Free Declaration in Support - District Court of California - California

Case 3:07-cv-05046-CRB

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Filed 11/30/2007

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SCOTT SCHOOLS (SCBN 9990) United States Attorney THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney Chief, Tax Division CYNTHIA STIER (DCBN 423256) Assistant United States Attorney 9th Floor, Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7000 Attorneys for the U.S. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FLETCHER H. HYLER, Plaintiff, v. UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) Case No. C-07-5046-CRB DECLARATION OF CYNTHIA STIER IN SUPPORT OF UNITED STATES' MOTION TO DISMISS

14 15 16 Defendant.

Date: Friday, January 25, 2008 Time: 10:00 a.m. Place: Courtroom 8, 19th Floor

I, Cynthia Stier, do hereby declare as follows: 17 1. 18 and in such capacity represent the Plaintiff, the United States of America, in this action. I have 19 personal knowledge of the facts set forth in this declaration and, if called upon to do so, could 20 and would testify competently thereto. 21 2. 22 of the administrative file of the Internal Revenue Service in this case. 23 I declare under penalty of perjury that the foregoing is true and correct to the best 24 of my knowledge. 25 26 27 28 /S/ Cynthia Stier CYNTHIA STIER Assistant U.S. Attorney Executed on November 30, 2007. Respectfully submitted, Government's Exhibits 1 through 17, attached hereto, were provided to me as part I am an Assistant United States Attorney for the Northern District of California,

Case 3:07-cv-05046-CRB

Document 4

Filed 11/30/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I, KATHY TAT declare:

CERTIFICATE OF SERVICE

That I am a citizen of the United States of America and employed in San Francisco County, California; that my business address is Office of United States Attorney, 450 Golden Gate Avenue, Box 36055, San Francisco, California 94102; that I am over the age of eighteen years, and am not a party to the above-entitled action. I am employed by the United States Attorney for the Northern District of California and discretion to be competent to serve papers. The undersigned further certifies that I caused a copy of the following: UNITED STATES' MOTION TO DISMISS AND MEMORANDUM OF POINTS AND AUTHORITIES AND NOTICE and DECLARATION OF CYNTHIA STIER IN SUPPORT OF UNITED STATES' MOTION TO DISMISS to be served this date upon the party(ies) in this action by placing a true copy thereof in a sealed envelope, and served as follows: _X___ FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice. ____ PERSONAL SERVICE (BY MESSENGER/HAND DELIVERED)

____ FACSIMILE (FAX) No.: to the parties addressed as follows: Wesley T. Umeda Birnbaum and Umeda, LLP 1733 Woodside Road, Ste. 210 Redwood City, CA 94061 Wesley T. Umeda Birnbaum & Umeda 5151 El Camino Real Ste D-20 Los Altos, CA 94022 I declare under penalty of perjury under the laws of the United States that the foregoing is

25 26 27 28 true and correct. Executed on November 30, 2007 at San Francisco, California. /s/ Kathy Tat KATHY TAT Legal Assistant Tax Division