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United States v. Tervort

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 6, 2009

UNITED STATES OF AMERICA, AND MIKE GOODE, REVENUE OFFICER, INTERNAL REVENUE SERVICE, PETITIONERS,
v.
ALLAN D. TERVORT, RESPONDENT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER RE: CONTEMPT

This civil proceeding, relating to enforcement of an Internal Revenue Service Summons, came before the Court on May 4, 2009, following the Magistrate Judge's Certification of Facts Concerning Petition Re: Contempt of Order Filed January 11, 2008 and Order Setting the Matter for Hearing and Judgment of Contempt Before the District Judge Pursuant to 28 U.S.C. § 636(e)(6)(B) (Doc. 47). Benjamin E. Hall, Assistant United States Attorney, appeared on behalf of Petitioners, the United States of America and Mike Goode, Revenue Officer, who was also present. Respondent, Allan D. Tervort, personally appeared at the hearing. The Court has carefully reviewed the file, conducted a de novo review of the case, and considered the arguments of the parties at the hearing.

Accordingly, IT IS HEREBY ORDERED that:

1. Respondent's production of the documents described in the Summons, a copy of which is attached to this Order as Exhibit A, is not privileged under the Fifth Amendment.

2. Respondent's answers to the questions posed by Revenue Officer Mike Goode on February 21, 2008, specifically (1) where Respondent banks and (2) where Respondent works, are not privileged under the Fifth Amendment.

3. Respondent shall personally appear in obedience to the Summons on May 15, 2009, at 10 a.m., at the IRS office located at 4825 Coffee Road, Bakersfield, California 93308.

4. This contempt proceeding is stayed pending Respondent's response to the Summons.

IT IS SO ORDERED.

20090506

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