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United States v. Ashby

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Mar 21, 2013
3:13-cv-00586-JCS (N.D. Cal. Mar. 21, 2013)

Opinion

3:13-cv-00586-JCS

03-21-2013

UNITED STATES OF AMERICA, Petitioner, v. ANDREA E. ASHBY, Respondent.


[Proposed] ORDER TO SHOW CAUSE

WHY PATERNAL REVENUE SERVICE

SUMMONS SHOULD NOT BE

ENFORCED

Upon consideration of the United States' Petition to Enforce Internal Revenue Summons and the exhibits in support thereof, the Court finds that the United States has established a prima facie case under United States v. Powell, 379 U.S. 48 (1964), for enforcement of the Internal Revenue Service summons at issue.

Accordingly, IT IS HEREBY ORDERED that Respondent Andrea E. Ashby ("Respondent") appear before the undersigned United States Magistrate Judge, on the 10th day of May, 2013 , at 1:30 a.m./p.m., in Courtroom No. G, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, and then and there show cause, if any, why Respondent should not be compelled to appear and provide documents and testimony as required by the summons.

It is further ORDERED that:

1. A copy of this Order, together with the Petition to Enforce Internal Revenue Service Summons and supporting papers, shall be served upon Respondent in accordance with Rule 4 of the Federal Rules of Civil Procedure at least thirty-five days before the date set for the show-cause hearing;

2. Since the Petition to Enforce Internal Revenue Summons and supporting papers make a prima facie showing that the IRS investigation is being conducted for a legitimate purpose, that the inquiry may be relevant to that purpose, that the information sought is not already within the Commissioner's possession, and that the administrative steps required by the Internal Revenue Code have been followed, see United States v. Powell, 379 U.S. 48 (1964), the burden has shifted to Respondent to oppose enforcement of the summons;

3. If Respondent has any defense or opposition to the Petition, such defense or opposition shall be made in writing, filed with the Clerk and served on counsel for the United States, at least 21 days prior to the date set for the show-cause hearing. The United States may file a reply memorandum to any opposition at least 14 days prior to the date set for the show-cause hearing.

4. At the show-cause hearing, the Court will consider all issues raised by Respondent. Only those issues brought into controversy by the responsive pleadings and supported by an affidavit or declaration will be considered. Any uncontested allegation in the Petition will be considered admitted.

ORDERED this 21st day of March,2013, at San Francisco, California.

________________

Joseph C. Spero

UNITED STATES MAGISTRATE JUDGE


Summaries of

United States v. Ashby

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Mar 21, 2013
3:13-cv-00586-JCS (N.D. Cal. Mar. 21, 2013)
Case details for

United States v. Ashby

Case Details

Full title:UNITED STATES OF AMERICA, Petitioner, v. ANDREA E. ASHBY, Respondent.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Mar 21, 2013

Citations

3:13-cv-00586-JCS (N.D. Cal. Mar. 21, 2013)