VEG Corp, Inc. v. United States of America

Filing 12

ORDER Granting 11 Motion to Extend Time Re: 1 Motion to Quash. Responses due by 5/22/2018. Signed by Magistrate Judge Nancy J. Koppe on 3/8/2018. (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: 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. Case No. 2:17-CV-02893-JCM-NJK JOINT MOTION FOR A SECOND SIXTY-DAY EXTENSION FOR RESPONSE TO PETITION SECOND REQUEST LR IA 6-1, 6-2 and 7-1 18 COMES now Petitioner Veg. Corp., Inc. and Respondent United States of America, by 19 and through their undersigned counsel, and submit a Second Joint Motion to extend the time in 20 which the United States has to respond to the Petition for an additional period of sixty (60) days 21 up until May 22, 2018. This extra time period is sought because after the filing of the prior Joint 22 Motion, Petitioner located and produced to the IRS a substantial quantity of additional 23 documentation or records which are currently being reviewed by the IRS examination agents: 24 25 1 5 1 1. On November 17, 2017, Veg Corp., Inc. (“Veg Corp.”) filed its Petition to quash 2 a Formal Document Request issued by the Internal Revenue Service (“IRS”) to Petitioner with 3 respect to foreign-based documentation in accordance with 26 U.S.C. (IRC) § 982(c)(2). 4 2. The IRS is conducting an audit examination of Veg Corp.’s corporate income tax 5 return for the year 2013. In connection with the examination, the IRS issued several Information 6 Document Requests (“IDR”) to Veg Corp. 7 3. On August 21, 2017, the IRS issued a Formal Document Request to Veg Corp. 8 under IRC § 982 in which it contended that Veg Corp.’s responses to the IDRs were insufficient 9 or incomplete. On November 15, 2017, the IRS granted Veg Corp an extension until December 10 15, 2017 in which to respond to the Formal Document Request. 11 12 4. Veg Corp. thereafter filed this Petition to quash the Formal Document Request in accordance with IRC § 982(c)(2) for the reasons stated in its Petition. 13 5. Following service of process of the Petition on the United States, the parties filed 14 a (First) Joint Motion to provide the United States with a sixty-day extension up to March 23, 15 2018 in which to respond to the Petition (ECF No. 9). On December 22, 2017, the Joint Motion 16 was granted by the Court (ECF No. 10). 17 6. On January 2, 2018, Petitioner submitted to the IRS thousands of additional newly 18 discovered documents regarding its business activities for the periods under audit. These records 19 were apparently discovered after the filing of this proceeding. The documents were originally 20 produced in a format which was not easily accessible by the IRS exam team. On February 27, 21 2018, the Petitioner sent the records to the IRS in another electronic format. These records are 22 now currently under review by the IRS exam team. The additional time sought herein will also 23 provide more time for the parties to further discuss narrowing or clarifying the issues involved 24 herein. 25 2 5 1 7. The parties therefore seek a second sixty-day extension up until May 22, 2018 in 2 which the United States has to respond to the Petition. 3 DATED: March 8, 2018 /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 4 5 6 7 8 Of Counsel STEVEN W. MYHRE Acting United States Attorney 9 Attorneys for the United States 10 GREENBERG TRAURIG, LLP 11 12 DATED: March 8, 2018 /s/DONALD L. PRUNTY, ESQ. MARK E. FERRARIO, ESQ. DONALD L. PRUNTY, ESQ. 3773 Howard Hughes Parkway Suite 400N Las Vegas, Nevada 89169 13 14 15 Attorneys for Petitioner 16 17 IT IS SO ORDERED. 18 IT IS SO ORDERED: Dated: March 8, 2018 19 20 21 UNITED STATES DISTRICT COURT JUDGE _________________________________ UNITED STATES MAGISTRATE JUDGE DATED: 22 23 24 25 3 5

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