Boudreau v. United States

Filing 6

ORDER: Finding as Moot Motion to Dismiss 2 ; Finding as Moot Motion to Dismiss 4 . This case is dismissed. Signed on 12/6/2011 by Chief Judge Ann L. Aiken. (lg)

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Case 3:07-mc-09148 Document 4-1 Filed 12/02/11 Page 1 of 2 Page ID#: 46 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION CAROLYN BOUDREAU, Misc. No. 3:07- 9148 Petitioner, [Proposed] v. ORDER DISMISSING CASE UNITED STATES OF AMERICA, Respondent. This case is a petition to quash three Internal Revenue Service summonses. Respondent, the United States of America, has filed a second motion to dismiss this case, arguing that the Court has already adjudicated a materially identical petition to quash in Boudreau v. United States, No. 07-mc-7015-AA (ECF No.4, entered Feb. 8,2008). The United States also argues that the case is moot because the Internal Revenue Service has already reached a final determination of the petitioner's tax liability, so the information sought by the summonses is no longer necessary. The petitioner does not oppose this motion. \\ \\ Order Dismissing Case Page 10f2 7747755.1 Case 3:07-mc-09148 Document 4-1 Filed 12/02/11 Page 2 of 2 Page ID#: 47 For the reasons set forth in the United States' Unopposed Motion to Dismiss Case as Adjudicated and as Moot, and because that Motion is unopposed, IT IS HEREBY ORDERED that this case is dismissed. UNITED STATES DISTRICT JUDGE Respectfully presented this 2nd day of December, 2011. JOHN A. DICICCO Principal Acting Assistant Attorney General /s/ Adam Strait ADAM D. STRAIT Mass. BBO No. 670484 KARl D. LARSON Trial Attorneys, Tax Division U.S. Department of Justice P.O. Box 683 Washington, D.C. 20044-0683 Telephone: (202) 307-2135 Facsimile: (202) 307-0054 adam.d.strait@usdoj.gov S. AMANDA MARSHALL United States Attorney, District of Oregon Of Counsel Attorneys for the United States of America Order Dismissing Case Page 2of2 7747755.1

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