This letter is in response to a third letter from the California FRANCHISE TAX BOARD. You may want to read it first.


From: Thomas Murrell Thornhill III
c/o Box 1755, U.S.P.S.
Nevada City, California, United States of America
No telephone service maintained.
April 7, 2000.

To: THE STATE OF CALIFORNIA
FRANCHISE TAX BOARD
GERALD H. GOLDBERG, EXECUTIVE OFFICER
9645 Butterfield Way
Sacramento, CA 95827

FORWARD AND ADDRESS CORRECTION REQUIRED.

Dear Mr. Goldberg:

ADMINISTRATIVE NOTICE OF DEMAND FOR ACCESS TO RECORDS
(per THE CIVIL CODE (2000), sections 1798, et seq.).

Declarant, ___________________________________________ a natural-born white Man, one of the People of the United States of America, and currently one of the People of the State of California; with all due Respect and in full Good Faith, does Declare and Affirm that:

February 24, 2000, I read in the Sacramento Bee that the Attorney General's Office was holding a pubic hearing that day at the State Resources Building in Sacramento for Public Comment upon the Attorney General's proposed adoption of regulations to implement the 1999 amendment to the Assault Weapons Bill of 1995. So, February 24, 2000, I travelled to Sacramento, found the State Resources Building, and spoke before the representatives of the Attorney General's Office assembled there.
Within about two weeks after that date, I had been delivered two letters, which I feel to be threatening and harassing, from one "R. Lubiens" purporting to be/represent the FRANCHISE TAX BOARD. Since I was exercising my Constitutionally protected right of Free Speech and my right to Petition government at that hearing, I would hope that there is no connection between the two events. However, if necessary, it would not be too difficult to determine if other speakers at that hearing were also having "tax difficulties".
Having caught THE STATE OF CALIFORNIA, THE DEPARTMENT OF PERSONNEL ADMINISTRATION stealing from my paycheck when I was a bona fide STATE OF CALIFORNIA employee in 1991-1992 and having that Fact affirmed by THE OFFICE OF ADMINISTRATIVE LAW in a Determination issued in 1998, I believe I have probable cause to be suspicious of any "coincidences" when dealing with any agency of THE STATE OF CALIFORNIA.

As a result of an unsatisfactory series of letters (attached and incorporated herein) which I have exchanged with said Purported employee of THE FRANCHISE TAX BOARD (hereafter FTB), one "R. Lubiens"/"R.LUBIENS"/"RDL"/"Roger Lubiens" (a person who seems to have neither the courtesy nor the self-respect to actually sign his/her own letters), it has become necessary under the principles of Due Diligence and Reasonable Cause for me to more rigorously inquire into the true nature of the Purported relationship between myself and THE FRANCHISE TAX BOARD.

Consequently, under the provisions of the California Information Practices Act (THE CIVIL CODE (2000), sections 1798, et seq.), I must require disclosure of the record(s) described below which is, or should be, maintained within, or under the control of, THE FRANCHISE TAX BOARD.
Please Forward this letter to the appropriate Disclosure Officer in your office for immediate action.

1.a. A True copy of each and every valid Document(s) which the California FTB relies upon to Prove that the FTB legally exists within the State of California.
1.b. A True copy of each and every valid Document(s) which the California FTB relies upon to Prove that the FTB legally exists within THE STATE OF CALIFORNIA.
1.c. Since 18 CCR, section 17000.30 does not list or imply a "Filing Compliance Bureau", a True copy of each and every valid Document(s) which the California FTB relies upon to Prove that the purported subagency "Filing Compliance Bureau" in Fact exists within the FTB.
1.d. A True copy of each and every valid Document(s) upon which the California FTB relies to Prove that this "R. Lubiens"/"R.LUBIENS"/"RDL"/"Roger Lubiens" is, in Fact, an employee/officer of the FTB.
1.e. A True copy of each and every valid Document(s) upon which the California FTB relies to Prove that this "R. Lubiens"/"R.LUBIENS"/"RDL"/"Roger Lubiens" is, in Fact, authorized to perform any action as, or on behalf of, THE FRANCHISE TAX BOARD.

