David R. and Darlene Funk - Page 10




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                                     APPENDIX A                                       

                            DECLARATION OF DAVID R. FUNK                              
          I, David R. Funk, declare to the best of my knowledge that the              
          following facts are true and correct.                                       
                            Declaration of Material Facts                             
          This declaration of material facts pertaining to David R. Funk,             
          establishes my relationship to Internal Revenue Code taxing                 
          authority.  This declaration of material facts is intended to               
          comply with the “substantial authority standard” (26 CFR Sec.               
          1.6662-4(d)) and the “good faith and reasonable cause standard”             
          (26 CFR Sec. 1.6664-4(a)).  This declaration is also intended to            
          comply with requirements of Rule 601 of the Federal Rules of                
          Evidence.  I have personal knowledge of facts set forth herein              
          (Rule 43(e), F.R.Civ.P. & Rule 602, F.R.Evid.).  Declarations of            
          material fact are as follows:                                               
          1.  My name is David R. Funk; I am a living, moral being endowed            
          with unalienable rights to life, liberty and property, and all              
          rights and benefits secured by the Constitution of the United               
          States of America and the Constitution of the State of                      
          California.                                                                 
          2.  I am a native and Citizen of the State of California, which             
          is a State of the Union.                                                    
          3.  My abode and dwelling is geographically located in the State            
          of California, one of the States of the Union.                              
          4.  I do not have a foreign tax home, as defined in the Internal            
          Revenue Code.                                                               
          5.  To the best of my knowledge, I have never received notice               
          from a District Director of an Internal Revenue Service district,           
          nor the Assistant Commissioner of Internal Revenue                          
          (International), that I have ever been required to keep books and           
          records and file returns (Letter 978 (DO) & Notice 555).  (See              
          also, 26 U.S.C. sec. 6001, 26 CFR secs. 1.6001-1(d), 31.6001-6,             
          and Treasury Delegation Order No. 24).                                      
          6.  To the best of my knowledge, I have never received lawful and           
          procedurally proper assessments of Federal taxes, penalties, or             
          interest for calendar year ending December 31, 1996.  (26 U.S.C.            
          sec. 6203, 26 CFR sec. 301.6203-1, and Internal Revenue Manual              





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