UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA 

Harold Patriot,                         )
Sherrie Patriot,                        )        
          Plaintiffs/Counterdefendants, )
v.                                      )           CIVIL CASE NO: 1:08-xx-00849
UNITED STATES,                          )
          Defendant/Counterclaimants.   )                                    
___________________________________

PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure ("FRCP") Plaintiffs, by counsel, request Defendants to produce the documents specified below, within thirty (30) days of service, to the following address:

Patriot Lawyer, Esq.

Cary, NC 27518

INSTRUCTIONS AND DEFINITIONS

The following instructions apply to the Request for production of documents:

  1. All requests herein include documents related to Plaintiffs Harold and Sherrie Patriot. “Document(s)” means all materials within the full scope of Fed.R.Civ.P. 34.
  2. 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.
  3. 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.
  4. 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.
  5. If any part of a document is responsive to any request, produce the whole document.
  6. 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.
  7. 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. Copies of any document proving that the Chief Counsel for the Internal Revenue Service (IRS) requested or authorized the counterclaim against Plaintiffs.
  2. Copies of any document proving that the Attorney General of the United States requested or authorized the counterclaim against Plaintiffs Harold D. Long and Sherrie K. Long.
  3. Copies of any documents that the IRS Commissioner relied upon to assess the taxes, penalties, and interests against Plaintiffs Harold D. Long and Sherrie K. Long.
  4. Copies of all notice and demand sent to Plaintiffs Harold D. Long and Sherrie K. Long.
  5. Copies of any certified mailing receipts proving that proper CDPH and any notices or letters were sent to Plaintiffs Harold D. Long and Sherrie K. Long.
  6. An invoice hand-signed by an authorized IRS officer under the penalty of perjury and under full commercial liability for the amount of $51,629.60 (as of July 7, 2008) for years 1992, 1994, and 1995 allegedly owed by Harold D. Long – as stated in the counterclaim.
  7. An invoice hand-signed by an authorized IRS officer under the penalty of perjury and under full commercial liability for the amount of $6,941.05 (as of July 7, 2008) for years 1991, 1992, 1993, 1994, 1995, and 1996 allegedly owed by Harold D. Long for frivolous return penalties – as stated in the counterclaim.
  8. An invoice hand-signed by an authorized IRS officer under the penalty of perjury and under full commercial liability for the amount of $4,985.40 (as of July 7, 2008) for years 1991, 1992, 1993, 1994, and 1995 allegedly owed by Sherrie K. Long for frivolous return penalties – as stated in the counterclaim.
  9. Copies of the 1991, 1992, 1993, 1994, 1995, and 1996 returns of Harold D. Long that were assessed frivolous return penalties.
  10.  Copies of the 1991, 1992, 1993, 1994, and 1995 returns of Sherrie K. Long that were assessed frivolous return penalties.
  11. Copies of any documents proving that interest and penalties against Plaintiffs received supervisory approvals.
  12.  All documents classified as “assessments”, if any, pertaining to Plaintiffs for tax years 1991 until 1996.
  13.  All assessment certificates that include Plaintiffs’ names and identification numbers, 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 for 1991 until 1996.
  14.  Names, employee identification numbers, business addresses, rank, titles and contact information for any persons who prepared or signed such “assessments.”
  15.  Copies of all information returns used by Defendants to calculate the taxes allegedly owed by Plaintiffs?
  16.  Copies of written notifications sent to Plaintiffs within five days after the day of filing of notices of tax liens.
  17.  Copies of written notifications sent to Plaintiffs informing them of an opportunity for an administrative review or a hearing.
  18.  All non-privileged documents or statements you intend to rely upon to make any allegation, assert any claim, or support its defense.
  19.  Copy of a witness list showing names, addresses, telephone numbers of any witness you intend to call at trial.
  20.  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.
  21.  All documents containing or referring to discussions and analyses leading to the making of any decision (by Defendant’s employees or agents) related to Plaintiffs’ case or Plaintiffs’ federal taxes.
  22.  All correspondence, worksheets, writings, documents, memos and internal written communications sent between any employee or agents of Respondent or created by any IRS employee having to do in any way with Petitioners or this case.
  23.  All records, internal correspondence, memos, writings, forms, or documents of any kind pertaining to the IRS’s handling of petitioners’ tax returns since 1985.
  24.  Provide copies of all notices of penalty as per 26 USC 6751(a).

CERTIFICATE OF SERVICE

IT IS CERTIFIED that service of the foregoing Plaintiffs’ request for production of documents has been mailed on or about the 7th day of July, 2009, by first class mail, postage prepaid addressed to:

Benjamin J. Weir, Esq.

Tax Division

Department of Justice

Respectfully submitted,

_____________________________________

Patriot Lawyer, Esq.

Cary, NC 27518