United States of America v. John Trunzo

Filing 6

PERMANENT INJUNCTION filed by Judge Michael W. Fitzgerald against Defendant John Trunzo. IT IS ORDERED that Trunzo is prohibited from owning, controlling, or managing any business involving tax return preparation and/or the provision of tax advice , or maintaining a professional presence in any premises, whether an office, place of business, dwelling, or other abode, where tax returns are being prepared for a fee or professional tax services are being provided. See Order for additional terms of injunction. (MD JS-6. Case Terminated) (kbr)

1
2
3
4
5
6
7
8
9
10
11
12
13

ANDRÉ BIROTTE JR.
United States Attorney
SANDRA R. BROWN
Assistant United States Attorney
Chief, Tax Division
VALERIE MAKAREWICZ (SBN 229637)
Assistant United States Attorney
Federal Building, Room 7211
300 North Los Angeles Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
LAUREN M. CASTALDI
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff, United States of America

14
15

UNITED STATES DISTRICT COURT

16

FOR THE CENTRAL DISTRICT OF CALIFORNIA

17

UNITED STATES OF AMERICA,

18
19
20
21

Plaintiff,
v.
JOHN TRUNZO,
Defendant.

22

)
)
) Civil No. 13-01108-MWF-SS
)
) Stipulated Order of Permanent
) Injunction
)
)
)
)

23

The United States of America (“United States”), has filed a Complaint for a

24

Permanent Injunction and Other Relief against defendant John Trunzo, individually and

25

doing business as “Your Taxman John Trunzo”, also know as “Your Taxman” and

26

“YTJT” (collectively, “Trunzo”).

27
28

Stipulated Order – United States v. Trunzo

1

1

Trunzo has consented to entry of this Stipulated Order of Permanent Injunction, and

2

waives the entry of findings of fact and conclusions of law. Trunzo further understands

3

that this permanent injunction constitutes the final judgment in this matter, and he waives

4

any rights he may have to appeal from this judgment.

5
6
7

NOW, THEREFORE, and for good cause shown, it is accordingly ORDERED,
ADJUDGED, and DECREED that:
Pursuant to 26 U.S.C. (“I.R.C.”) §§ 7402 and 7407 John Trunzo, individually and

8

doing business as “Your Taxman John Trunzo”, also know as “Your Taxman” and

9

“YTJT,” and his representatives, agents, servants, and employees, are permanently

10
11

enjoined from directly or indirectly:
(1)

Acting as a federal tax return preparer, or requesting, assisting in, or directing

12

the preparation or filing of federal tax returns for any person other than

13

himself or his legal spouse, or appearing as a representative on behalf of any

14

person or entity whose tax liability is under examination or investigation by

15

the Internal Revenue Service;

16

(2)

violate the tax laws, including to evade the payment of taxes;

17
18

Instructing, advising, or assisting, either directly or indirectly, others to

(3)

Engaging in activity subject to penalty under I.R.C. § 6694, i.e., preparing

19

federal income tax returns that improperly understate customers’ tax

20

liabilities;

21

(4)

correct information returns;

22
23

Engaging in activity subject to penalty under I.R.C. § 6695, i.e., failing to file

(5)

Engaging in activity subject to penalty under I.R.C. § 6701, i.e., aiding,

24

assisting in, procuring, or advising with respect to the preparation of any

25

portion of a return, affidavit, claim or other document, when Trunzo knows

26

or has reason to believe that portion will be used in connection with a

27

material matter arising under the federal tax law, and Trunzo knows that the

28

Stipulated Order – United States v. Trunzo

2

1

relevant portion will result in the material understatement of the liability for

2

the tax of another person;

3

(6)

his legal spouse before the Internal Revenue Service;

4
5

Representing, either directly or indirectly, any person other than himself or

(7)

Assisting, either directly or indirectly, in the representation of any person

6

other than himself or his legal spouse before the Internal Revenue Service;

7

and

8
9
10

(8)

Engaging in any other conduct that substantially interferes with the proper
administration and enforcement of the internal revenue laws.

IT IS FURTHER ORDERED that Trunzo will create a website and post the order of

11

injunction on the site for a period of no less than one year. He will make his best efforts

12

to leave a message on his business voice mail directing callers to the website so that they

13

are notified that Trunzo subject to an injunction. Trunzo is to file with the Court, within

14

30 days of the date the permanent injunction is entered, a certification signed under

15

penalty of perjury stating that he has done so. He will also direct any former clients that

16

contact him to the website;

17

IT IS FURTHER ORDERED that Trunzo is prohibited from owning, controlling, or

18

managing any business involving tax return preparation and/or the provision of tax advice,

19

or maintaining a professional presence in any premises, whether an office, place of

20

business, dwelling, or other abode, where tax returns are being prepared for a fee or

21

professional tax services are being provided;

22
23
24
25

IT IS FURTHER ORDERED that the United States is permitted to engage in
limited post-judgment discovery to ensure compliance with this permanent injunction;
IT IS FURTHER ORDERED that this Court shall retain jurisdiction over this
action for purposes of implementing and enforcing this permanent injunction; and

26
27
28

Stipulated Order – United States v. Trunzo

3

1

IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(d)(2), counsel for

2

the United States is authorized to arrange for personal service of this order on the

3

defendant.

4
5

SO ORDERED this 26th day of April, 2013

6
7
8
9

_______________________________
Michael W. Fitzgerald
United States District Court Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Stipulated Order – United States v. Trunzo

4