Freedom of Information Act Request
CERTIFIED MAIL # XXXX XXXX XXXX XXXX XXXX
March 6, 2016
From:
John Q Adams
124 East Main street
Quincy, MA [00014]
SSN: 415-93-2334
To:
IRS Ogden Campus Disclosure Office Attn: Director
P.O. Box 9941, Mail Stop 7000
Ogden, UT 84409
Purpose: Secure
copies identification and authority documents for IRS personnel
Authorities: 5 U.S.C. § 552; 26 CFR §§ 601.701 & 601.702; and 26 U.S.C. § 6103.
Dear Director:
This request for records is being submitted under authorities cited above. All documents, records and other
items fall into the category made available under 26 CFR § 601.701(a)(3); they are not of a nature
exempted under any category listed in 26 CFR § 601.701(b). The requested records pertain to Internal
Revenue Service personnel and fall within the scope of information that is authorized for disclosure by law
and the Office of Personnel Management.
Procedural Requirements, Declarations, Disclosure, etc
1.
This request is being submitted in accordance with 26 CFR § 601.702(c)(3)(ii) Therefore, portions or
this entire request may be forwarded from your office to whatever other IRS office has custody of the
items being requested. Response time will be governed by provisions of 26 CFR §§ 601.702(c)(7)-(9).
You must reply within ten business days from receipt of the request in your office, and in the event a
portion or the entire request is forwarded to another office, you will please provide me with written
notice; the receiving office will confirm receipt within ten days from the date received at that office.
On IRS written request, I will permit an additional 20 days to provide the requested documents even
though the regulation only requires ten and even though the records being requested are standard form
documents that, if they exist, are maintained in dedicated systems of records and should be easy to
locate.
2.
Records being requested are adequately described to be easily located. (26 CFR § 601.702(c)(3)(iv))
3.
I attest that I have a material interest in the records being requested so am exempt from 26 U.S.C. §
6103 restrictions. (26 CFR § 601.702(c)(3)(v))
4.
In order to positively identify myself, I am having my signature notarized by a notary public who is
commissioned by the state. (26 CFR § 601.702(c)(4)(ii)(c))
5.
Response may be made and records should be sent to me at the postal delivery address listed in the
heading of this request. (26 CFR § 601.702(c)(3)(vii))
6.
You have my firm promise, that upon your billing, I will pay the Internal Revenue Service a sum of up
to $250.00 for photocopying and other costs for location and reproduction of the requested records.
7.
I am classified in the category “other requesters” (26 CFR § 601.702(f)(3)(i)(E)), so
am subject to the billing schedule prescribed by 26 CFR § 601.702(f)(3)(ii)(E).
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Records Request
In one fashion or another, I have received correspondence from or have otherwise had direct contact with
each Internal Revenue Service officer or agent named below. Per FEDERAL CROP INSURANCE CORP.
v. MERRILL ET AL., (1947) 332 U.S. 380; 68 S. Ct. 1; 92 L. Ed. 10, at 384, “Whatever the form in which
the Government functions, anyone entering into an arrangement with the Government takes the risk of
having accurately ascertained that he who purports to act for the Government stays within the bounds of
his authority. The scope of this authority may be explicitly defined by Congress or be limited by
delegated legislation, properly exercised through the rule-making power. And this is so even though, as
here, the agent himself may have been unaware of the limitations upon his authority. See, e. g., Utah
Power & Light Co. v. United States, 243 U.S. 389, 409; United States v. Stewart, 311 U.S. 60, 70, and see,
generally, The Floyd Acceptances, 7 Wall. 666.” Therefore, I need to verify that IRS personnel named
below are who they say they are and have authority they have exercised or are attempting are attempting to
exercise.
The request is for information regarding the following IRS personnel:
1.
Scott Prentky (ID# Unknown), Field Director, Compliance Services
Please provide true and correct copies of the following:
1. Provide a copy of the appointment or promotion instrument that designates the precise title of this
IRS officer, agent or employee named above (“revenue officer”, “revenue agent”, “appeals
officer”, “special agent”, etc.).
2. If different than the appointment certificate, provide copies of documentation that includes the
pocket commission number, including classification designation (Administrative or
Enforcement) for this of the IRS officer, agent or employee named above.
3. Provide a copy of the constitutional oath of office taken by this officer, agent or employee named
above, as required by Article VI, Paragraph 3 of the Constitution of the United States and 5
U.S.C. § 3331, taken at the time the officer or agent began working for the Internal Revenue
Service (Form 61).
4. Provide a copy of the properly executed civil commission of this officer named above that verifies
that he or she is a collection officer for the Government of the United States, as required by
Article II § 3 of the Constitution of the United States and attending legislation (only officers, not
employees, will have civil commissions required by Article II of the Constitution).
5. Provide the personal affidavit in which this officer, agent or employee named above declared that
he or she did not pay for or otherwise make or promise consideration to secure the office (5
U.S.C. § 3332), assuming the affidavit is different than the Form 61 oath.
6. Provide the personal surety bond of the principal appointed officer under whom this officer or
agent named above works.1 If one of those named above is an appointed officer required to have
a personal surety bond, provide a copy of his or her bond.
7. Provide copies of the documentation that establishes the
complete line of delegated authority
to take collection actions or carry out property seizures, for this officer, agent or employee
named above, including all intermediaries such as the Assistant Commissioner (International).
8. Provide all IRC sections that authorize this officer by title, to perform any functions under
Subtitle A or Subtitle C of the IRC.
1
See 28 U.S.C. § 1737: “Any person to whose custody the bond of any officer of the United
States has been committed shall, on proper request and payment of the fee allowed by any Act of
Congress, furnish certified copies thereof, which shall be prima facie evidence in any court of the
execution, filing and contents of the bond.”
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Conclusion and Demand
Please comply with response time requirements prescribed by 26 CFR § 601.702. This matter is urgent,
and if possible, should receive priority treatment as my substantive rights are in peril and I have reason to
believe Internal Revenue Service personnel are engaged in criminal conduct under color of authority of
the United States. Per IRS one-step service policy, please forward this request to the post of duty where
any given officer or agent named above is located if he or she is not located at your office.
All Rights Reserved,
__________________________________________
Date: ____________________
J. Q. Adams
Cc:
FOIA Appeals
Internal Revenue Service
6377 Riverside Ave., Ste. 110
Riverside, CA 92506-3155
Notary Public
I certify that on the date set out below, John Q Adams, known to me, signed this Freedom of
Information Act request.
__________________________________
Notary Public
_________________________
Date
My commission expires _______________________________________ SEAL:
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