United States of America v. Storks
||August 30, 2006
||US District Court for the District of Arizona
||Phoenix Division Office
||Stephen M McNamee
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
||26 U.S.C. § 7402 IRS: Petition to Enforce IRS Summons
|Jury Demanded By:
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|August 30, 2006
ORDER granting petitioner's 1 Petition/Motion to Enforce IRS Summons issued to respondent Kyle W. Storks based upon petitioner having met the United States v. Powell, 379 U.S. 48 (1964) criteria for summons enforcement and respondent, although having failed to file a formal pleading, stipulating to turning over the summoned documents and testimony to IRS; FURTHER ORDERED that respondent Kyle W. Storks shall produce the documents and testimony required in the summons on or before 10/20/06 to the U.S. Attorney's Office, Two Renaissance Square, 40 North Central Ave, Ste 1200, Phoenix, AZ 85004-4408 or respondent shall contact Revenue Officer Russell Nelson, 40 West Baseline Rd, Ste 213, Tempe, AZ 85283 or at (602) 207-8376 to sched ule a time and place to produce the documents and testimony identified in the summons on or before 10/20/06; FURTHER ORDERED that respondent may comply within this order by providing the testimony, and all documents and records specified in the summo ns issued on 1/12/06, that he possesses or controls regarding his federal tax liability for the tax periods ending on 12/31/96 and 12/31/97; FURTHER ORDERED that respondent's non-compliance with the terms and conditions of this order may serve a s grounds for a finding of civil contempt against him; FURTHER ORDERED that the Clerk of Court shall remove the motion for order to show cause 2 from the pending motions report, as that motion was disposed of on 6/27/06 3. Signed by Judge Stephen M McNamee on 8/29/2006. (LAD)
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