Help in understanding California taxation practices - Discovery.

After being granted an oral hearing by the FRANCHISE TAX BOARD, I commenced Discovery: information I want to know before the oral hearing.
Admissions are effectively stipulations of facts.
[The Iwuchukwu person ignored this letter and denied receiving it. Big surprise, but the paper trail is still there; I send things like this via Certified Mail, Return Receipt Requested.]


From: Thomas Murrell Thornhill III
c/o Box 1755, U.S.P.S.
Nevada City, California, united states of America.
No telephone service maintained.
October 19, 2000

To: THE STATE OF CALIFORNIA
FRANCHISE TAX BOARD
P.O. BOX 1673
Attn: 343:CNI MS: D-712
SACRAMENTO CA 95812-1673

NOTICE OF REQUEST FOR ADMISSIONS AND REQUEST FOR ADMISSIONS.

RE: FTB case number 2580119270088816

Dear Miss/Ms./Mrs. Iwuchukwu:

1. Please take Notice that this is a timely and legally sufficient REQUEST FOR ADMISSIONS submitted as a proper part of my Discovery process as I claimed in my NOTICE of REQUEST FOR DISCOVERY and REQUEST FOR DISCOVERY, dated October 18, 2000.
Please immediately Forward this to the appropriate authorized legal representative for the FRANCHISE TAX BOARD in this case for timely answers to be delivered to me by mail on or before October 29, 2000.

2. This case citation is submitted to supplement my NOTICE of REQUEST FOR DISCOVERY and REQUEST FOR DISCOVERY. It logically should go between paragraphs 3 and 4 of said document.

The right of a citizen to inspect public writings has its origin in the common law. In State v. McGrath, 104 Mont. [67 P.2d 838, 841], the common law rule is stated thusly: "At common law every person was entitled to the inspection, either personally or by his agent, of public records, including legislative, executive, and judicial records, provided he had an interest therein such as to enable him to maintain or defend an action for which the documents or records sought could furnish evidence or necessary information." (See also North v. Foley, 238 App. Div. 731 [265 N.Y.S. 780]; Palacios v. Corbett (Tex. Civ. App.) 172 S.W. 777, 781; 76 C.J.S., Records, sec. 35, p. 133; 45 Am.Jur., pp. 426-427.)" Craemer v. Superior Court (1968), 265 Cal.App.2d 216, 220, fnt. 3.
REQUEST FOR ADMISSIONS

3. Please Admit or Deny that the FTB has possession or control of any valid IRS Form W-2/FTB-equivalent for the tax year 1998 which the FTB will submit as evidence that the party complained against earned any taxable income in California in 1998.
If Admitted, please identify said Document(s) sufficiently that I may obtain a copy.
If Denied, please explain in layman's terms.

4. Please Admit or Deny that the FTB has possession or control of any valid IRS Form W-4/FTB-equivalent for the tax year 1998 which the FTB will submit as evidence that the party complained against earned any taxable income in California in 1998.
If Admitted, please identify said Document(s) sufficiently that I may obtain a copy.
If Denied, please explain in layman's terms.

5. Please Admit or Deny that the FTB has possession or control of any valid IRS Form 1099/FTB-equivalent for the tax year 1998 which the FTB will submit as evidence that the party complained against earned any taxable income in California in 1998.
If Admitted, please identify said Document(s) sufficiently that I may obtain a copy.
If Denied, please explain in layman's terms.

6. Please Admit or Deny that the FTB has possession or control of any valid State of California, Department of Consumer Affairs, Bureau of Security and Investigative Services document(s) for the tax year 1998 which the FTB will submit as evidence that the party complained against earned any taxable income in California in 1998.
If Admitted, please identify said Document(s) sufficiently that I may obtain a copy.
If Denied, please explain in layman's terms.

7. Please Admit or Deny that the FTB has possession or control of any other valid document(s) for the tax year 1998 which the FTB will submit as evidence that the party complained against received any taxable income in California in 1998.
If Admitted, please identify said Document(s) sufficiently that I may obtain a copy.
If Denied, please explain in layman's terms.

8. Please Admit or Deny that the FTB has possession or control of any valid document(s) for the tax year 1998 which the FTB will submit as evidence to support the hidden presumption that the party complained against was employed as a United States officer or employee in 1998.
If Admitted, please identify said Document(s) sufficiently that I may obtain a copy.
If Denied, please explain in layman's terms.

