United States of America v. In the Matter of the Tax Indebtedness of DANIEL T. JOHNSON

Filing 2

NOTICE and ORDER to SHOW CAUSE. Signed by Judge Donald W. Molloy on 5/18/2017. (NOS) USM-285, Notice and Order to Show Cause, Petition, and Declaration provided to USM for service. (NOS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

FILED
MAY 18 2
017
Cle~. U S District Court
Drstnct Of Montana
Missoula

CV 17- 34-M-DWM

NOTICE AND ORDER TO SHOW
CAUSE
In the Matter of the Tax Indebtedness
of DANIEL T. JOHNSON

You, Daniel T. Johnson, are hereby notified that the United States has
petitioned this Court for an Order allowing the Internal Revenue Service to LEVY
upon the real property located at 943 North Canyon Drive, Seeley Lake, Montana
59868, with the legal description of:
SOI, Tl6 N, R 15 W, C.O.S. 103, PARCEL 4, IN NE4.
The levy will allow the Internal Revenue Service to sell your interest to satisfy
part or all of your unpaid tax liabilities for the taxable years ending December 31,
2006; December 31 , 2008; December 31 , 2009; December 31, 2010; December 31 ,
2011; and December 31, 2012, plus interest and penalties according to law.
The Court has examined the Petition of the United States and accompanying

-1-

Declaration, and IT IS ORDERED that you have 60 days from the date of this
Order to file with the Clerk of the Court a written OBJECTION TO PETITION.
Any written objection should demonstrate either that:
A.

Your liability has been fully satisfied; or

B.

You have other assets from which the unpaid tax liabilities can be
fully satsified; or

C.

Applicable laws and administrative procedures relevant to the levy
were not followed by the Internal Revenue Service.

IT IS FURTHER ORDERED that if you file a written objection with the
Clerk of the Court, the Court will hold a hearing to consider your objections, at
which you must appear, and which will be scheduled when you file your objection.
The United States shall be able to file a written response to your objection no later
than 21 days before such a hearing.
IT IS FURTHER ORDERED that, in addition to filing your objection with
the Clerk of Court, you must also mail a copy to the attorney for the United States,
Alex Halverson, U.S. Department of Justice, Tax Division, Western Region, P.O.
Box 683, Washington, D.C. 20044, on or before the filing date.
If you do not file an OBJECTION TO PETITION within 60 days of the
date of this Order, or if you file an OBJECTION TO PETITION but fail to
-2-

appear before the Court as instructed, the Court will enter an ORDER
APPROVING AN INTERNAL REVENUE SERVICE LEVY ON THE REAL
PROPERTY LOCATED AT 943 North Canyon Drive, Seeley Lake, Montana
59868.

IT IS FURTHER ORDERED that a copy of this NOTICE AND ORDER TO
SHOW CAUSE, together with the Petition and Declaration, shall be served upon
Daniel T. Johnson within seven (7) days of the date of this Order, by the United
States Marshal or any deputy United States Marshal, any Revenue Officer of the
Internal Revenue Service, or an individual authorized to serve process under the
Federal Rules, by delivering a copy in hand to DANIEL T. JOHNSON or by
leaving a copy at Daniel T. John's dwelling or usual place of abode with a person
of suitable age and discretion residing therein, or by some other manner of service
described in Federal Rule of Civil Procedure 4( c)(1 ).

DATED this

Ji_~y ofMay, 2017.

United

-3-