Belcik v. United States of America
| Joseph Belcik |
| United States of America |
| 2:2020cv00461 |
| March 2, 2021 |
| US District Court for the Northern District of Alabama |
| Madeline Hughes Haikala |
| Tax Suits: IRS-Third Party |
| 26 U.S.C. ยง 7609 |
| None |
Docket Report
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| Document Text |
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| Filing 16 MOTION to Vacate #14 Memorandum Opinion by Joseph Belcik. (KEK) |
| Filing 15 MOTION for Reconsideration re #14 Memorandum Opinion,, by Joseph Belcik. (KEK) |
Filing 14
MEMORANDUM OPINION - The Court has liberally construed Mr. Belcik's motions and supplemental briefing and has found no support for Mr. Belcik's argument that the IRS is engaged in an abuse of process. Because Mr. Belcik has not offered credible evidence to support his arguments for quashing the summonses, the Court denies his Motions to Quash (Docs. #1 , #9 , #11 ), Motion for Default Judgment (Doc. #6 ), and Motion for Summary Judgment or Motion to Examine Agent John Clark (Doc. #8 ). Consequently, the United States Motion to Dismiss or Alternatively, Motion for Summary Judgment is moot. (Doc. #4 ). The Court will enter a final order closing this matter. Signed by Judge Madeline Hughes Haikala on 4/2/2021. (KEK)
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| Filing 13 MOTION for Leave to File Supplemental Declaration of John Clark, Revenue Agent by United States of America. (Attachments: #1 Affidavit Supplemental Declaration of John Clark, Revenue Agent, #2 Exhibit Attachment 7: Summons to Bank of America with enclosures, #3 Exhibit Attachment 8: Summons to Regions Bank with enclosures, #4 Exhibit Attachment 9: Notice to Belcik of Bank of America Summons with enclosures, #5 Exhibit Attachment 10: Notice to Belcik of Regions Bank Summons with enclosures)(Ragland, Edward) |
| Filing 12 REPLY Brief filed by Respondent United States of America re: #4 MOTION to Dismiss or Atlernatively, Motion for Summary Judgment and Response to Show Cause Order filed by United States of America. (Attachments: #1 Appendix Certain Legal Authorties Cited in Reply Brief)(Ragland, Edward) |
| Filing 11 MOTION to Quash by Joseph Belcik. (KEK) |
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Filing 10
TEXT ORDER: Consistent with the discussion held during the motion hearing on 3/2/2021, Mr. Belcik shall please file a supplemental brief on or before 3/16/2021; the United States may file a responsive brief no later than 3/30/2021. The briefs shall not exceed 25 pages. Signed by Judge Madeline Hughes Haikala on 3/15/2021. (YMB)
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| Filing 9 MOTION to Quash and Dismiss and Memorandum of Law by Joseph Belcik. (KEK) |
| Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Motion Hearing held via Zoom videoconference on 3/2/2021 re #4 Motion to Dismiss or Atlernatively, Motion for Summary Judgment and Response to Show Cause Order filed by United States of America. Order to follow. (Court Reporter Leah Turner.) (YMB) |
| Filing 8 MOTION for Summary Judgment or to Exam Agent John Clark in Person Under Oath by Joseph Belcik. (KEK) |
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Filing 7
TEXT ORDER: Before the Court is Mr. Belcik's petition to quash (Doc. #1 ), the United States motion to dismiss and alternatively, motion for summary judgment (Doc. #4 ), and Mr. Belcik's motion for default judgment (Doc. #6 ). The Court sets this matter for a hearing via Zoom at 1:00 p.m. CST on March 2, 2021. By a separate email, the Court will provide the Zoom meeting information to the parties. Signed by Judge Madeline Hughes Haikala on 2/23/2021. (KEK)
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| Filing 6 RESPONSE to #4 Motion to Dismiss and MOTION for Default Judgment as to by Joseph Belcik. (KEK) |
| Filing 5 Brief re #4 MOTION to Dismiss or Atlernatively, Motion for Summary Judgment and Response to Show Cause Order . (Ragland, Edward) |
| Filing 4 MOTION to Dismiss or Atlernatively, Motion for Summary Judgment and Response to Show Cause Order by United States of America. (Attachments: #1 Affidavit Declaration of John Clark, Revenue Agent, #2 Exhibit Attachment 1: June 2018 Letter with enclosures, #3 Exhibit Attachement 2: February 2020 Letter with enclosures, #4 Exhibit Attachment 3: Two IRS Letters 3164 E, #5 Exhibit Attachment 4: IRS Third Party Summons to Bank of America, dated March 23, 2020, #6 Exhibit Attachment 5, IRS Third Party Summons to Regions Bank, dated March 23, 2020, #7 Exhibit Attachment 6: IRS Forms 2039 and certified mail receipts)(Ragland, Edward) |
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Filing 3
ORDER TO SHOW CAUSE: Mr. Belcik has filed a petition to quash a 2039 collection summons issued on his accounts at Regions Bank and Bank of America. (Doc. #1 ). By February 9, 2021, the United States shall explain why the Court should not grant the relief that Mr. Belcik requests. Signed by Judge Madeline Hughes Haikala on 1/8/2021. (KEK)
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| Filing 2 NOTICE of proof of service by Joseph Belcik (KAM) |
| Filing 1 MOTION to Quash by Joseph Belcik. (Attachments: #1 Civil Cover Sheet)(JLC) |
| Filing Fee received in the amount of $47.00, receipt number B4601105181. (JLC) |
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| Petitioner: Joseph Belcik | |
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| Respondent: United States of America | |
| Represented By: | Edward Q Ragland |
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