United States of America v. Halajian

Filing 3

ORDER to SHOW CAUSE RE: Tax Summons Enforcement signed by Magistrate Judge Gary S. Austin on 5/11/2015. Show Cause Hearing set for 6/12/2015 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin.(Martinez, A)

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1 BENJAMIN B. WAGNER United States Attorney 2 BOBBIE J. MONTOYA Assistant United States Attorney 3 Eastern District of California 501 I Street, Suite 10-100 4 Sacramento, CA 95814-2322 Telephone: (916) 554-2775 5 Facsimile: (916) 554-2900 email: bobbie.montoya@usdoj.gov 6 7 Attorneys for Petitioner United States of America 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Petitioner, 12 ORDER TO SHOW CAUSE RE: TAX SUMMONS ENFORCEMENT v. 13 14 1:15-CV-00632-LJO-GSA BARRY S. HALAJIAN, Respondent. 15 Taxpayer: BARRY S. HALAJIAN Date: June 12, 2015 Time: 9:30 a.m. Ctrm: 10, 6th Floor 16 17 18 19 Upon the petition of BENJAMIN B. WAGNER, United States Attorney for the Eastern 20 District of California, including the verification of Revenue Officer EVAN D. MOSES, and the 21 Exhibit attached thereto, it is hereby: 22 ORDERED that the Respondent, BARRY S. HALAJIAN, appear before United States 23 Magistrate Judge Gary S. Austin, in that Magistrate Judge's courtroom in the United States 24 Courthouse, 2500 Tulare Street, Fresno, California, on June 12, 2015, at 9:30 a.m., to show 25 cause why the respondent should not be compelled to obey the Internal Revenue Service 26 summons issued on July 30, 2014. 27 / / / 28 / / / ORDER TO SHOW CAUSE RE: TAX SUMMONS ENFORCEMENT 1 1 It is further ORDERED that: 2 1. The United States Magistrate Judge will preside, under 28 U.S.C. Section 3 636(b)(1) and Local Rule 302(c)(9), at the hearing scheduled above. After hearing, the 4 Magistrate Judge intends to submit proposed findings and recommendations under Local Rule 5 304(a), with the original thereof filed by the Clerk and a copy provided to all parties. 6 2. Under Fed. R. Civ. P. 4(c)(1), the Court hereby appoints the investigating Internal 7 Revenue Service employee, and all federal employees designated by that employee, to serve 8 process in this case. 9 3. To afford the respondent an opportunity to respond to the petition and the 10 petitioner an opportunity to reply, a copy of this order, the Petition and its Exhibit, and the 11 Points and Authorities, shall be served by delivering a copy to the respondent personally, or by 12 leaving a copy at the respondent’s dwelling house or usual place of abode with some person of 13 suitable age and discretion then residing therein, or by any other means of service permitted by 14 Fed. R. Civ. P. 4(e), at least 21 days before the show cause hearing date including any continued 15 date, unless such service cannot be made despite reasonable efforts. 16 4. Proof of any service done under paragraph 3, above, shall be filed with the Clerk 17 as soon as practicable. 18 5. If the federal employee assigned to serve these documents is not reasonably able 19 to serve the papers as provided in paragraph 3, petitioner may request a court order granting 20 leave to serve by other means. See Fed. R. Civ. P. 81(a)(5). The request shall detail the efforts 21 made to serve the respondent. 22 6. The file reflects a prima facie showing that the investigation is conducted pursuant 23 to a legitimate purpose, that the inquiry may be relevant to that purpose, that the information 24 sought is not already within the Commissioner’s possession, and that the administrative steps 25 required by the Code have been followed. See United States v. Powell, 379 U.S. 48, 57-58 26 (1964). The burden of coming forward therefore has shifted to whoever might oppose 27 enforcement. 28 ORDER TO SHOW CAUSE RE: TAX SUMMONS ENFORCEMENT 2 1 7. If the respondent has any defense or opposition to the petition, such defense or 2 opposition shall be made in writing and filed with the Clerk and a copy served on the United 3 States Attorney at least 7 days before the show cause hearing date including any continued date. 4 8. At the show cause hearing, the Magistrate Judge intends to consider the issues 5 properly raised in opposition to enforcement. Only those issues brought into controversy by the 6 responsive pleadings and supported by affidavit will be considered. Any uncontested allegation 7 in the petition will be considered admitted. 8 9. The respondent may notify the Court, in a writing filed with the Clerk and served 9 on the United States Attorney at least 7 days before the date set for the show cause hearing, that 10 the respondent has no objections to enforcement of the summons. The respondent’s appearance 11 at the hearing will then be excused. 12 13 IT IS SO ORDERED. 14 Dated: May 11, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER TO SHOW CAUSE RE: TAX SUMMONS ENFORCEMENT 3

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