INSTRUCTIONS:

You can send a variation of this letter to your third party financial record keepers informing them that you have filed an appeal in a 7609 lawsuit. This will encourage them not to surrender your private records to a despotic, unconstitutional bureaucracy.

However, only the filing and service of the petition will actually stop the relinquishment of your privacy. This letter is helpful, but it is not a stay under the law.

Change this letter to fit your personal particulars. 

______________________________________________________________________
TO: EVIL BANK					FROM: T. GREAT ONE
666 WICKED WAY					1776 TEA PARTY WAY
HELLTOWN, USA					FREETOWN, USA 12345

RE: Great One vs. US and The Evil Bank, et al. Docket #:___________________

Gentlemen:

I understand you may have received notification from the IRS or the DOJ that the local court has dismissed my lawsuit against the production of my personal records to the IRS. However, you cannot turn over these records because I have filed an appeal to the Circuit Court of Appeals.

When the judges on the Court of Appeals order you to turn over the records, then you may safely do so. When you have a final court order, you can give my personal information to the administrative agency without being in danger of a lawsuit by me for damages for violation of my privacy rights or your privacy policies.

IRC § 7609 provides that you cannot turn over my records if I file suit until the final order of the appropriate court. Since I filed my Petition to Quash within the time period, we now have an automatic stay, whereby the production of my private financial records would be a violation of Federal law. I am sure that you do not wish to be the target of a lawsuit for violation of important Federal privacy statutes.

IRS Agent I Really Smells on April 15, served you with a 7609 bank summons to require you to surrender to them your documents and receipts that you have pertaining to me, pursuant to IRC § 7609. However, I received an automatic stay when I filed in federal court.

In the case of Reisman vs. Caplin 375 US 440, 84 S Ct 508 (1964) the US Supreme Court, in a fact situation almost identical to this, ruled:

  1. The witness (i.e. you) can appear and interpose a good faith challenge to the summons.

  2. The IRS can then seek a court order – which you must obey.

  3. The IRS has no authority or ability to punish you should you challenge the summons.

  4. You can legally refuse to produce the records, and demand a court order.

In conclusion, I expect you to respect my privacy, follow your own privacy policy, and honor my request in this letter.

Yours,

_____________________________

Date:______________________