1776 Patriot Way
Dahlonega, USA

February 28, 2007

BB&T
60 West Main Street
Dahlonega, Georgia 30533

RE: Harry Patriot v. United States of America, et al
Docket # 2:06-cv-00103-XXX

Gentlemen:

I understand you may have received notification from the Internal Revenue Service or the Department of Justice 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, David W. Rich on May 3, 2006, 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 v. 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. Thank you.

Sincerely,

Harry Patriot