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United States of America v. Irs Summons Joseph R. Snider

UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


January 14, 2013

UNITED STATES OF AMERICA,
PETITIONER,
v.
IRS SUMMONS JOSEPH R. SNIDER, RESPONDENT.

AMENDED [PROPOSED] ORDER ADOPTING REPORT AND RECOMMENDATION TO ENFORCE

On December 10, 2012, the Honorable Magistrate Judge Maria Elena-James made a 18 Report and Recommendation to enforce the IRS Summons as requested in the Petition. See Doc. 19 # 8. The Report found that the government had carried its "slight" burden to show that the 20 Summons: (1) was issued for a legitimate purpose; (2) seeks information relevant to that 21 purpose; (3) seeks information that is not already in the IRS's possession; and (4) satisfies all of 22 the administrative steps set forth in the Internal Revenue Code. United States v. Powell, 379 23 U.S. 48, 57-58 (1964).

1 This matter was transferred to the undersigned on December 11, 2012. Respondent 2 Joseph R. Snider has made no appearance, and filed no objections to the Report within the time 3 allowed under 28 U.S.C. § 636(b)(1). The Court has reviewed Magistrate Judge James' Report 4 and Recommendation, and finds the Report correct, well-reasoned and thorough, and adopts it in 5 every respect. Accordingly, the Petition is GRANTED. The Court orders Respondent Joseph R. 6 Snider to appear before Revenue Agent Meiling Yang, or any other designated Revenue Agent, 7 on February 1, 2013, at 10 a.m., at the Offices of the Internal Revenue Service located at 1900 8 O'Farrell Street, Suite 200, San Mateo, CA, 94403, to provide the testimony and produce the 9 documents and records requested by the Summons. Petitioner shall serve this Order and a copy 10 of the Summons on Respondent Joseph R. Snider, and file proof of service with the Court, within 11 three days of the date of this Order. 12 13 Dated January ___, 2013 14

PHYLLIS J. HAMILTON 15 United States District Judge 16 17 18 Respectfully submitted, 19 MELINDA HAAG United States Attorney 20 s/ Michael G. Pitman 21 MICHAEL G. PITMAN Assistant United States Attorney, Tax Division 22 Attorneys for the United States of America 23 24

20130114

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