U.S. DISTRICT COURT
FOR
THE DISTRICT OF COLUMBIA
CIVIL DOCKET FOR CASE #16-cv-02089-CRC
DeORIO v. CIRAOLO-KLEPPER et al
Assigned to: Judge Christopher R. Cooper
Date Filed: 08/30/2016
Consolidated with:
16-cv-00420 DWAILEEBE v. MARTINEAU
16-cv-1053 CRUMPACKER v. CIRAOLO-KLEPPER
16-cv-01384 MORRIS v. McMONAGLE
16-cv-01458 MCGARVIN v McMONAGLE
16-cv-01768 PODGORNY v. CIRAOLO-KLEPPER
Norma DeOrio resides in California and, in August of 2016, she contacted me through this website asking if I would review her Individual Master File (IMF) records for 2004 to determine if I saw the same pattern of IRS computer fraud I had observed in other cases.
I began by reviewing Norma’s IRS Account Transcript and immediately recognized the same pattern of three-digit transaction codes that nameless IRS employees had entered into the IMF computer system of other victims, then concealed, by overriding the system’s strict security features. In that transcript, IRS claimed that it prepared a Substitute for Return (SFR) for Norma on January 7, 2008, but, received the SFR on December 19, 2007 (20 days before it was prepared!).
But, as numerous Freedom of Information Act (FOIA) responses have revealed, the IRS never actually prepares a Substitute For Return (SFR) on any date, but, falsifies its records to make it appear that it does.
Digging further, I discovered that, on June 8, 2010, IRS employee Enoka Adams prepared, but did not sign, Form 4549A Income Tax Discrepancy Adjustments. This form showed an alleged 2004 tax “Balance Due” of $48,920.00. To this amount, Ms. Adams added additional penalties of $36,690.00, which brought the alleged amount due to $85,610.00. I also noted this statement: “The Internal Revenue Service has agreements with State tax agencies under which information about Federal tax, including increases or decreases, is exchanged with the States.”
It is through this information sharing mechanism that the “fruit of the poisonous tree” spreads far beyond the Federal realm to those States that impose a tax on the income of their citizens.
Turning my attention back to the Account Transcript, I discovered that, on September 5, 2011 (forty-four months after the SFR was allegedly prepared on January 7, 2008), IRS allegedly assessed “additional taxes by examination” of $48,920.00. (Note that this is the same amount calculated by Enoka Adams on the June 8, 2010 Form 4549A) To this amount was added $88,333.20 in interest and penalties, bring the total alleged amount due to $137,253.20.
[It is interesting to note that nowhere in the Account Transcript does the date June 8, 2010 appear in the Transcript.]
After discussing my findings with Norma, she decided to file a lawsuit in U.S. District Court for the District of Columbia to enjoin (stop) the IRS from falsifying federal records. This was to be one of many lawsuits subsequently filed by Plaintiffs from all over America who discovered that their IMF records had been similarly falsified.
Following is the Docket Sheet containing links to all the documents filed in this case.
U.S. District Court for the District of Columbia