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U.S. v. Anderson, 3:15-cv-04345-JST. (2016)

Court: District Court, N.D. California Number: infdco20161122f67 Visitors: 5
Filed: Nov. 21, 2016
Latest Update: Nov. 21, 2016
Summary: STIPULATION AND [PROPOSED] ORDER GRANTING PETITIONER UNITED STATES OF AMERICA'S PETITION TO ENFORCE IRS SUMMONS JON S. TIGAR , District Judge . IT IS HEREBY STIPULATED AND AGREED by Petitioner the United States of America, and Respondent Sigurd Anderson, by and through undersigned counsel: 1. This Stipulation is entered into by and between all parties to this matter 2. The Court has jurisdiction over this matter under 26 U.S. C. 7402(b) & 7604(a), and 28 U.S.C. 1345, and venue is p
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STIPULATION AND [PROPOSED] ORDER GRANTING PETITIONER UNITED STATES OF AMERICA'S PETITION TO ENFORCE IRS SUMMONS

IT IS HEREBY STIPULATED AND AGREED by Petitioner the United States of America, and Respondent Sigurd Anderson, by and through undersigned counsel:

1. This Stipulation is entered into by and between all parties to this matter

2. The Court has jurisdiction over this matter under 26 U.S. C. §§ 7402(b) & 7604(a), and 28 U.S.C. § 1345, and venue is proper in the Northern District of California pursuant to 28 U.S.C. § 1391.

3. The United States has established, by way of its Verified Petition to Enforce Internal Revenue Service Summons and the Declaration in support thereof, a prima facie case under United States v. Powell, 379 U.S. 48 (1964) for enforcement of the Internal Revenue Service summons dated June 24, 2015, a copy of which is attached as Exhibit 2 to the United States' Petition.

4. Respondent does not seek to rebut the government's prima facia showing.

5. The United States is entitled to entry of the [Proposed] Order attached hereto enforcing the summons at issue, and ordering Respondent to comply therewith.

[PROPOSED] ORDER

Based upon the Stipulation of the parties, the United States' Verified Petition to Enforce Internal Revenue Service Summons, the Declaration in support thereof, and for good cause shown, IT IS HEREBY ORDERED as follows:

1. The United States has established a prima facie case under United States v. Powell, 379 U.S. 48 (1964) for enforcement of the Internal Revenue Service summons at issue, and Respondent does not seek to rebut the government's prima facia showing. Accordingly, the Court GRANTS the United States' petition to enforce the Internal Revenue Service summons attached as Exhibit 2 to the United States' Petition.

2. Respondent Sigurd Anderson is ORDERED to appear before Revenue Agent Sarah Ho, or any other proper officer or employee of the IRS, at such time and place as may be set by Revenue Agent Ho or her designee, and produce the documents and give the testimony called for by the terms of the summons dated June 24, 2015, a copy of which is attached as Exhibit 2 to the United States' petition to enforce the IRS summons.

IT IS SO ORDERED.

Source:  Leagle

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