Opinion

United States v. Ronald J. Channels

Court
District Court, C.D. California
Filed
Nov 21, 2019
Cited by
0 cases
Authority
More cited than 17.8%

The opinion

1 NICOLA T. HANNA

United States Attorney

2 THOMAS D. COKER

Assistant United States Attorney

3 Chief, Tax Division

GAVIN L. GREENE (Cal. Bar No. 230807)

4 Assistant United States Attorney

Federal Building, Suite 7211

5 300 North Los Angeles Street

Los Angeles, California 90012

6 Telephone: (213) 894-4600

Facsimile: (213) 894-0115

7 E-mail: Gavin.Greene@usdoj.gov

8 Attorneys for the United States of America

9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

SOUTHERN DIVISION

12

13 United States of America, Case No. 8:19-cv-02227-DOC (KESx)

14 Petitioner, Order to Show Cause

15 v.

16 Ronald J. Channels, President of

RJ Channels, Inc.,

17

Respondent.

18

19

20 Based upon the Petition to Enforce Internal Revenue Service

21 Summons, Memorandum of Points and Authorities, and supporting

22 Declaration, the Court finds that Petitioner has established a prima facie

23 case for judicial enforcement of the subject Internal Revenue Service (IRS)

24 summons. See United States v. Powell, 379 U.S. 48, 57-58, 85 S.Ct. 248, 255,

25 13 L.Ed.2d 112, 119 (1964).

26 IT IS ORDERED that Respondent appear before this District Court of

27 the United States for the Central District of California, at the following date,

1 records, and other data demanded in the subject IRS summons should not be

2 compelled:

3

4 Date: Monday, January 27, 2020

8:30 a.m.

5 Time:

6 Courtroom:

7 Address: G United States Courthouse

8 350 West First Street, Los Angeles, CA 90012

9 G Roybal Federal Building and United States Courthouse

10 255 E. Temple Street, Los Angeles, California, 90012

11 GX Ronald Reagan Federal Building and United States

12 Courthouse

13 411 West Fourth Street, Santa Ana, California, 92701

14 G Brown Federal Building and United States Courthouse

15 3470 Twelfth Street, Riverside, California, 92501

16

17 IT IS FURTHER ORDERED that copies of the following documents

18 be served on Respondent (a) by personal delivery, (b) by leaving a copy at

19 Respondent’s dwelling or usual place of abode with someone of suitable age

20 and discretion who resides there, or (c) by certified mail:

21

22 1. This Order; and

23 2. The Petition, Memorandum of Points and Authorities, and

24 accompanying Declaration.

25

26 Service may be made by any employee of the IRS or the United States

27 Attorney’s Office.

1 IT IS FURTHER ORDERED that within ten (10) days after service

2 upon Respondent of the herein described documents, Respondent shall file

3 and serve a written response, supported by appropriate sworn statements, as

4 well as any desired motions. If, prior to the return date of this Order,

5 Respondent files a response with the Court stating that Respondent does not

6 oppose the relief sought in the Petition, nor wish to make an appearance,

7 then the appearance of Respondent at any hearing pursuant to this Order to

8 Show Cause is excused, and Respondent shall comply with the summons

9 within ten (10) days thereafter.

10 IT IS FURTHER ORDERED that all motions and issues raised by

11 the pleadings will be considered on the return date of this Order. Only those

12 issues raised by motion or brought into controversy by the responsive

13 pleadings and supported by sworn statements filed within ten (10) days after

14 service of the herein described documents will be considered by the Court.

15 All allegations in the Petition not contested by such responsive pleadings or

16 by sworn statements will be deemed admitted.

17

18 DATED: November 21, 2019 ___________________________________

DAVID O. CARTER

19

UNITED STATES DISTRICT JUDGE

20

21 Respectfully submitted,

NICOLA T. HANNA

22

United States Attorney

23 THOMAS D. COKER

24 Assistant United States Attorney

Chief, Tax Division

25

26 /s/

GAVIN L. GREENE

27

Assistant United States Attorney

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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