Free Answer to Complaint - District Court of California - California

Case 5:07-cv-03141-JF

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Filed 07/12/2007

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SCOTT N. SCHOOLS (SCSBN 9990) United States Attorney JAY R. WEILL (CSBN 75434) Assistant United States Attorney Chief, Tax Division DAVID L. DENIER (CSBN 95024) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 Telephone: (415) 436-6888 Fax: (415) 436-6748 Attorneys for the United States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VICKI R. SEIDEL, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) NO. C-07-3141-JF ANSWER OF UNITED STATES OF AMERICA

JURISDICTION 1. 2. 3. Admits the allegations contained in paragraph 1 of the complaint. Denies the allegations contained in paragraph 2 of the complaint. Admits the allegations contained in paragraph 3 of the complaint. PARTIES 4. Admits the allegations contained in paragraph 4 of the complaint. FACTS SUPPORTING CLAIMS 5. 6. 7. 8. Denies the allegations contained in paragraph 5 of the complaint. Admits the allegations contained in paragraph 6 of the complaint. Admits the allegations contained in paragraph 7 of the complaint. Admits the allegations contained in paragraph 8 of the complaint.

Case 5:07-cv-03141-JF

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9. 10.

Denies the allegations contained in paragraph 9 of the complaint. Denies the allegations contained in paragraph 10 of the complaint. FIRST CLAIM FOR RELIEF

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Defendant United States of America incorporates by reference its answers to

paragraphs 1 through 9. 12. 13 14. 15. Denies the allegations contained in paragraph 12 of the complaint. Denies the allegations contained in paragraph 13 of the complaint. Denies the allegations contained in paragraph 14 of the complaint. Denies that plaintiff is entitled to the return of any monies seized pursuant to the

SECOND CLAIM FOR RELIEF 16. Defendant United States of America incorporates by reference its answers to

paragraphs 1 through 14. 17. 18. 19. Denies the allegations contained in paragraph 17 of the complaint. Denies the allegations contained in paragraph 18 of the complaint. Denies that plaintiff is entitled to restoration of her bi-monthly compensation and

all amounts withheld from her paycheck on account of the levy. THIRD CLAIM FOR RELIEF 20. Defendant United States of America incorporates by reference its answers to

paragraphs 1 through 19. 21. 22. 23. 24. 25. Denies the allegations contained in paragraph 21 of the complaint. Denies the allegations contained in paragraph 22 of the complaint. Denies the allegations contained in paragraph 23 of the complaint. Denies the allegations contained in paragraph 24 of the complaint. Denies that plaintiff is entitled to an injunction to restrain the United States from

levying any property plaintiff owns to collect her husband's trust fund recovery penalty assessment. ///
Answer Of U.S.A (No. C-07-3141-JF)

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Answer Of U.S.A (No. C-07-3141-JF)

FOURTH CLAIM FOR RELIEF 26. Defendant's United States of America incorporates by reference its answers to

paragraphs 1 through 25. 27. Denies the allegations contained in paragraph 27 of the complaint.

WHEREFORE, having fully answered each and every allegation contained in plaintiff's complaint, defendant United States of America prays that: A. B. C. D. Plaintiff take nothing by her complaint; Plaintiff's complaint and action be dismissed with prejudice; The United States be awarded its costs in suit; and The Court grant such other and further relief as it deems just in the premises. SCOTT N. SCHOOLS United States Attorney /s/ David L. Denier DAVID L. DENIER Assistant United States Attorney Tax Division

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