Find Out What Information the Government Has On File For You: Submit a FOIA Request Today

The Freedom of Information Act (FOIA) is one of the strongest tools of defense you have against the IRS, and other governmental agencies, but few are aware of it. I will start with a general overview of the Freedom of Information Act for people that are unfamiliar with it. The Freedom of Information Act became a federal law in 1967. Under 5 USC §552, this law gives you the right to access information from the federal government. Generally, it is a great way to keep citizens informed about their government but it can also be used in the event that the IRS decides to conduct an audit on you. As the saying goes, the best offense is a good defense. Many of these audits can be adversarial in nature and it is best to know what the IRS has in your file. Here is more information below if you do decide that you want to submit a FOIA request today.

How To File A FOIA Request?

To file a FOIA request, there are three options:

1.     Fill out the electronic FOIA request form on the Federal Communications Commission website.

2.     Send in the request via mail in a letter. If you choose to send your request this way you must:

a.     Write words “Freedom of Information Act Request” at the top of the letter and on the outside of the mailing envelope;

b.     Date the request;

c.      Give your daytime telephone number or a daytime e-mail address so that the staff can get contact you if they have questions;

d.     Provide as much information as possible regarding each document that you are seeking;

e.     Specify the maximum search fee that you are prepared to spend on the request. Send your letter to the following address:

Federal Communications Commission

445 12^th Street, S.W., Room 1-A836

Washington, D.C. 20554

3.     E-mail your request to FOIA@fcc.gov, or fax it to (202) 418-0521, with the same information required for mail submissions.

Are There Any Fees for FOIA Requests?

Yes. The FCC is allowed to charge for the research and reproduction services. The FOIA request should specify the amount of FOIA fees that you are willing to pay. If the FCC estimates that your search charges are likely to exceed $25, or the limit you set in your FOIA request, then the FCC will notify you of the estimated fee charge prior to doing the search. They will give you the option to revise or clarify the FOIA request.

Are There Any Exemptions or Exclusions to FOIA Requests?

Yes. There are nine exemptions and three exclusions to FOIA requests listed below.

FOIA Exemptions

1. Secret information determined by Executive Order to involve National Defense or Foreign Policy that is classified information.
2. Internal personnel rules or practices of a Federal Agency.
3. Information specifically exempted by statute.
4. Trade secrets, commercial and financial information that is privileged.
5. Inter-agency memoranda or letters that represent the deliberative, pre-decisional process, attorney work product or attorney-client privilege.
6. Personnel and medical files of others that amount to an invasion of personal privacy.
7. Records that are used for law enforcement purposes.
8. Records of financial institutions, such as bank examination records.
9. Geological information and maps concerning oil wells.

FOIA Exclusions

1. Criminal investigations where the IRS is conducting an investigation and the subject under investigation is unaware of it. Disclosure would interfere with enforcement proceedings.
2. Confidential informants.
3. FBI requests regarding foreign intelligence and terrorism.