UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Plaintiff ) CASE NO.)vs. ))UNITED STATES, N. KLEINHANS, ) PETITION TO QUASH INTERNAL VERIZON, INC ) REVENUE SUMMONS, AND FOR ) INJUNCTIVE RELIEF. )Defendants. ))

JURISDICTION

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §1331, 26 U.S.C. §7609, and the First Amendment of the U.S. Constitution.

VENUE

2. Venue is proper in this Court since both the plaintiff and all defendants are located within this district.

PARTIES

3. Defendant United States is a government entity.

4. Defendant KLEINHANS is an employee/agent of defendant United States, employed by the Internal Revenue Service (IRS). He is sued in his individual capacity.

5. Defendant VERIZON is a wireless telecommunication company doing business within this district.

CASE NO. 2

FIRST CAUSE OF ACTION
(Quash Summons)

6. On May 11, 2006, defendant United States, via defendant Kleinhans, issued a third-party summons to the Verizon phone company, and mailed a copy of the summons to Verizon shortly thereafter.

7. On or about May 11, 2006, defendant Kleinhans mailed notice of the summons to plaintiff, along with a copy of the summons. A true and correct copy of the document is attached as Exhibit A.

8. Plaintiff is not any employee of Verizon, and receives no payments whatever from them.

9. The summons seeks the following information defendant Verizon may have regarding plaintiff: any and all phone service application information; the numbers and locations of all phones; records of all calls made or received by plaintiff, including the names and addresses of all callers; copies of any checks paid to Verizon.

10. The summons was not issued for any purpose excepted from proceedings to quash outlined in 26 U.S.C. §7609(c).

11. In view of the items sought, the summons, on its face, was not issued for any legitimate purpose authorized under 26 U.S.C. §7602.

12. The summons was not properly served on Verizon, as required by 26 U.S.C. §7603. M ailing is not an authorized form of service on a third-party.

13. The summons should be quashed as unauthorized, and improperly served.

SECOND CAUSE OF ACTION
(Injunctive Relief Against Defendant Kleinhans Under First Amendment)

14. The preceding paragraphs are incorporated herein.

15. The items being sought by the summons on their face indicate defendant Kleinhans did not issues the summons for any legitimate purpose allowed under §7602. The items sought do not relate to any income items, and would have noting to do with determining or collecting any potential tax liability.

CASE NO. 3

16. Defendant Kleinhans is not a criminal investigator, has no criminal investigation authority, and is not conducting any criminal investigation, as allowed under §7602.

17. Rather, the summons was issued in order to illegally collect information regarding how and when plaintiff exercises his ‘Association’ rights protected under the First Amendment. Defendant further seeks to use any information collected to harass plaintiff and those with whom he associates, and attempt to ‘chill’ any such associations.

18. Plaintiff’s association rights will be irreparably ‘chilled’ and injured if defendant is not enjoined from his attempted action.

REQUEST FOR RELIEF

WHEREFORE, plaintiff requests that the Court issues the following relief:

1. An Order quashing the summons issued by the government defendants to defendant Verizon, and directing Verizon not to disclose any records;

2. Issue a permanent injunction against defendant Kleinhans from collecting the information that is currently sought, and from attempting to collect any similar information in the future;

3. Costs of this action, and any other costs/fees the Court deems appropriate.

Date: May __ , 2006

Submitted by,

_________________________________
Thomas R. Patriot