Filed: Dec. 27, 2012
Latest Update: Dec. 27, 2012
Summary: STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST BENYAM TEWOLDE MIRANDA M. DU, District Judge. Plaintiff, the United States of America, and defendant, Benyam Tewolde, stipulate and agree as follows: 1. The United States of America filed a Complaint for Permanent Injunction and Other Relief under 26 U.S.C. 7402, 7407 and 7408 of the Internal Revenue Code ("I.R.C.") against Benyam Tewolde and others. 2. Tewolde admits that for purposes of this injunction the Court has personal jurisdiction
Summary: STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST BENYAM TEWOLDE MIRANDA M. DU, District Judge. Plaintiff, the United States of America, and defendant, Benyam Tewolde, stipulate and agree as follows: 1. The United States of America filed a Complaint for Permanent Injunction and Other Relief under 26 U.S.C. 7402, 7407 and 7408 of the Internal Revenue Code ("I.R.C.") against Benyam Tewolde and others. 2. Tewolde admits that for purposes of this injunction the Court has personal jurisdiction ..
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STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST BENYAM TEWOLDE
MIRANDA M. DU, District Judge.
Plaintiff, the United States of America, and defendant, Benyam Tewolde, stipulate and agree as follows:
1. The United States of America filed a Complaint for Permanent Injunction and Other Relief under 26 U.S.C. §§ 7402, 7407 and 7408 of the Internal Revenue Code ("I.R.C.") against Benyam Tewolde and others.
2. Tewolde admits that for purposes of this injunction the Court has personal jurisdiction over him pursuant to 28 U.S.C. §§ 1340 and 1345, and subject matter jurisdiction pursuant to 26 U.S.C. §§ 7402(a), 7407(a) and 7408(a).
3. Tewolde, without admitting any of the allegations in the complaint, waives the entry of findings of fact and conclusions of law and voluntarily consents to the entry of this permanent injunction without further notice and agrees to be bound by its terms.
4. Tewolde further understands and agrees that:
a. The Stipulated Order For Permanent Injunction will be entered under Fed. R. Civ. P. 65 and will result in the entry, without further notice, of a Final Judgment in this matter;
b. Tewolde waives the right to appeal from the Stipulated Order For Permanent Injunction;
c. The Parties will bear their own costs, including any attorneys' fees or other expenses of this litigation;
d. The Court will retain jurisdiction over this matter for the purpose of implementing and enforcing the Stipulated Order For Permanent Injunction;
e. If Tewolde violates the Injunction, he may be subject to civil and criminal sanctions for contempt of court; and
f. The United States may conduct full post judgment discovery to monitor compliance with the Injunction.
g. Entry of this Stipulated Order for Permanent Injunction resolves only this civil injunction action, and neither precludes the government from pursuing any other current or future civil or criminal matters or proceedings, nor precludes Tewolde from contesting his liability in any matter or proceeding.
IT IS HEREBY STIPULATED, AGREED, AND ORDERED pursuant to I.R.C. §§ 7402, 7407 and 7408, that defendant Tewolde, and his representatives, agents, servants, employees, attorneys, and/or any person or entity acting in active concert or participation with him, are PERMANENTLY ENJOINED from directly or indirectly, by use of any means or instrumentalities:
A. Preparing or filing, or assisting in the preparation or filing of any federal tax return, amended return, or claim for refund, for any person or entity other than himself (or his spouse, if filing a joint return);
B. Owning, managing, or supervising any tax return preparation business, or training tax preparers in connection with any tax preparation business;
C. Representing before the Internal Revenue Service any person or organization whose tax liabilities are under examination or investigation by the Internal Revenue Service;
D. Engaging in conduct subject to penalty under 26 U.S.C. § 6701, including preparing or assisting in the preparation of a document related to a matter material to the internal revenue laws that includes a position the defendant knows will (if so used) result in an understatement of another person's tax liability;
E. Organizing, promoting, providing, advising or selling business or tax services that facilitate or promote noncompliance with federal tax laws;
F. Willfully engaging in conduct subject to penalty under any provision of the Internal Revenue Code;
G. Engaging in any other conduct that substantially interferes with the proper administration and enforcement of the internal revenue laws; and
H. Misrepresenting any of the terms of this Stipulated Order for Permanent Injunction.
IT IS FURTHER STIPULATED, AGREED AND ORDERED that the United States will be allowed full post-judgment discovery to monitor compliance with the Injunction; and
IT IS FURTHER STIPULATED, AGREED, AND ORDERED that the Court will retain jurisdiction over this action for purpose of implementing and enforcing the final judgment and any additional orders necessary and appropriate to the public interest.
IT IS SO ORDERED.
