THE UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

UNITED STATES OF AMERICA         ) Civil Action No.
                                 ) 05-CV-01234-ABC-DEF
Petitioner,                      ) 
                                 ) Affidavit in support   
                                 ) of Petitions to Quash
KENNETH R. PATRIOT,              ) 
                                 ) 
Respondent.                      )

Affiant, Kenneth R. Patriot, is competent to state to the matters included in this declaration, has knowledge of the facts, and hereby declares that to the best of Affiant’s knowledge, the statements made in this affidavit are true, correct, complete, and not meant to mislead.

1. In July 2005, I filed tax statements for tax years 200, 2001, 2002 whereby I clarified my Constitutional rights as guaranteed by the First, Fourth, and Fifth Amendment. I filed these Constitutional tax statements to protect my rights and because I feared prosecution by the IRS and other agencies. Their silence in failing to rebut the facts presented to them has put them in a Default position and all facts stated are now facts in evidence. My motions and petitions filed explained the basis of my decision to refuse to witness against myself.

2. The IRS has classified, labeled and identified me as a "Tax Protestor"(since the 1998 reform act “Non-Filer”) or some similar description.

Consequently, I have been selected for special handling, special procedures, and speeded-up investigations.

3. As a result of my filing Constitutional tax statements, the IRS has initiated a institutional commitment to pursue a criminal investigation against me, in accordance with their procedure required by MS9G-93 and its subsequent and regional manuals. In spite of the assertions in the affidavit of Agent R. Teague  attached to the government’s Motion to Show Cause, the IRS is totally committed only to bring a criminal charge against me. The affidavit and petition to enforce the summons issued in this case are incorrect, misleading, and/or false, for the following reasons:

a. Almost every word therein is either false or grossly misleading.

b. The statement as to this being a civil investigation is false because the revenue agent is requesting information beyond tax assessment information.

c. The IRS has abandoned its pursuit of civil tax determination, which the agent knows and has expressed in his actions and requests.

d. The purpose is not to determine whether Affiant has a tax liability because the IRS assumes that every breathing human being adult is a “Taxpayer” which is contrary to every Supreme Court case in the history of Tax cases.

e. The IRS, with access to Affiant’s records and records in possession for years in question, has already determined for themselves and not by the law that he is a "person required to file,” and does not need any more information.

4. The IRS through Summons actions almost always lead to criminal recommendation by their own information sources. MS 9G-93 is the institutional commitment to prosecute.

5. This attempt is therefore being used solely to waste this Courts time, circumnavigate the traditional grand jury process and try to intimidate Affiant into surrendering Fourth and Fifth Amendment rights without offering use immunity grant under 18 U.S.C. sec. 6001.

6. Affiant has not asserted any “blanket Fifth Amendment” protection, but rather has not been granted use immunity by DOJ so any testimony could be used as a link for prosecution against me.

7. The broad and encompassing request in the summons sought to be enforced in this case is highly indicative of the true direction of case. Many of the documents and material requested have no use whatsoever in a civil case. Bad-faith was part of summons under < Lasalle because 2-3 of the items on the summons attachment pages out of 30-plus items were the only items required in a civil collection.

8.The request of information in this case exceeds the documents needed in civil aspects of a case as to circumnavigate the role of the grand jury.  See Lasalle case. 

-Affiant reserves all rights.

Further Affiant sayeth Not.                                                                                          

                                                                                    ________________________
                                                                                       Kenneth R. Patriot 

Minnesota                                              )

                                                         ) ss                         

_________________ county                           )

I, ________________________________, a Notary Public for said County and State, do hereby certify that

     __________________________________  , personally appeared before me and signed the foregoing.  Witness

 my hand and seal this _______ day of ____________________, 2006          

I certify that on this date, copy of this pleading was sent properly to opposing counsel properly.

Date: _________________                             

KENNETH R. PATRIOT

___________________________

Respondent pro se