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 8, 2002

To: Franchise Tax Board
Disclosure Office, MS B-1
P.O.Box 1468
Sacramento, CA 95812-1468

Notice of Second 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 (2002), § 11515)
JUDICIAL NOTICE REQUIRED (West's Ann.Cal.Evid. Code (2002), §§ 451, 453, 459).

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

1.b. I temporarily waive, but ultimately Reserve, my Right to physical inspection of all record(s) concerning my affairs maintained by FTB at FTB's business address during normal business hours.

1.c. 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, § 1798.34(a)).

1.d. Should FTB claim any requested record(s) does not exist, I request that FTB issue a signed Certificate of that fact for each such record(s) claimed to not exist. If FTB fails to deliver the record(s) requested in a timely manner, FTB agrees that (1) I am entitled to the presumption that said record(s) does(do) not exist and that (2) FTB is, and shall be, forever estopped from producing, introducing, or relying upon said record(s).

1.e. I know of no legitimate reason why FTB should claim any of these record(s) directly concerning the nature of my relationship to FTB to be exempt from disclosure. If FTB claims any portion of this request to be exempt from disclosure, please deliver those non-exempt portions which are reasonably segregable.

1.f. I specifically request that FTB mark each record requested, on its face, with my request item number to which it is responsive.

1.g. I request said record(s) requested be delivered to me via mail (West's Ann.Cal.Civ. Code, § 1798.34(e)). My proper name and mailing address are shown in the upper-left quadrant of this request.

1.h. 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 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.

2. I request a true copy of the current FTB Statement of procedures for the inspection of records (however titled, styled, referenced, or called).

3.a. Although the FTB CONFIRMATION LETTER ID EC 02-00034019, dated March 28, 2002, (photocopy attached and incorporated as Exhibit 1) is plainly and obviously not a FTB NOTICE OF FINAL ACTION, I reasonably infer that the FTB inquiry into "tax year" 1999 is now concluded.

3.b. This request covers the time period July 1, 2001, to March 28, 2002, inclusive.

3.c. In reasonable reliance upon FTB's webpage TAXPAYERS' BILL OF RIGHTS HEARING DECEMBER 13, 2001, FRANCHISE TAX BOARD MINUTES ( http://www.ftb.ca.gov/legal/meetings/hearing121301.pdf [as of April 2, 2002]), p.2, Testimony of Richard Harris (attached and incorporated as Exhibit 2), I request one (1), clearly-legible, complete, and accurate copy/photocopy of each and every record(s) which is maintained within, or under the control of, FTB which constitute(s) the entirety of the "case" file of said FTB inquiry for "tax year" 1999 under the name "[ deleted ]", under the number "[ deleted ]", and under the identifier "[ deleted ]".
This request is as specific as I can make it because FTB has failed/neglected/refused to provide me more-specific information.

3.d. In clarification of the above request:

1. If the requested information is not such as has already been relied upon by FTB in initiating, auditing, investigating, and making a Determination in this particular "case", I do NOT want it.
2. I request a copy of all sides of the physical "tax year" 1999 "case" file or folder.
3. I request a copy of EVERY record(s) which is physically enclosed in the "tax year" 1999 "case" file or folder concerning this "case", EVERY record(s) which is physically attached thereto, and EVERY record(s) which is associated or referenced thereto in any way or manner.
4. I request a legible paper printout of EVERY (EVERY also includes ALL "Comment" and "Note" screens) computer screen created or maintained concerning this "case" throughout the designated time period.
5. I request a legible paper copy of ALL of the "case" worker(s)'s work assignment sheets, work assignment reports, telephone logs, correspondence logs, routing sheets, progress reports, inter-office memos, intra-office memos, Post-Its/stick-ons, and all similar items (however titled, styled, referenced, or called) concerning this "case".
6. I request a legible paper printout of ALL (both those created and those received) inter-office, intra-office, and inter-agency e-mails concerning this "case", by the "case" worker(s).
7. I request a copy of EVERY lien(s) or Notice of Lien(s) against me, my name, or my property/possessions which has been created or generated as a part of this "case".

4.a. NOTICE IS HEREBY GIVEN that I do not recognize FTB's claimed right to "interpret" any statute-as-written so as to change or expand its meaning. I will have to treat any FTB-initiated deletion(s), line-out(s), editing, opaque-marker-defacement(s) of the requested information, which are not specifically authorized by an attached copy of a statute-as-written, as an intentional violation of provisions of the I.P.A.

4.b. West's Ann.Cal.Civ. Code (2002), § 1798.55 reads:

The intentional violation of any provision of this chapter or of any rules or regulations adopted thereunder, by an officer or employee of any agency shall constitute a cause for discipline, including termination of employment.
4.c. From my research in the Statutes to Regulations Index for BARCLAYS CALIFORNIA CODE OF REGULATIONS (2001), I reasonably infer that FTB has not properly adopted any Regulations to implement the I.P.A.

I Certify under the laws of the State of California that the foregoing is true and accurate and that this is my signature appended 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:

[BACK to My Work][Visit My Home Page]

E-mail me at: tthor@mail.com