United States District Court

NORTHERN DISTRICT OF GEORGIA

Harry Patriot                                 )    CIVIL# 0:00-xx-000-XXX
   Plaintiff                                  )
                                              )    RESPONSE TO UNITED
      V.                                      )    STATES’ OPPOSITION
                                              )    “MOTION TO QUASH–ATTEST”
The United States, et al.                     )
    Respondents                               )    (7609)

Petitioner Harry Patriot hereby files this Response to the United States’ Opposition to “Motion to Quash-Attest”, dated August 7, 2006, regarding Petitioner’s Motion to Quash-Attest dated July 19, 2006, based on the following reasons:

1. Federal Law, IRC - Section 7603, requires that the IRS Summons be attested. Petitioner’s copies of the four summonses are not attested. These copies were attached as exhibits to the United States’ Motion for Enforcement of Summonses, dated July 13, 2006.
2. The government has not presented a copy of the Summons that was attested.
3. Until the Department of Justice presents to the Court a copy of the Summons that was attested, the Summons form is considered unattested and in violation of Federal Law.
4. The question is will the Courts uphold Federal Law. The Congress, at great expense to the taxpayers, passes laws. Why bother to write laws that are not going to be enforced?
5. The government discounts Henderson v. United States, 778 F. Supp. 274 (D.S.C. 1991) because it was a decision in another Circuit. This argument is disingenuous because the issue is what the Federal Law says. IRC – Section 7603 provides

In general

A summons issued under section  6420 (e)(2), 6421 (g)(2), 6427 (j)(2), or  7602 shall be served by the Secretary, by an attested copy delivered in hand to the person to whom it is directed, or left at his last and usual place of abode; and the certificate of service signed by the person serving the summons shall be evidence of the facts it states on the hearing of an application for the enforcement of the summons. When the summons requires the production of books, papers, records, or other data, it shall be sufficient if such books, papers, records, or other data are described with reasonable certainty.

In general

A summons referred to in subsection (a) for the production of books, papers, records, or other data by a third-party record keeper may also be served by certified or registered mail to the last known address of such record keeper.”

CERTIFICATE OF SERVICE

I hereby certify that on or about this date, I mailed properly a copy of this pleading to all parties at their proper address(es), postage pre-paid.

                                                           
_______________________________________                     Date: July 28, 2006	
Petitioner, pro se
    
Address:
100 Freedom Ridge
Patriotville, USA 30000