UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 19, 2011
UNITED STATES OF AMERICA AND LORENA RAMOS, REVENUE OFFICER, INTERNAL REVENUE SERVICE,
JEFFREY D. SETTLE, KATHRYN A SETTLE, AND JEFFREY D. SETTLE, AS PRESIDENT OF SETTCO LTD.,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
BENJAMIN B. WAGNER United States Attorney GLEN F. DORGAN (SBN 160502) Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Petitioners United States of America and Revenue Officer Lorena Ramos
PETITIONERS' NOTICE OF COMPLIANCE AND SUGGESTION TO CLOSE FILE; ORDER THEREON TO THIS HONORABLE COURT: PLEASE TAKE NOTICE:
1. Petitioner and Respondents met and conferred concerning the documents and information sought by the summons at issue in the above-captioned tax summons enforcement proceeding.
2. While Respondents did not produce all documents sought by the summons, Respondents and their tax advisor made representations to Petitioner that the missing documents do not exist.
3. Based on (i) Respondents' production of a substantial portion of the documents sought; (ii) Respondents representations about missing documents; and (iii) the fact that the summons is limited in scope of time and is not a "continuing" summons, it is Petitioner's view that Respondents have materially complied with the summons at issue.
THEREFORE, Petitioner submits that the case can and should be closed, without prejudice to Petitioner's right to proceed with further investigation through service of a continuing summons and, if necessary, to initiate any new Court proceedings to enforce any such continuing summons. A proposed order is attached.
ORDER Based upon Petitioners' statement that Respondents have materially complied, this case is hereby closed.
IT IS SO ORDERED.
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