United States Of America v. Alberto

United States Of America v. Alberto

Plaintiff:	United States Of America
Defendant:	Rossy Alberto
Case Number:	3:2018cv01014
Filed:	May 15, 2018
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
County:	Luzerne
Presiding Judge:	A. Richard Caputo
Nature of Suit:	Taxes (US Plaintiff or Defendant)
Cause of Action:	26 U.S.C. § 7402
Jury Demanded By:	None

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Date Filed	Document Text
February 13, 2020	Filing 16 ORDER (memorandum filed previously as separate docket entry). (1) Plaintiffs Motion for Summary Judgment 13 is GRANTED. (2) Judgment is ENTERED in favor of Plaintiff United States of America and against Rossy Alberto, doing business as RA Multiserv ices and Immigration, RA Immigration Services, and RA Multiservices (collectively Defendant). (3) Defendant and her representatives, agents, servants, employees, attorneys, and those persons in active concert or participation with her are PERMANENTLY ENJOINED from:a. Preparing, filing, directing, aiding, or assisting in any way in the preparation or filing of any federal tax return, amended return, or other tax return form for any other person or entity; b. Owning, managing, controlling, working for, profiting from, or volunteering for any business, entity, or individual engaged in tax return preparation; c. Using, maintaining, renewing, obtaining, transferring, selling, or assigning any federal Preparer Tax Identification Number (PTIN) or Electronic Filing Identification Number (EFIN); d. Using any federally-issued identification number, including but not limited to PTIN, EFIN, Employer Identification Numbers (EIN), Taxpayer Identification Numbers (TIN), Social Security Number (SSN), that belongs or was assigned to another person or entity, to file or remit any federal income tax returns; e. Engaging in conduct or activity subject to penalty under 26 U.S.C. § 6694 of the Internal Revenue Code by understating taxpayers liabil ities; f. Engaging in conduct or activity subject to penalty under 26 U.S.C. § 6695 of the Internal Revenue Code, including but not limited to improperly using any PTINs, negotiating a refund check, or failing to exercise due diligence in determ ining eligibility for the American Opportunity Tax Credit. g. Engaging in conduct or activity subject to penalty under 26 U.S.C. § 6701 of the Internal Revenue Code including but not limited to, aiding or assisting others in the preparation of a ny document to be used in connection with a material matter arising under the Internal Revenue Code, which theDefendant know would, if so used, result in the understatement of tax liability; and h. Otherwise engaging in conduct or activity that subst antially interferes with the proper administration and enforcement of internal revenue laws. (4) This permanent injunction does not prevent the Defendant from filing tax returns for herself and her spouse. (5) The United States of America may take post-judgment discovery, in any form allowable under the Federal Rules of Civil Procedure, in order to monitor the Defendants compliance with the terms of this injunction.Signed by Honorable A. Richard Caputo on 2/13/20. (dw)

Date Filed

Document Text

February 13, 2020

Filing 16 ORDER (memorandum filed previously as separate docket entry). (1) Plaintiffs Motion for Summary Judgment 13 is GRANTED. (2) Judgment is ENTERED in favor of Plaintiff United States of America and against Rossy Alberto, doing business as RA Multiserv ices and Immigration, RA Immigration Services, and RA Multiservices (collectively Defendant). (3) Defendant and her representatives, agents, servants, employees, attorneys, and those persons in active concert or participation with her are PERMANENTLY ENJOINED from:a. Preparing, filing, directing, aiding, or assisting in any way in the preparation or filing of any federal tax return, amended return, or other tax return form for any other person or entity; b. Owning, managing, controlling, working for, profiting from, or volunteering for any business, entity, or individual engaged in tax return preparation; c. Using, maintaining, renewing, obtaining, transferring, selling, or assigning any federal Preparer Tax Identification Number (PTIN) or Electronic Filing Identification Number (EFIN); d. Using any federally-issued identification number, including but not limited to PTIN, EFIN, Employer Identification Numbers (EIN), Taxpayer Identification Numbers (TIN), Social Security Number (SSN), that belongs or was assigned to another person or entity, to file or remit any federal income tax returns; e. Engaging in conduct or activity subject to penalty under 26 U.S.C. § 6694 of the Internal Revenue Code by understating taxpayers liabil ities; f. Engaging in conduct or activity subject to penalty under 26 U.S.C. § 6695 of the Internal Revenue Code, including but not limited to improperly using any PTINs, negotiating a refund check, or failing to exercise due diligence in determ ining eligibility for the American Opportunity Tax Credit. g. Engaging in conduct or activity subject to penalty under 26 U.S.C. § 6701 of the Internal Revenue Code including but not limited to, aiding or assisting others in the preparation of a ny document to be used in connection with a material matter arising under the Internal Revenue Code, which theDefendant know would, if so used, result in the understatement of tax liability; and h. Otherwise engaging in conduct or activity that subst antially interferes with the proper administration and enforcement of internal revenue laws. (4) This permanent injunction does not prevent the Defendant from filing tax returns for herself and her spouse. (5) The United States of America may take post-judgment discovery, in any form allowable under the Federal Rules of Civil Procedure, in order to monitor the Defendants compliance with the terms of this injunction.Signed by Honorable A. Richard Caputo on 2/13/20. (dw)

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Plaintiff: United States Of America
Represented By:	Matthew Bryce Miller
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Defendant: Rossy Alberto
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