United States of America et al v. Settle et al

Filing 31

Petitioner's Notice Of Compliance And Suggestion To Close File; ORDER Thereon, signed by District Judge Lawrence J. O'Neill on 4/19/2011. CASE CLOSED.(Fahrney, E)

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BENJAMIN B. WAGNER
United States Attorney
GLEN F. DORGAN (SBN 160502)
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioners United States of America
and Revenue Officer Lorena Ramos

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA and
LORENA RAMOS, Revenue
Officer, Internal Revenue Service,

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Petitioners,
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v.
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JEFFREY D. SETTLE, KATHRYN A
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SETTLE, and JEFFREY D. SETTLE, as
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president of Settco Ltd.,
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Respondents.
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____________________________________)

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PLEASE TAKE NOTICE:

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1.

PETITIONERS’ NOTICE OF
COMPLIANCE AND SUGGESTION TO
CLOSE FILE; ORDER THEREON

TO THIS HONORABLE COURT:

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1:09-cv-02254-LJO-SKO

Petitioner and Respondents met and conferred concerning the documents and

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information sought by the summons at issue in the above-captioned tax summons enforcement

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proceeding.
2.

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While Respondents did not produce all documents sought by the summons,

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Respondents and their tax advisor made representations to Petitioner that the missing documents

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do not exist.

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PETITIONERS’ NOTICE OF COMPLIANCE & SUGGESTION TO CLOSE FILE; ORDER THEREON

3.

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Based on (i) Respondents’ production of a substantial portion of the documents

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sought; (ii) Respondents representations about missing documents; and (iii) the fact that the

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summons is limited in scope of time and is not a “continuing” summons, it is Petitioner’s view

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that Respondents have materially complied with the summons at issue.
THEREFORE, Petitioner submits that the case can and should be closed, without

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prejudice to Petitioner’s right to proceed with further investigation through service of a

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continuing summons and, if necessary, to initiate any new Court proceedings to enforce any such

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continuing summons. A proposed order is attached.

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Date: April 18, 2011

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ Glen F. Dorgan
GLEN F. DORGAN
Assistant United States Attorney

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Attorneys for Petitioners
United States of America and Revenue
Officer Lorena Ramos

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ORDER

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Based upon Petitioners’ statement that Respondents have materially complied, this case is

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hereby closed.

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IT IS SO ORDERED.

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Dated:
b9ed48

April 19, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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PETITIONERS’ NOTICE OF COMPLIANCE & SUGGESTION TO CLOSE FILE; ORDER THEREON