UNITED STATES OF AMERICA v. Faz

Filing 5

ORDER TO SHOW CAUSE WHY IRS SUMMONS SHOULD NOT BE ENFORCED. Signed by Judge Alsup on 8/14/2013. (whalc2S, COURT STAFF) (Filed on 8/14/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Petitioner,
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v.
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RAMIRO FAZ,
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Respondent.
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_____________________________________ )

UNITED STATES OF AMERICA,

No. CV 13-3614 WHA
[Proposed]
ORDER TO SHOW CAUSE WHY
INTERNAL REVENUE SERVICE
SUMMONS SHOULD NOT BE
ENFORCED

Upon consideration of the United States’ Petition to Enforce Internal Revenue

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Summons and the Declaration in support thereof, the Court finds that the United States

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has established a prima facie case under United States v. Powell, 379 U.S. 48 (1964) for

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enforcement of the Internal Revenue Service summons at issue.
Accordingly, IT IS HEREBY ORDERED that Respondent Ramiro Faz, appear

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before the undersigned United States District Judge, on the 26 DAY OF SEPTEMBER, 2013,

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AT 8:00 A.M.,

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Gate Avenue, San Francisco, California, and then and there show cause, if any, why

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Respondent should not be compelled to appear and provide documents and testimony as

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required by the summons.

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//

in Courtroom No. 8, 19th Floor, United States District Court, 450 Golden

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It is further ORDERED that:

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1. A copy of this Order, together with the Petition to Enforce Internal Revenue

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Service Summons and supporting papers, shall be served upon Respondent in accordance

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with Rule 4 of the Federal Rules of Civil Procedure at least thirty-five days before the

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date set for the show-cause hearing;

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2. Since the Petition to Enforce Internal Revenue Summons and supporting papers
make a prima facie showing that the IRS investigation is being conducted for a legitimate
purpose, that the inquiry may be relevant to that purpose, that the information sought is
not already within the Commissioner’s possession, and that the administrative steps
required by the Internal Revenue Code have been followed, see United States v. Powell,
379 U.S. 48 (1964), the burden has shifted to Respondent to oppose enforcement of the
summons;

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3. If Respondent has any defense to present or opposition to the Petition, such

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defense or opposition shall be made in writing, filed with the Clerk and served on counsel

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for the United States, at least 21 days prior to the date set for the show-cause hearing.

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The United States may file a reply memorandum to any opposition at least 14 days prior

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to the date set for the show-cause hearing.

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4. At the show-cause hearing, the Court will consider all issues raised by Respondent.

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Only those issues brought into controversy by the responsive pleadings and supported by

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an affidavit or declaration will be considered. Any uncontested allegation in the Petition

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will be considered admitted.

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ORDERED this 14 day of August, 2013, at San Francisco, California.

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UNITED STATES DISTRICT JUDGE
William Alsup

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United States v. Ramiro Faz
No. CV
[Proposed] Order

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