9. Please Admit or Deny that the FTB has possession or control of any valid document(s) for the tax year 1998 which the FTB will submit as evidence to support the hidden presumption that the party complained against was employed as a State of California officer or employee in 1998.
If Admitted, please identify said Document(s) sufficiently that I may obtain a copy.
If Denied, please explain in layman's terms.

10. Please Admit or Deny that the FTB has possession or control of any valid document(s) for the tax year 1998 which the FTB will submit as evidence to support the hidden presumption that the party complained against was employed as an officer of any United States or State of California corporation in 1998.
If Admitted, please identify said Document(s) sufficiently that I may obtain a copy.
If Denied, please explain in layman's terms.

11. Please Admit or Deny that the FTB has possession or control of any valid document(s) evidencing the law which the FTB will submit as evidence to support the presumption that the party complained against actually had a tax liability in California in 1998.
If Admitted, please identify said Document(s) sufficiently that I may obtain a copy.
If Denied, please explain in layman's terms.

12. Please Admit or Deny that the authorized legal representative for the FTB understands and agrees that the NOTICE OF PROPOSED ASSESSMENT (dated 09/19/2000 and identified by the number 582000311098) mailed to the party complained against is not based on any valid facts.
If Admitted, please explain in layman's terms.
If Denied, please explain in layman's terms.

13. Please Admit or Deny that the authorized legal representative for the FTB understands the spirit and intent of the following United States Supreme Court decision quoted from 130 Lawyers' Edition, 2nd Edition:

The Constitution constrains governmental action "by whatever instruments or in whatever modes that action may be taken." Ex parte Virginia, 100 US 339, 346-347, 25 L Ed 676 (1880). And under whatever congressional label. ...
...Facing the question of Amtrak's status for the first time, we conclude that it is an agency or instrumentality of the United States for the purpose of individual rights guaranteed against the Government by the Constitution. ...
Even Congress itself appeared to acknowledge, at least until recent years, that Government-created and -controlled corporations were part of the Government. The Government Corporation Control Act of 1945, discussed above, which brought to an end an era of uncontrolled growth of Government corporations, provided that, without explicit congressional authorization, no corporation should be acquired or created by "any officer or agency of the Federal Government or by any Governmental corporation for the purpose of acting as an agency or instrumentality of the United States ...." sec 304(a), 59 Stat, at 602 (emphasis added). That was evidently intended to restrict the creation of all Government-controlled policy-implementing corporations, and not just some of them. And the companion provision that swept away many of the extant corporations said that no wholly owned government corporation created under state law could continue "as an agency or instrumentality of the United States," sec. 304(b), 59 Stat, at 602. ...
It surely cannot be that government, state or federal, is able to evade the most solemn obligations imposed in the constitution by simply resorting to the corporate form. ..." (emphasis added) Lebron v. National R. Passenger Corp. (1995), 513 U.S. 574, 130 L.Ed.2d 902, 914-923, 115 S. Ct. 961.
If Admitted, please explain in layman's terms.
If Denied, please explain in layman's terms.

14. Please Admit or Deny that the authorized legal representative for the FTB understands the spirit and intent of the following statute quoted from WEST'S CALIFORNIA CODES, PENAL CODE (2000):

"Section 96.5. Perversion or obstruction of justice by judicial officer, court commissioner or referee.
(a) Every judicial officer, court commissioner, or referee who commits any act that he or she knows perverts or obstructs justice is guilty of a public offense punishable by imprisonment in a county jail for not more than one year.
(b) Nothing in this section prohibits prosecution under paragraph (5) of subdivision (a) of Section 182 of the Penal Code or any other law."
If Admitted, please explain in layman's terms.
If Denied, please explain in layman's terms.

15. Please Admit or Deny that the authorized legal representative for the FTB understands the following statement:

"I am not a licensed Attorney; I do not "represent" anyone. I procede in good faith in my own right. I have no known legitimate tax liability to either the United States or the State of California for the tax year 1998. I reserve the God-given and Constitutionally-protected right to defend myself and my property to the fullest possible extent allowed by the Constitutions, the laws, and the statutes of both the United States and of California." Thomas Murrell Thornhill III
If Admitted, please explain in layman's terms.
If Denied, please explain in layman's terms.

I Declare and Affirm, under the penalties provided for the crime of Perjury in the Law of the united states of America and in the Law of California, that I have read the foregoing and that it is True and Accurate.

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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