Spadafora et al v. United States Commissioner of Internal Revenue Service et al

Filing 3

ORDER TO SHOW CAUSE. Show Cause Response due by 1/7/2011. Signed by Judge Koh on 12/6/2010. (Attachments: # 1 Certificate of mailing)(lhklc1, COURT STAFF) (Filed on 12/6/2010)

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Spadafora et al v. United States Commissioner of Internal Revenue Service et al Doc. 3 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Case No.: 10-MC-80224-LHK ORDER TO SHOW CAUSE Dockets.Justia.com UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MICHAEL T. SPADAFORA and KAREN K. SPADAFORA, v. Petitioners, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 10-MC-80224-LHK ORDER TO SHOW CAUSE UNITED STATES COMMISSIONER OF INTERNAL REVENUE SERVICE and REVENUE AGENT L. MEDEIROS, Respondents. Petitioners move this Court to quash the third party record keeper summons issued to Wells Fargo Bank by the Internal Revenue Service. It appears that Petitioners served Respondents on September 8, 2010. It is not clear whether Petitioners' service complied with 26 U.S.C. § 7609(b)(2)(B). The Court has received no response from Respondents. Accordingly, Respondents are ORDERED TO SHOW CAUSE in writing by January 7, 2011, as to why the summons should not be quashed or to otherwise respond. Petitioners are ordered to serve a copy of this Order on Respondents by registered or certified mail and file proof of service with the Court by Monday, December 13, 2010. Alternatively, if Petitioners no longer to seek to quash the summons, they shall file a notice of dismissal. IT IS SO ORDERED. Dated: December 6, 2010 _________________________________ LUCY H. KOH United States District Judge

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