, explain in detail why that document request is not applicable.
11. In the event that the response to any document request is “don’t know”, “unknown” or any similar phrase or answer, explain in detail all efforts made by the named party or its attorneys or representatives to obtain response to that document request.
DOCUMENTS TO BE PRODUCED
1. A copy of Plaintiff John T. H.’s IRS Individual Master File (IMF).
2. All non-privileged documents you intend to use at this trial. All documents or statements you intend to rely upon to make any allegation, assert any claim, or support its defense.
3. Copy of a witness list showing names, addresses, telephone numbers of any witness you intend to call at trial.
4. All statements or reports, including drafts, submitted by any expert witness or potential expert witness retained or consulted by Defendant with respect to the issues raised in this case.
5. All documents containing or referring to discussions and analyses leading to the making of any decision (by Defendant’s employees or agents) related to Plaintiff.
6. All copies of Plaintiff’s tax returns since 1996 to the present – along with any attachments, affidavits, and any information related to those tax years.
7. Backup tapes containing any electronic data related to any information on Plaintiff since 1996.
8. Backup tapes of any recorded phone conversations, or any other conversations, between Plaintiff and any of Defendant’s employees or agents since 1996.
9. Copy of the March 19, 2007 levy issued to the Social Security Administration.
10. Copy of the notices of intent to levy and right to a due process hearing issued on August 23, 2004 – as per the Declaration of Daniel Haber of August 8, 2008.
11. Copy of the notices of intent to levy and right to a due process hearing issued on December 26, 2005 – as per the Declaration of Daniel Haber of August 8, 2008.
12. Copy of the notices of intent to levy and right to a due process hearing issued on February 20, 2006 – as per the Declaration of Daniel Haber of August 8, 2008.
13. Copies of any certified mail receipts proving that proper CDPH or any other notices were sent to Plaintiff.
14. A printout record of the IRS’ Integrated Collections System on Plaintiff John T. H..
15. A list outlining the amount allegedly owed by Plaintiff for all tax years since 1996 until the present, date of the assessment for each tax year, for what amount, when they became first delinquent, and copies of tax returns filed by Plaintiff for these years.
16. Copies of all notices of intent to levy and right to a due process hearing supposedly sent to Plaintiff since 1996 until the present.
17. Copies of written notifications sent to Plaintiff informing him of an opportunity of an administrative review or a hearing.
18. Copies of all notices and demand for payment given to Plaintiff since year 1996 until the present.
19. The names, addresses and telephone numbers of each person that Defendant considers likely to have discoverable information, along with the subject of such information, that relate in any way to this case.
20. The following information concerning each of Defendant’s employees (and each of their supervisors) who have played any role in the examination process and preparation of the Notices of Levy that are at issue in this case.
a. Name
b. Employee Identification Number
c. Title
d. Business Address
e. Civil Service Rank
21. All correspondence, worksheets, writings, documents, memos and internal written communications sent between any employee or agents of Defendant or created by any IRS employee having to do in any way with Plaintiff or this case.
22. Copies of all correspondence between Plaintiff and the Internal Revenue Service or Defendants concerning all tax years since 1996 until the present.
23. All records, internal correspondence, memos, writings, forms, or documents of any kind pertaining to the IRS’s handling of Plaintiff’s tax returns since 1996.
24. All documents classified as “assessments”, if any, pertaining to Plaintiff for tax years 1996 until the present.
25. All assessment certificates that include Plaintiff’s name and identification number, the character of the tax, the applicable tax period, the date assessed and the signature of the assessment officer. See 26 CFR § 301.6203-1. There should be separate assessment certificates for tax principal, interest, and penalties for each calendar year.
26. Copies of the “record of assessment” (Form 23C) for each year since 1996 until most recent tax year signed by a duly appointed assessment officer to properly validate an assessment of a tax.
27. Names, employee identification numbers, business addresses, civil service ranks, titles and contact information for any persons who prepared or signed such “assessments.”
28. Copies of any documents proving that the penalties imposed on Plaintiff for all years since 1996 received supervisory approval in writing.
29. Present the criteria necessary for a levy to be legally enforceable, and how, in Plaintiff’s situation, these criteria were or were not met.
Respectfully submitted,
______________________________________ Date: October 7, 2008
Patriot Attorney
Arlington, VA 22209-2004
CERTIFICATE OF SERVICE
I hereby certify that on or about October 7, 2008 a true and correct copy of the foregoing document was served upon the following via the Court’s ECF filing Protocol:
Yonatan Gelblum, Esq.
Tax Division
Department of Justice
P. O. Box 227
Washington, DC 20044