Opinion
Civil No. 2:03CV 00890 PGC
December 5, 2003
PAUL M. WARNER, JEANNETTE F. SWENT, Salt Lake City, Utah, for United States of America
ORDER
A hearing on this Court's Order to Show Cause was held before Magistrate Judge Wells on December 3, 2003, at 10:00 a.m. Petitioner was represented by Assistant U.S. Attorney Jeannette F. Swent; Respondent Mr. Lutz appeared pro se.
Based upon representations and arguments presented at the hearing,
IT IS HEREBY ORDERED that Respondent shall file and serve any written response to the United States' Petition to Enforce Internal Revenue Service Summons, supported by appropriate sworn statements, as well as any motions he desires to make, on or before Friday, December 19, 2003. As stated in this Court's Order to Show Cause, only those issues raised by motion or brought into controversy by such responsive pleadings and supported by sworn statements and filed by the specified date will be considered by the Court. All allegations in the Petition not contested by such responsive pleadings or by sworn statements will be deemed admitted.
IT IS FURTHER ORDERED that Respondent shall appear before Revenue Officer Connie Miller on Monday, January 5, 2004, at 9 a.m. at her office with books, papers, records, and other data regarding Respondent's tax liability as specified in the Internal Revenue Summons previously directed to and served upon Respondent.
IT IS FURTHER ORDERED that the hearing on the Court's Order to Show Cause why Respondent should not be compelled to testify or to produce the information required and called for by the terms of the Internal Revenue Service Summons (including attachments thereto) directed to and served upon him is continued until Friday, January 9, 2004, at 10 a.m., before Magistrate Judge Wells.