Opinion
No. 3-04-CV-555-R.
July 13, 2004
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to the District Court's order of reference filed on March 18, 2004, on July 13, 2004, came on to be considered Timothy Neil Marks's Petition to Quash Internal Revenue Service Third Party summons filed on March 16, 2004. Mr. Marks appeared through his counsel, Andrew M. Chatham and the government appeared through its counsel, and the magistrate judge finds and recommends as follows:
At the beginning of the hearing Mr. Chatham orally moved to dismiss the petition filed on March 16, 2004, with prejudice.
RECOMMENDATION:
It is recommended that the District Court grant Marks's oral motion and that it order that the petition filed in this action be dismissed with prejudice and that the court further order that agents of the Internal Revenue Service be permitted to proceed with execution of the third-party summons previously served on Mortgage Leasing Associates, LLC on a date, time and place to be designated by an IRS revenue agent after conferring with a representative of Mortgage Leasing Associates, LLC.
A copy of this recommendation shall be transmitted to counsel for the parties.