IRS Demands Proof of Identity Before Answering FOIA


As always, assume typos are mine; my comments are included in [[ double brackets. ]]

This did not come on the usual letterhead I've seen from IRS.


Internal Revenue Service
Department of the Treasury
District Director
Date: September 15, 1997


Karl Kleinpaste
427 Northern Pike
Penn Hills, PA [[ no ZIP code! ]]
Person to Contact:
M. Bromley
Telephone Number:
215-597-7146x136
Refer Reply to:
E:QMS:D
Date of Request:
8/7/97

Dear Mr. Kleinpaste:

We received your request for information under the Freedom of Information Act. To constitute a valid request under the Act, certain requirements must be met.

Please send us the information needed to meet the requirements of the Act as indicated in the boxes checked on the back of this letter, and we will try to honor your request. The 10-day period that we are allowed by law to determine whether we can comply with your request will not begin until we receive this information.

If you have any questions, please contact the person whose name and telephone number are shown above.

Sincerely yours,


signature
Darlene Berthod
District Director

(over)
600 Arch St., Philadelphia, Pa. 19106 Letter 1526(DO)(5-81)

[[ back side of page 1 ]]

Freedom of Information Act REquest Analysis Form

The boxes checked apply to your request. Please do the following:

[[ Note: Item #3 has a largish `X' beside it; no others are marked. Also, the numbered items do not line up neatly -- #4 is a space farther left than the rest. ]]

  1. Sign your request.

  2. Describe the records in reasonbly [[sic]] sufficient detail to enable us to find them.

  3. Establish your identity and right to access to the records you requested. Giving out these records is limited by statute or regulations. Therefore, you must:

    a. Present a single document bearing a photograph such aS [[sic]] a passport or identification badge) [[sic, on closing right-paren: no matching left paren]] or two items of identification that bear both a name and signature, without a photograph, such as a driver;s [[sic]] license or credit card if you come in person, or

    b. Send your signature, address, and one other identifier (such as a copy of a driver's license) bearing your signature if you make the request by mail, or

    c. Present in person or send by mail a notarized statement swearing to or affirming your identity.

  4. Include a proper power of attorney since you made the request on behalf of another person.

  5. State whether you wish to inspect or be furnished copies without first inspecting them.

  6. State your agreement to pay cost or [[sic]] search or copying fees. If you are not able to pay, you must request that such fees be reduced or waived and give your reasons in writing. These fees can also be reduced or waived if you can show that the information will primarily benefit the general public. This request must not place an undo [[sic]] burden upon the Internal Revenue Service.

Letter 1526(DO)(5-81)


I'll be blunt, cynical, and conspiratorial: This letter is bullshit from the word Go. Item #3, the only one which applies to me, is also the only one which is not in fact supported in the law. I do not have to prove my identity to any such extent. I will be sending a letter back shortly which demands to see the citation of authority by which such a demand is made. They will curl up and die before admitting to such a thing.

Further cynicism: This is no "analysis form" at all. It's a letter manufactured on-the-fly by someone who is desperately avoiding answering inconvenient questions. The number of simple typos, the fact that the letter did not come on the usual letterhead, the poor formatting, the simply amateurish use of grammar... This letter is nothing but an attempt to backpedal and avoid answering.

Again.


Karl Kleinpaste
Last modified: Tue Oct 14 18:23:57 EDT