VEG Corp, Inc. v. United States of America

Filing 10

ORDER Granting 9 Motion to Extend Time Re: 1 Motion to Quash. Responses due by 3/23/2018. Signed by Magistrate Judge Nancy J. Koppe on 12/22/2017. (Copies have been distributed pursuant to the NEF - ADR)

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1 RICHARD E. ZUCKERMAN Principal Deputy Assistant Attorney General 2 3 4 5 6 7 HENRY C. DARMSTADTER Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 Telephone: (202) 307-6481 Facsimile: (202) 307-0054 E-mail: henry.c.darmstadter@usdoj.gov 8 Of Counsel STEVEN W. MYHRE Acting United States Attorney 9 Attorneys for the United States of America 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA SOUTHERN DIVISION 11 12 13 VEG CORP., INC, 14 Petitioner, 15 ) ) ) ) ) ) ) ) ) v. 16 UNITED STATES OF AMERICA, 17 Respondent. 18 Case No. 2:17-CV-02893-JCM-NJK JOINT MOTION FOR SIXTY-DAY EXTENSION FOR UNITED STATES TO RESPOND TO PETITION FIRST REQUEST LR IA 6-1, 6-2 and 7-1 COMES now Petitioner Veg. Corp., Inc. and Respondent United States of America, by 19 and through their undersigned counsel, and submit a Joint Motion to extend the time in which the 20 United States has to respond to the Petition for a period of sixty (60) days: 21 1. On November 17, 2017, Veg Corp., Inc. filed its petition to quash a 22 Formal Document Request issued by the Internal Revenue Service 23 respect to foreign-based documentation in accordance with 26 U.S.C. (IRC) § 982(c)(2). 24 25 1 to Petitioner with 1 2. The IRS is conducting an audit corporate income tax 2 return for the year 2013. In connection with the examination, the IRS issued several Information 3 Document Request 4 3. 5 under IRC § 982 6 or incomplete. On November 15, 2017, the IRS granted Veg Corp an extension until December 7 15, 2017 in which to respond to the Formal Document Request. 8 9 10 4. On August 21, 2017, the IRS issued a Formal Document Request to Veg Corp. were insufficient Veg Corp. has now filed this Petition to quash the Formal Document Request in accordance with IRC § 982(c)(2) for the reasons stated in its Petition. 5. On or about November 22, 2017, the Petitioner served the United States Attorney 11 for the District of Nevada with a copy of the Summons and Petition. The United States response 12 to the Petition is currently due by January 22, 2018. 13 14 15 6. By this Joint Motion, the United States seeks a sixty-day extension until March 23, 2018 in which to respond to the Petition. 7. The additional time sought will allow counsel for the United States to carefully 16 consider the merits of the claims raised by the Petitioner, and give sufficient time to the parties to 17 discuss narrowing or clarifying the issues involved herein. 18 19 DATED: December 21, 2017 /s/Henry C. Darmstadter HENRY C. DARMSTADTER Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683 Ben Franklin Station Washington, D.C. 20044-0683 (202) 307-6481 20 21 22 23 24 Of Counsel STEVEN W. MYHRE Acting United States Attorney 25 Attorneys for the United States 2 GREENBERG TRAURIG, LLP 1 2 DATED: December 21, 2017 5 /s/DONALD L. PRUNTY, ESQ. MARK E. FERRARIO, ESQ. DONALD L. PRUNTY, ESQ. 3773 Howard Hughes Parkway Suite 400N Las Vegas, Nevada 89169 6 Attorneys for Petitioner 3 4 7 8 IT IS SO ORDERED: IT IS SO ORDERED. 9 10 11 12 13 UNITED STATES DISTRICT COURT JUDGE __________________________________ NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE DATED: DATED: December 22, 2017 14 15 16 17 18 19 20 21 22 23 24 25 3

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