Johnson v. Commissioner
Opinion
Lead Opinion
MEMORANDUM **
Ruñar Dean Johnson appeals pro se the district court’s summary judgment for the Internal Revenue Service (“IRS”) and its *839 orders denying his motion to strike, motion for default judgment, motion for reconsideration, and motion to vacate void judgment, in his action alleging violations of 5 U.S.C. §§ 552 (“Freedom of Information Act” or “FOIA”) and 552a (“Privacy Act”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, San Pedro Hotel Co., Inc. v. City of Los Angeles, 159 F.3d 470, 477 (9th Cir.1998), and we affirm.
Johnson’s numerous contentions challenging the legal existence of the IRS lack merit. We have long recognized the existence of the IRS. See, e.g., Brandow v. U.S., 268 F.2d 559, 563-64 (9th Cir.1959) (“The Internal Revenue Service is a part of the Treasury Department of the United States which is an agency of the United States government”). Moreover, the IRS is an “agency” for purposes of the FOIA and the Privacy Act. See 5 U.S.C. § 551 (1) (defining “agency” as “each authority of the Government of the United States, whether or not it is within or subject to review by another agency”).
We deny Johnson’s outstanding motions.