INSTRUCTIONS:

You can send a variation of this letter to your third party financial record keepers informing them that you will file a 7609 lawsuit. This will encourage them not to surrender your private records to a despotic, unconstitutional bureaucracy.

However, only the filing and service of the petition will actually stop the turning over of your privacy. This letter is not really important, however the later letter, announced in your appeal, is important.

Change this letter to fit your personal particulars. 

______________________________________________________________________
TO: EVIL BANK					FROM: T. GREAT ONE
666 WICKED WAY					1776 TEA PARTY WAY
HELL, USA					FREETOWN, USA 12345

Gentlemen:

I understand you have received an IRS third-party administrative summons on the financial record-keepers under 26 USC 7609 for the production of my private records in your possession.

IRS Agent I Really Smells on April 15, served you with a 7609 bank summons to require you to surrender to them your documents and receipts that you have pertaining to me, pursuant to IRC 7609.

Under that section of the Internal Revenue Code, I have the statutory right to halt the production of my records until a final court order. When I file a 7609 petition to quash in federal court, this creates an automatic stay of the turning over of my personal property to a federal agency with a bad reputation.

When the Court of Appeals for this Circuit issues its order denying my petition to quash, you can then turn over my records if you so desire. Any breach of my personal privacy, especially in violation of my financial privacy, can result in a lawsuit against your company for damages. Simply, the law forbids your turning over of my personal records without a court order.

Additionally, your institution has a privacy policy, which I relied upon. This policy is spelled out on your company’s website.

In the case of Reisman vs. Caplin 375 US 440, 84 S Ct 508 (1964) the US Supreme Court, in a fact situation almost identical to this, ruled:

  1. The witness (i.e. you) can appear and interpose a good faith challenge to the summons.

  2. The IRS can then seek a court order – which you must obey.

  3. The IRS has no authority or ability to punish you should you challenge the summons.

  4. You can legally refuse to produce the records, and demand a court order.

The Federal Courts have held that you can raise several good faith challenges to the summons, such as Constitutional rights, privacy, privilege, or a possible threat from the person whose records are involved that he might sue for invasion of privacy. If you have a reason, you can legally refuse to comply with the IRS request. The option is yours.

This is your notice that I consider your turning over my personal and confidential records in response to an administrative summons or request to be an invasion of my privacy. Should you violate my rights, you can expect that I will seek legal redress.

You are entitled by law to request from the IRS a court order prior to surrendering my privacy and Constitutional rights, and thereby give me an opportunity to exercise my legal rights to challenge the enforcement in Federal Court.

Date:______________________

Yours,

_____________________________