Bone v. United States of America
2:13-mc-07492
D. IdahoSep 5, 2013Background
- Kimberly A. & Clinton D. Bone petitioners against the United States, IRS, and Lisa Wolfe regarding an IRS summons.
- Magistrate Judge issued a Report and Recommendation (Dkt. 10).
- No objections to the R&R were filed within the statutory fourteen days.
- Under 28 U.S.C. § 636(b)(1)(C), the district court may adopt, reject, or modify the R&R; no objections waiving de novo review.
- Court reviews the R&R and the record for clear error and determines the R&R is well-founded.
- The court adopts the R&R in full and issues rulings: grant the government's motion to dismiss the petition to quash IRS summons; deny the petition to quash the third-party summons; case closed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether de novo review was required when no objections were filed | Bone/Petitioners did not object | No objections filed; de novo review not necessary | De novo review not required; court adopts R&R |
| Whether the government’s motion to dismiss the petition to quash IRS summons should be granted | Petitioners seek to quash the summons | IRS seeks dismissal of petition to quash | GRANTED |
| Whether the petition to quash IRS third-party summons should be denied | Petitioners seek to quash the third-party summons | IRS argues against quashing the summons | DENIED |
Key Cases Cited
- United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (de novo review when objections are raised; otherwise defer to non-objection record)
- Peretz v. United States, 501 U.S. 923 (Sup. Ct. 1991) (de novo review not required for Article III purposes unless requested)
- Ciapponi v. United States, 77 F.3d 1251 (9th Cir. 1996) (courts not required to conduct further review absent objections)
- Wang v. Masaitis, 416 F.3d 993 (9th Cir. 2005) (de novo review principles and waiver of objections guidance)
- Campbell v. United States Dist. Court, 501 F.2d 196 (9th Cir. 1974) ( Advisory notes on review standards for magistrate recommendations)
