United States of America et al v. Begg

Filing 13

ORDER granting 12 Motion to Dismiss (ts, COURT STAFF) (Filed on 6/12/2009)

Case3:09-cv-01200-SI Document12

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney Chief, Tax Division BLAKE D. STAMM (CTBN 301887) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Fax: [phone] Attorneys for the United States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA and DENISE SALADO, Revenue Officer, Petitioners, v. ILSARD BEGG, Respondent. 1. ) ) ) ) ) ) ) ) ) ) ) NO. C-09-1200-SI GOVERNMENT'S MOTION TO DISMISS AMENDED VERIFIED PETITION TO ENFORCE INTERNAL REVENUE SUMMONS AND PROPOSED ORDER

On May 11, 2009, the Court heard this matter and continued further proceedings

to June 26, 2009 to permit the respondent an opportunity to comply with an Internal Revenue Service (IRS) summons and to permit the IRS an opportunity to determine respondent's compliance. 2. The IRS has resolved that the respondent has complied with its summons and

accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(2), the government seeks dismissal of this matter and the vacating of any further hearing dates. Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney Date: June 10, 2009 /s/ Blake D. Stamm BLAKE D. STAMM Assistant United States Attorney Tax Division

Case3:09-cv-01200-SI Document12

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IT IS SO ORDERED.

Dated:

________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

G o v ' t M o t . T o Dism. Amended Ver. Pet. T o Enf. I R S Sum. & Proposed Order (No. C-09-1200-SI)

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Case3:09-cv-01200-SI Document12

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CERTIFICATE OF SERVICE I, KATHY TAT declare: That I am a citizen of the United States of America and employed in San Francisco County, California; that my business address is Office of United States Attorney, 450 Golden Gate Avenue, Box 36055, San Francisco, California 94102; that I am over the age of eighteen years, and am not a party to the above-entitled action. I am employed by the United States Attorney for the Northern District of California and discretion to be competent to serve papers. The undersigned further certifies that I caused a copy of the following: GOVERNMENT'S MOTION TO DISMISS AMENDED VERIFIED PETITION TO ENFORCE INTERNAL REVENUE SUMMONS AND PROPOSED ORDER to be served this date upon the party(ies) in this action by placing a true copy thereof in a sealed envelope, and served as follows: _X___ FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice. ____ ____ PERSONAL SERVICE (BY MESSENGER/HAND DELIVERED) FACSIMILE (FAX) No.:

to the parties addressed as follows: Ilsard Begg 2847 Montair Way Union city, CA 94587 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on June 10, 2009 at San Francisco, California.

/s/ Kathy Tat KATHY TAT Legal Assistant

G o v ' t M o t . T o Dism. Amended Ver. Pet. T o Enf. I R S Sum. & Proposed Order (No. C-09-1200-SI)

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