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U.S. v. JACKSON

United States District Court, N.D. California, San Francisco Division


September 12, 2005.

UNITED STATES OF AMERICA and MARLENE LOW, Revenue Officer, Petitioners,
v.
WILLIE JACKSON, GENERAL PARTNER OF JANET AND TEACAKES, Respondents.

The opinion of the court was delivered by: CLAUDIA WILKEN, District Judge

[Proposed] ORDER HOLDING RESPONDENT IN CONTEMPT

THIS MATTER came before the Court on September 12, 2005, at 2:30 p.m., on the Petitioners' Request for Entry of Order of Contempt against Respondent, to determine whether the Respondent, Willie Jackson, General Partner of Janet and Teacakes, should be held in contempt and imprisoned and/or otherwise penalized for his failure to fully comply with this Court's June 24, 2005, Order Enforcing Summons. The Petitioners appeared through counsel. The Court having read and considered the Petitioners' Request and its supporting papers, the other papers and files in this case, and having heard and considered the evidence and arguments of the parties presented at the hearing, if any, and for good cause shown,

  THIS COURT HEREBY FINDS that pursuant to the June 24, 2005, Order Enforcing Summons, the Respondent, Willie Jackson, General Partner of Janet and Teacakes, was ordered to appear before the Internal Revenue Service on July 19, 2005, and then and there provide documents and testimony in response to the underlying IRS administrative summons served upon him. While the Respondent appeared as ordered, he failed to provide the documents requested in the summons.

  THE COURT FURTHER HEREBY FINDS that the Petitioners have established by clear and convincing evidence that the Respondent has failed to fully comply with the Court's June 24, 2005, Order Enforcing Summons, fulfilling their burden to make a prima facie showing of contempt. United States v. Rylander, 714 F.2d 996, 1001 (9th Cir. 1983).

  THE COURT FURTHER HEREBY FINDS that though the Respondent was provided with an opportunity to establish why he was unable to presently comply with the Court's Order, the Respondent has failed to satisfy this burden.

  Accordingly,

  IT IS HEREBY ORDERED that the Respondent, Willie Jackson, General Partner of Janet and Teacakes, is in contempt of this Court's June 24, 2005, Order Enforcing Summons. In light of his contempt, the Respondent, Willie Jackson, General Partner of Janet and Teacakes, is fined $ 1000 per day from the date of this Order until the date he fully complies with June 24, 2005 Order Enforcing Summons.

  IT IS FURTHER HEREBY ORDERED that if the Respondent, Willie Jackson, General Partner of Janet and Teacakes, complies with the June 24, 2005 Order Enforcing Summons, by appearing before the Internal Revenue Service and producing all documents and testimony as requested in the underlying summons, within ten days of the date of this Order Holding Respondent in Contempt, he will be purged of the monetary fine set forth above.

  IT IS FURTHER HEREBY ORDERED that if the Respondent, Willie Jackson, General Partner of Janet and Teacakes, fails to fully comply with the Court's June 24, 2005 Order Enforcing Summons, by failing to appear before the Internal Revenue Service within ten days of the date of this order and producing all documents and testimony as requested in the underlying summons, he shall immediately thereafter be arrested by the United States Marshals pursuant to this Court's bench warrant, and imprisoned until he fully complies with the Court's June 24, 2005 Order Enforcing Summons.

 

ORDERED. [Page 674, ]
20050912

© 1992-2005 VersusLaw Inc.



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