Personett v. Internal Revenue Service

Justia Dockets & Filings Tenth Circuit Colorado District Court Personett v. Internal Revenue Service

Personett v. Internal Revenue Service

Petitioner:	Joseph Personett
Respondent:	Internal Revenue Service
Case Number:	1:2009cv01258
Filed:	May 29, 2009
Court:	US District Court for the District of Colorado
Office:	Denver Office
County:	El Paso
Presiding Judge:	Philip A. Brimmer
Presiding Judge:	Kathleen M. Tafoya
Nature of Suit:	None
Cause of Action:	26 U.S.C. § 7609 IRS: Petition to Quash IRS Summons
Jury Demanded By:	None

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Date Filed	Document Text
September 24, 2009	Filing 7 ORDER accepting 6 Recommendation of United States Magistrate Judge. Respondents Internal Revenue Service and May A. Brown are dismissed, and the United States is substituted in their place as the sole respondent. Granting 3 The United States' Motion to Dismiss. Denying 1 Petition to Quash I.R.S. Summons. This matter, and all claims asserted therein, is dismissed with prejudice, by Judge Philip A. Brimmer on 9/24/09.(ebs, )
September 3, 2009	Filing 6 REPORT AND RECOMMENDATIONS: re 3 MOTION to Dismiss for Lack of Jurisdiction Failure to State a Claim Upon Which Relief May Be Granted, and Insufficient Service of Process by Respondent Internal Revenue Service be granted as follows: Respondents IRS and Revenue Agent Brown be DISMISSED, and that theUnited States be SUBSTITUTED in their place as the sole respondent; The Petition 1 be DENIED insofar as it seeks to quash the IRS summons served on NSB, for lack of subject matter jurisdiction; The Petition 1 be DENIED insofar as it seeks to quash the IRS summons served on RJF for insufficient service of process on the United States; The Petition 1 be SUMMARILY DENIED as to the summonses served on NSB and RJF, pursuant to the standards set forth in United States v. Powell, 379 U.S. 48 (1964); and this case be DISMISSED with prejudice in its entirety by Magistrate Judge Kathleen M. Tafoya on 9/3/09. (kmtcd)

Date Filed

Document Text

September 24, 2009

Filing 7 ORDER accepting 6 Recommendation of United States Magistrate Judge. Respondents Internal Revenue Service and May A. Brown are dismissed, and the United States is substituted in their place as the sole respondent. Granting 3 The United States' Motion to Dismiss. Denying 1 Petition to Quash I.R.S. Summons. This matter, and all claims asserted therein, is dismissed with prejudice, by Judge Philip A. Brimmer on 9/24/09.(ebs, )

September 3, 2009

Filing 6 REPORT AND RECOMMENDATIONS: re 3 MOTION to Dismiss for Lack of Jurisdiction Failure to State a Claim Upon Which Relief May Be Granted, and Insufficient Service of Process by Respondent Internal Revenue Service be granted as follows: Respondents IRS and Revenue Agent Brown be DISMISSED, and that theUnited States be SUBSTITUTED in their place as the sole respondent; The Petition 1 be DENIED insofar as it seeks to quash the IRS summons served on NSB, for lack of subject matter jurisdiction; The Petition 1 be DENIED insofar as it seeks to quash the IRS summons served on RJF for insufficient service of process on the United States; The Petition 1 be SUMMARILY DENIED as to the summonses served on NSB and RJF, pursuant to the standards set forth in United States v. Powell, 379 U.S. 48 (1964); and this case be DISMISSED with prejudice in its entirety by Magistrate Judge Kathleen M. Tafoya on 9/3/09. (kmtcd)

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Petitioner: Joseph Personett
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Respondent: Internal Revenue Service
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