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Wycoff Ozak injunction

Wycoff Ozak injunction

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Published by wevans8879

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Published by: wevans8879 on Sep 10, 2011
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02/21/2013

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ANDRÉ BIROTTE JR.United States Attorney JS—6SANDRA R. BROWNAssistant United States AttorneyChief, Tax DivisionDARWIN THOMASCa. Bar No. 80745Assistant United States AttorneyFederal Building, Room 7211300 North Los Angeles StreetLos Angeles, California 90012Telephone: (213) 894-2740Facsimile: (213) 894-0115Email: darwin.thomas@usdoj.govBRIAN H. CORCORANMember, DC Bar, No. 456976Trial Attorney, Tax DivisionU.S. Department of JusticePost Office Box 7238Washington, D.C. 20044Telephone: (202) 353-7421Facsimile: (202) 514-6770Email: Brian.H.Corcoran@usdoj.govAttorneys for the United States of AmericaUNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIAWESTERN DIVISIONUnited States of America,Plaintiff,vs.Gwenn Wycoff and Frank Ozak,Defendants.)))))))))))Case No.
2:10-cv-05856-JHN -PLA
x
STIPUULATED ORDEROF PERMANENT INJUNCTION
Case 2:10-cv-05856-JHN -PLA Document 39 Filed 09/08/11 Page 1 of 15 Page ID #:608
*AMENDED*
 
 
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The United States has filed a complaint for permanent injunction under 26U.S.C. (“I.R.C.”) §§ 7402(a) and 7408 against Gwenn Wycoff and Frank Ozak(hereinafter “Defendants”). The parties have agreed to the terms of this StipulatedOrder of Permanent Injunction, and the Defendants consent to be bound by itsterms and to its entry without further notice. The Defendants waive the entry of findings of fact and conclusions of law under Rules 52 and 65 of the Federal Rulesof Civil Procedure. The parties understand that this Order constitutes the final judgment in this matter, waive the right to appeal from this judgment, and agree tobear their respective costs, including any attorneys’ fees or other expenses of thislitigation. Nothing in this Order shall constitute an admission of liability by theDefendants of any of the matters alleged in the Complaint (including but notlimited to the issue of whether
The Art of Passing the Buck 
is owned or controlledby the individual Defendants).The parties understand and agree that entry of this Stipulated Order of Permanent Injunction neither precludes the Internal Revenue Service (the “IRS”)from assessing penalties against the Defendants for violations of the InternalRevenue Code, nor precludes the Defendants from contesting any such penalties.The parties further understand and agree that the Court has jurisdiction overthis matter for the purposes of implementing and enforcing this Order, and
Case 2:10-cv-05856-JHN -PLA Document 39 Filed 09/08/11 Page 2 of 15 Page ID #:609
 
 
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understand that if they violate its terms, they may be subject to civil and criminalsanctions for contempt of court.
ORDER
1. IT IS HEREBY ORDERED that pursuant to 26 U.S.C. §§ 7402 and7408, the Defendants and their representatives, associates, agents, servants, andemployees are enjoined from directly or indirectly:(A) Organizing or selling tax shelters, plans, or any otherarrangements that advise or assist taxpayers to attempt to evade theassessment or collection of such taxpayers’ correct federal tax;(B) Engaging in any other activity subject to penalty under 26U.S.C. § 6700,
i.e
. organizing or selling a plan or arrangement andmaking a statement regarding the excludability of income or securingof any other tax benefit, by participating in the plan that they know orhave reason to know is false or fraudulent as to any material matter,including but not limited to any false statements about the tax benefitsor effects of trusts;(C) Engaging in any activity subject to penalty under 26 U.S.C. §6701,
i.e.
aiding or assisting in, procuring, or advising with respect tothe preparation or presentation of a federal tax return, refund claim, orother document, knowing or having a reason to believe that it will be
Case 2:10-cv-05856-JHN -PLA Document 39 Filed 09/08/11 Page 3 of 15 Page ID #:610

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