United States of America v. Pope

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 5/26/2015 ORDERING that the Respondent Jerome Pope fully comply with the IRS summons to appear on 6/9/2015 at 10:00 A.M. in Fairfield, CA. If the Respondent violates this order, the United States may take appropriate steps to attain the Court's enforcement of the tax summons. Clerk to serve this order and all further orders on Mr. Pope at 264 Sage Street, Vallejo, CA. CASE CLOSED. (Donati, J)

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: [phone]
5 Facsimile: [phone]
email: [e-mail]
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Attorneys for Petitioner United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Petitioner,

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ORDER AFTER SHOW CAUSE HEARING
RE: TAX SUMMONS ENFORCEMENT

v.

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2:15-MC-00019-TLN-KJN

JEROME POPE,
Respondent.

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Taxpayer: JEROME POPE

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This matter came on before United States Magistrate Judge Kendall J. Newman on

19 May 21, 2015, pursuant to the Order to Show Cause filed March 17, 2015 (Doc. #4). The order,
20 with the verified petition filed March 13, 2015 (Doc. #1), and its supporting memorandum (Doc.
21 #3-1), was personally served at Respondent’s residence on March 27, 2015. (Doc. #5.)
22 Respondent did not file an opposition or statement of non-opposition to the verified petition as
23 provided for in the Order to Show Cause. At the hearing, Bobbie J. Montoya, Assistant United
24 States Attorney, appeared for Petitioner United States of America. Investigating Revenue
25 Officer Jose Arteaga was present in the courtroom. Respondent Jerome Pope appeared at the
26 hearing.
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The Verified Petition to Enforce Internal Revenue Summons (Doc. #1) seeks to enforce

28 an administrative summons (Exhibit A to the petition (Doc. #2)) issued September 2, 2014. The

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Order After Show Cause Hearing Re: Tax Summons
Enforcement

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1 summons is part of an investigation of the Respondent to secure information relevant to
2 collection of Form 1040 taxes for the calendar years ending December 31, 2005, December 31,
3 2006, December 31, 2008, and December 31, 2009.
4

During a hearing recess the parties conferred in private, and Respondent Pope agreed

5 with the Revenue Officer, and stated his agreement in open court, to appear and fully comply
6 with the summons at the I.R.S. offices at 4830 Business Center Drive, Suite 250, Fairfield, CA
7 94534, before Revenue Officer Arteaga or his designated representative, on June 9, 2015, at
8 10:00 A.M.
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Accordingly, IT IS HEREBY ORDERED that Respondent Jerome Pope fully comply

10 with the I.R.S. summons by appearing at the I.R.S. offices at 4830 Business Center Drive, Suite
11 250, Fairfield, CA 94534, before Revenue Officer Arteaga or his designated representative, on
12 June 9, 2015, at 10:00 A.M., as agreed to by Revenue Officer Arteaga and Respondent Pope at
13 the show cause hearing. Should the June 9th appearance need to be continued or rescheduled,
14 the rescheduled date is to be set in writing by Revenue Officer Arteaga. Respondent is to appear
15 before Revenue Officer Arteaga or his designated representative, then and there to be sworn, to
16 give testimony, and to produce for examining and copying the books, checks, records, papers
17 and other data demanded by the summons, the examination to continue from day to day until
18 completed.
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If Respondent violates this Order, the United States may take appropriate steps to attain

20 the Court’s enforcement of the tax summons, up to and including contempt proceedings against
21 Respondent.
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THE CLERK SHALL SERVE this and further orders by mail to: Jerome Pope,

23 264 Sage Street, Vallejo, CA 94589.
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IT IS SO ORDERED.

25 Dated: May 26, 2015
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Order After Show Cause Hearing Re: Tax Summons
Enforcement

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