Guerrero v. California Department of Corrections & Rehabilitation et al

Filing 250

REQUEST FOR MORE BRIEFING. Signed by Judge Alsup on 7/7/2015. (whalc2, COURT STAFF) (Filed on 7/7/2015)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 VICTOR GUERRERO, 11 For the Northern District of California United States District Court 10 Plaintiff, 12 13 14 15 v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE PERSONNEL BOARD; et al., REQUEST FOR MORE BRIEFING Defendants. / 16 17 No. C 13-05671 WHA At the time the parties submit responses to the opposing side’s proposed findings of fact 18 and conclusions of law, please add one page and address the following: What does our trial 19 record show as to what notices or other reaction the IRS sends an employer after the employer 20 reports wages and withholding to the IRS under a SSN not validly issued to the employee? One 21 reading of Professor Caroline Chen’s trial testimony is that the IRS does not notify the employer 22 of the invalid SSN (but this is an inference, not a direct statement). Furthermore, what does our 23 trial record show concerning the extent to which an employer typically learns that one of its 24 employees is reporting taxes under an ITIN, and when it does learn, is this a tip off that the 25 employee is using an invalid SSN? 26 27 28 Dated: July 7, 2015. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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