From: Thomas Murrell Thornhill III
c/o Box 1755, U.S.P.S.
Nevada City, California, United States of America
No telephone service maintained.
November 1, 2001.

To: FRANCHISE TAX BOARD
DISCLOSURE OFFICE
P.O. BOX 1468
SACRAMENTO CA 95812-1468

NOTICE OF REQUEST AND REQUEST FOR ACCESS TO RECORDS
(per West's Ann.Cal.Civ. Code (2001), §§ 1798-1798.75).

OFFICIAL NOTICE REQUESTED (West's Ann.Cal.Gov. Code (2001), § 11515)
JUDICIAL NOTICE REQUIRED (West's Ann.Cal.Evid. Code (2001), §§ 451, 453, 459).

1. I am the requestor; I have a legitimate interest in the requested information; and I make this request for access to, and copies of, record(s) of STATE OF CALIFORNIA FRANCHISE TAX BOARD (FTB) pursuant to the California Information Practices Act of 1977 (West's Ann.Cal.Civ. Code (2001), §§ 1798-1798.75).

2.a. I temporarily waive, but ultimately Reserve, my Right to physical inspection of these record(s) at FTB's business address during normal business hours. I request the required NOTICE of FTB's policies concerning said inspection.

2.b. Enclosed is my check in the amount "not to exceed $20.00" to cover the reasonable costs, not to exceed $0.10 per page (unless there is a valid statutory fee imposed and disclosed to me) and not to exceed the cumulative total of twenty dollars ($20.00), of duplicating and mailing the requested records(s). If FTB anticipates exceeding the limit of $20.00, please stop and mail those copies of record(s) which you have developed; I will consider obtaining the balance of the materials at a later time. My proper name and mailing address are as shown in the top-left quadrant of this request.

3. FTB is required by statute to complete this request within thirty (30) days for active record(s) and sixty (60) days for geographically dispersed or inactive record(s) (West's Ann.Cal.Civ. Code (2001), § 1798.34(a)).

4. I request that FTB deliver said copies to me via mail at the address shown above (West's Ann.Cal.Civ. Code (2001), § 1798.34(e)). In the event that any requested record(s) does not exist, I request a Certificate of that fact for each such record(s) not delivered. If FTB fails to deliver the record(s) referred to in a timely manner, I am entitled to the presumption that said record(s) does(do) not exist.

5. If FTB claims any portion of this request to be exempt from disclosure, please deliver those non-exempt portions which are reasonably segregable.

6.a. I request one, legible, copy/photocopy of each record(s) described below which is, or should be, maintained within, or under the control of FTB under the name "[ deleted ]", under the number "[ deleted ]", or under the identifier "[ deleted ]" for each 'tax year' 1979 through 2000, inclusive. (Source for system names: http://www.ftb.ca.gov/manuals/arm/cpm/2020.htm [as of October 15, 2001].)

6.b. Each and every record(s) in the "TAXPAYER INFORMATION SYSTEM (TI)".

6.c. Each and every record(s) in the "ACCOUNTS RECEIVABLE COLLECTION SYSTEM (ARCS)" which indicates monies FTB has received from me.

6.d. Each and every record(s) in the "OCCUPATIONAL LICENSE FILE (WHLIC))" which indicates a valid tax liability.

6.e. Each and every record(s) in the "FILING ENFORCEMENT FILE (FE)" which indicates income amount and income source.

6.f. Each and every record(s) in the "NDF FILE (NDF)" which indicates NPA(s) and NOA(s) created or processed.

6.g. Each and every record(s) in the "SELF-EMPLOYED CROSS-REFERENCE FILE (WHRAX)" which purports to indicate a valid tax liability.

6.h. If said record(s) contain multiple coded designators as IRS files do, I request Disclosure of the full, current, accurate name/designation of each and every valid manual(s)/table(s)/chart(s) which constitute(s) sufficient information so that I, as an average layman, may decode and interpret the FTB files and arrive at the exact same interpretation as has FTB, together with FTB's respective prices for said manual(s)/etc..

7.a. The remainder of this request applies only to the 'tax years' 1995-2000.
I believe, and THE STATE BOARD OF EQUALIZATION has acquiesced to my position, that the entity "[ deleted ]" is a legal fiction.
FTB has repeatedly, consistently, and persistently maintained, and expects to benefit from, presumption(s) concerning the entity "THOMAS M THORNHILL III", so I request disclosure and delivery of:

7.b. Each and every valid record(s) which FTB relies upon to support the presumption of the legal existence of the entity "[ deleted ]".

7.c. Each and every valid formal FTB DETERMINATION(s) and NOTICE(S) OF DETERMINATION containing facts sufficient to support the presumption that the entity "[ deleted ]" is a TAXPAYER in THE STATE OF CALIFORNIA.

7.d. Each and every valid formal FTB DETERMINATION(s) and NOTICE(S) OF DETERMINATION containing facts sufficient to support the presumption that the entity "[ deleted ]" is a RESIDENT of THE STATE OF CALIFORNIA.

7.e. Each and every record(s) and the source of said record(s) which supports the presumption that the entity "[ deleted ]" is a "TAX PROTESTOR", "NON-FILER", or "POTENTIALLY DANGEROUS TAXPAYER".

7.f. Each and every valid formal FTB ASSESSMENT(S) and NOTICE(S) OF ASSESSMENT made against the entity "[ deleted ]".

7.g. Each and every record(s) which FTB relies upon to support the presumption that the entity "[ deleted ]" is engaged in any revenue-taxable activity in this "State" (as defined in West's Ann.Cal.Rev. & Tax. Code (2001), § 17018: "State" includes the District of Columbia, and the possessions of the United States. [Note: The original statute (Stats.1955, c. 939, p. 1656) read: "17018. "State" includes the Territories of Alaska and Hawaii, the District of Columbia, and the possessions of the United States."]).

7.h. Each and every record(s) which discloses what "State" (as defied in West's Ann.Cal.Rev. & Tax. Code (2001), § 17018) FTB presumes the entity "[ deleted ]" to be domiciled within.

8. Please be advised that I am aware of Ballmer v. Franchise Tax Board.

9. I Certify under the laws of the state of California that the foregoing is true and accurate and that this is my signature subscribed below.

Dated: _____________________________________

At: ________________________________________

Signature: _______________________________________

END


Public Notice concerning the legal status of FTB:

FTB's only properly-adopted regulations supporting taxing authority for Personal Income Tax:

The federal Victory Tax as administered in California:

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