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29 Order to Show Cause -- Enforcement of Internal Revenue Summons

[HEADING OMITTED]

ORDER TO SHOW CAUSE

Date: ___________________________________

Time: ___________________________________

Upon review of the petition, the Declaration of _________________ Agent ____________________, and at the request of the United States of America,

IT IS HEREBY ORDERED that _______________________________ appear before the District Court for the ______________________ District of _____________________________ , in Courtroom No.________________ on the _______ day of ___________________________, 1997, at __________ a.m., to show cause why he should not be compelled to obey the Internal Revenue Service summons served upon him on _____________________________ to which he has failed to fully respond.

IT IS HEREBY FURTHER ORDERED that, at that time, ____________________________________ show cause why he should not be required to permit the copying of all documents responsive to the requests set forth in the summons served upon him on _________________________________.

IT IS HEREBY FURTHER ORDERED that a copy of this order, together with copies of the Petition to Enforce Internal Revenue Service Summons and the Declaration of ________________________________ and all exhibits attached thereto, be served upon _____________________________ in accordance with the provisions of Rule 4(e) of the Federal Rules of Civil Procedure on or before ______________________________ and that such service be effectuated by either a Deputy U.S. Marshal or any agent of the Internal Revenue Service provided such agent meets the requirements of Rule 4(c)(2) of the Federal Rules of Civil Procedure.

IT IS HEREBY FURTHER ORDERED that within ten (10) days of service of copies of this order, the Petition, and the Declaration, the respondent shall file and serve a written response to the Petition, supported by appropriate affidavits, as well as any motions the respondent desires to make. All motions and issues raised by the pleadings will be considered on the return date of this order. Only those issues raised by motion or brought into controversy by the responsive pleadings, and supported by affidavit(s), will be considered on the return date of this order. Any uncontested allegation in the Petition will be considered admitted.

Dated:_________________________

__________________________________________________

JUDGE

UNITED STATES DISTRICT COURT


October 1997 Tax Resource Manual 29