Since the FTB, through the purported agency of said "R. Lubiens"/"R.LUBIENS"/"RDL"/"Roger Lubiens", has repeatedly, consistently, and persistently maintained, and expects to benefit from the position that the entity "THOMAS M THORNHILL III" is a taxpayer, I must require disclosure of:

2.a. A True copy of each and every Document(s) which the California FTB claims to constitute an "invalid" return for the entity "THOMAS M THORHILL III" for the Tax Year 1997.
2.b. A True copy of each and every law, Statute, regulation, or rule which the California FTB claims authorizes the creation and/or use of the California Form 540.

3.a. A True copy of each and every valid Document(s) which the California FTB relies upon to Prove the original legal genesis/creation/existence of the entity "THOMAS M THORNHILL III".
3.b. A True copy of each and every valid Document(s) which the California FTB relies upon to Prove that the entity "THOMAS M THORNHILL III" is, in fact, a taxpayer.
3.c. A True copy of each and every valid Document(s) which the California FTB relies upon to establish which "State" (as defied in THE REVENUE AND TAXATION CODE (2000), section 17018: "State" includes the District of Columbia, and the possessions of the United States. Note: The original Statute, Stats 1955, c. 939, Vol 1., p. 1656 read: "17018. "State" includes the Territories of Alaska and Hawaii, the District of Columbia, and the possessions of the United States.") the FTB Purports the entity "THOMAS M THORNHILL III" to be legally domiciled within.
3.d. A True copy of each and every valid Document(s) which the California FTB relies upon to Prove that the entity "THOMAS M THORNHILL III" is, in fact, engaged in any revenue taxable activity in this "State" (as defied in THE REVENUE AND TAXATION CODE (2000), section 17018.).
3.e. A True copy of each and every valid Document(s) which the California FTB relies upon to Prove that the entity "THOMAS M THORNHILL III" is, in fact, a United States offficer/employee resident within this "State" (as defied in THE REVENUE AND TAXATION CODE (2000), section 17018.).
3.f. A True copy of each and every valid Document(s) which the California FTB relies upon to Prove that the entity "THOMAS M THORNHILL III" is, in fact, a State of California officer/employee resident within this "State" (as defied in THE REVENUE AND TAXATION CODE (2000), section 17018.).
3.g. A True copy of each and every valid Document(s) which the California FTB relies upon to Prove that the entity "THOMAS M THORNHILL III" is, in fact, an officer of any United States or State of California corporation chartered within this "State" (as defied in THE REVENUE AND TAXATION CODE (2000), section 17018.).
3.h. A True copy of each and every valid taxing Assessment made by THE FRANCHISE TAX BOARD against the entity "THOMAS M THORHILL III" for each "tax year" 1979 through 1999 inclusive.

4.a. I further require a True copy of each and every valid Document(s) which constitutes the IRS "Individual Master File" (IMF) and/or the FTB equivalent (by whatever name/label/style the FTB maintains it) under the name of "THOMAS M THORNHILL III" and/or under the number "[deleted]" for each "tax year" 1979 through 1999 inclusive.
4.b. I require a True copy of each and every valid Document(s) which constitute(s) sufficient of the FTB manual(s)/table(s)/chart(s)/ so that I, as an average layman, may decode and interpret the IMF/FTB equivalent and arrive at the exact same interpretation as has the FTB.

5. In the event that any required Document(s) does not exist, I require an Official Admission of that Fact for each such Document(s).
If the FTB cannot/will not deliver the Document(s) referred to above in a timely manner, I am entitled to the Presumption that the FTB does not possess said Document(s).

6. I make a firm promise to pay the reasonable costs, not to exceed the cost of ten cents ($0.10) per page unless actually raised by a valid statute, and not to exceed the cumulative sum of twenty dollars ($20), of duplicating the above-mentioned document(s).
I temporarily waive, but ultimately Reserve, the Right to the physical inspection of these records at your business address and require that you deliver said copies by mail to the mailing location properly indicated above.
If you anticipate exceeding the limit of $20.00, please send that portion which you have developed and I will consider obtaining the balance of the materials later.
If any portion of this requirement is, or is claimed to be, exempt from disclosure, please deliver those nonexempt portions which are reasonably segregatable.

7. According to Information Practices Act (The Civil Code, sections 1798, et seq.), you are allowed a maximum of sixty (60) calendar days to complete this task.

9. I Declare that I have a lawful and legitimate interest in the records referenced above and that this is my signature subscribed below.

Verified by my hand, this Day, the ______________ day of___________________ in the year of Our Lord, two thousand, in____________________________city, ______________________county, _______________________state, United States of America.

Signature: _______________________________________

Thomas Murrell Thornhill III


END

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