United States of America v. Bacon

Filing 6

Petitioner's Consensual Request to Continue Show Cause Hearing; ORDER - Order to Show Cause hearing is continued from 9/23/2011 to Friday, November 18, 2011 at 09:30 AM in Courtroom One (SMS) before Magistrate Judge Sandra M. Snyder. signed by Magistrate Judge Sandra M. Snyder on 9/20/2011. (Herman, H)

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BENJAMIN B. WAGNER
United States Attorney
YOSHINORI H. T. HIMEL #66194
Assistant United States Attorney
Eastern District of California
501 I Street, Suite 10-100
Sacramento, CA 95814-2322
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Petitioner United States of America
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Petitioner,
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v.
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NATHAN D. BACON,
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Respondent.
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__________________________________ )

Case No. 1:11-cv-01250-AWI-SMS
PETITIONER'S CONSENSUAL
REQUEST TO CONTINUE SHOWCAUSE HEARING
TAXPAYER: NATHAN D. BACON
Date: Friday, September 23, 2011
Time: 9:30 a.m.
Ctrm: 7 (Honorable Sandra M. Snyder)

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Petitioner, the United States of America, litigating in aid of the tax determination

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investigation of IRS Revenue Officer Michael Nicholas, requests that Judge Snyder

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continue the Order to Show Cause Hearing Re: Tax Summons Enforcement currently

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scheduled for Friday, September 23, 2011, until Friday, October 28, 2011, at 9:30 a.m. in

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the Judge Snyder’s courtroom. By this consensual continuance, the parties seek to give

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the Respondent, Nathan D. Bacon, who was served late, additional time to respond to the

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IRS summons in suit, possibly mooting this proceeding. A supporting declaration and a

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proposed Order are attached.

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Dated: September 19, 2011

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ YHimel
YOSHINORI H. T. HIMEL
Assistant United States Attorney

PETITIONER'S CONSENSUAL REQUEST TO CONTINUE SHOW-CAUSE HEARING

DECLARATION OF MARY ANN RACKLEY

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MARY ANN RACKLEY declares under 28 U.S.C. 1746(2):

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1. I am a Paralegal Specialist in the office of the United States Attorney for the

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Eastern District of California, and am assigned paralegal duties in the office's tax

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summons enforcement cases including above-captioned case.

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2. I understand from the IRS that it was unable to serve respondent with the Order

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to Show Cause and related papers until September 15, 2011. Taxpayer recently moved to

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southern California, and it took a state agency several weeks to respond to the Revenue

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Officer’s request for taxpayer’s current contact information. I am expecting proof of

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personal service by the IRS to arrive shortly so that I can file it with the Court.
3. On September 19, 2011, I spoke with respondent by telephone. I checked that

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he had been served with process, and understood that he intends to respond to this

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proceeding by complying with the IRS summons. I asked whether he might need more

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time to prepare his compliance, and offered him a five-week continuance of the show-

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cause hearing, until October 28, 2011, to give him that time. He expressed his consent to

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the continuance.

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4. No previous continuance of this time has been requested or received.

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I declare under penalty of perjury that the foregoing is true and correct. Executed

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on September 20, 2011.

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/s/ Mary Ann Rackley
MARY ANN RACKLEY

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ORDER
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It is hereby ORDERED that the Order to Show Cause Hearing is hereby
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CONTINUED until Friday, November 18, 2011, at 9:30 a.m. in Courtroom 7.
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Dated:

September 20, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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PETITIONER'S CONSENSUAL REQUEST TO CONTINUE SHOW-CAUSE HEARING