IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Val Patriot, )
Plaintiff, )
vs. ) CASE NO. 8:05
)
UNITED STATES OF AMERICA )
AND )
INTERNAL REVENUE SERVICE, ) Request for Production of Documents
Defendants. ) Admissions and Interregatories
To: Defendant (or his attorney)
A. Request for Production of Documents
Requestor, pursuant to Rule 34 FRCivP, request that you allow the inspection and copying of the following documents and other items at your office, on the thirtieth (30th) day after service of this upon you:
1. Each and every document, record and material you have or can obtain about requestor and his party.
2. Each and every document, record and material you have or can obtain about this action or pertaining to it.
3. Each and every document, record and material about or pertaining to this requestor and this action held of obtainable by your attorney and the firm or agency for which he works.
4. The documents of yours and your attorney are pertaining to the witnesses in this case or potential witnesses. This request is continuing in nature and applies to documents as describes above that hereafter are obtain by you.
Persons Likely to Have Discoverable Information
Pursuant to Rule 26(a)(1)(A) FRCivP, the following listed persons are likely to have discoverable information for obtaining the items listed above, as well as information to answers the admissions, interrogatories in the ensuing section.
M. Helden
2201 Cantu Ct.Su. 215
Sarasota, FL 34232
Re: Signed, unsigned Notice of Federal Tax Lien, Notice of Levy on Wages, Salary, and Other Income, correspondence.
Denise V. Traum
P. Salinger
IRS, Appeals Office
2203 N. Lois Ave.Su., 812
Tampa, FL 33607
Re: 6320 lien appeals, correspondence.
IRS
Memphis, TN >38101-0249
IRS Austin, TX 73301-0059
IRS
Atlanta, GA 39901-0025
IRS
Kansas City, MO 64999-0010
Re: Abatement 1999 taxes.
IRS
Cincinnati, OH 45999-0030
Re: Abatement 1999 taxes.
P.L. Moret
IRS Appeals Office
200 W. Adams St., Su. 600
Chicago, IL 60606
U.S. Tax Court
>Docket# 007846-02L
Jason W. Anderson
G.A. for IRS
200 W. Adams St., Su. 2300
Chicago,IL 60606
B. Admissions
Requestor, pursuant to Rule 36, FRCivP, request that above-designated person d make the following Admissions within thirty (30) days service of this request or within such shorter time as a Court may allow for the purpose of this action, admit or deny in writing to the following statements are true:
1. In motion to Tax Court IRS stated that tax year 1999 is no longer at issue or in controversy.
2. February 13, 2004 Tax Court granted above motion.
3. CDPH for 1999 levy was held in
4. On November 21, 2001 IRS issued first Notice of Deficiency.
5. Sixteen (16) days after CDPH was held.
6. First N.O.D. issued on November 21, 2001. Was as defined by IRC Section 6211.
7. On May 27, 2003. IRS issued a second Notice of Deficiency.
8. On May 29, 2003 IRS issued a second Notice of Deficiency.
9. Plaintiff, filed petition in Tax Court for 1999 year April 26, 2002.
10. Second N.O.D. issued in May 2003 was as defined by IRC Section 6211.
11. Tax and interest for 1999 year was abated by IRS on May 29, 2003.
12. Plaintiff was informed by IRS by mail about above abatement.
13. Tax and interest for 1999 year was abated by IRS on November 3, 2003.
14. Plaintiff was informed by IRS by mail about above abatement.
15. Statute of limitation expire after three (3) years per IRC Section 6501(a)
16. IRS suspended assessment for 1999 year for 150 days to September 12, 2003.
17. On September 18, 2003. IRS six (6) days after suspended (above) assessment expired, extended assessment to February 9, 2004.
18. On October 22, 2003 assessed by Quick assessment tax and interest, 14-days before abated all taxes and interest for same 1999 year on November 3, 2003.
19. 1999 W-2's is an -income.
20. 1999 W-2's is a record of wages as defined in IRC Sections 3401(a), 3121(a).
C. Interrogatories
Pursuant to Rule 33, FRCivP, Requestor requests that you answer the following Interrogatories within 30 days, separately, fully, in writing and under oath. As used herein, the term "identify" with reference to an individual means to furnish his name, job title, business address, present job description and relation to this action. With reference to a document, the term "identify" means state its nature, its date, its author and addressee, its description, its present location and custodian.
1. Identify all documents, records, tapes, etc. related in any way to this case.
2. Identify all persons, parties, witnesses, potential witnesses, involved any way in this case.
3. Identify all persons who assisted in responding to this discovery motion.
4. Was first N.O.D. issued after plaintiff CDPH?
5. Was second N.O.D. issued during the time the plaintiff was in Tax Court for the same year?
6. Was plaintiff’s case in Tax Court for 1999, between April 26, 2002 and February 9, 2004?
7. How plaintiff could petition a Tax Court in response to issuing second N.O.D.
8. Would be appropriate to issue a N.O.D. by IRS after February 9, 2004 ruling.
Executed on December_________, 2005.
________________________ Date:_____________________
Val Patriot
Plaintiff, pro per
24 Main Street
Northbeach, FL 22889
Certificate of Service
I do hereby certify that a copy of the foregoing Discovery was served on Defendant by mailing the same on _______ day of December, 2005. In postage paid and addressed as follows:
Brian R. Harris
Trial Attorney, Tax Division
U.S. Department of Justice
P.O.Box 14198
Ben Franklin Station
Washington, D.C. 20044