FROHNAPLE v. UNITED STATES OF AMERICA
||DAVID G. FROHNAPLE
||UNITED STATES OF AMERICA
||June 10, 2008
||North Carolina Middle District Court
||WALLACE W. DIXON
|Nature of Suit:
|Cause of Action:
||U.S. Government Defendant
|Jury Demanded By:
||26:7422 IRS: Refund Taxes
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|Date Filed||#||Document Text|
|March 8, 2010
MEMORANDUM OPINION AND RECOMMENDATION signed by MAG/JUDGE WALLACE W. DIXON on 03/08/2010, that Defendant's motion for summary judgment (docket no. 21 be GRANTED and that the court should hold that Plaintiff is liable for the trust fund recover y penalty assessed against him in connection with the Boling Groups failure to pay employment taxes for taxable periods ending June 30, 2000, September 30, 2000, December 31, 2000, March 31, 2001, and June 30, 2001. To this extent, Plaintiff's motion for summary judgment should be denied (docket no. 19 ). If the court adopts this Recommendation and enters judgment, Defendant shall submit to the court the exact amount owed by Plaintiff. (Taylor, Abby)
|July 2, 2010
ORDER signed by JUDGE THOMAS D. SCHROEDER on 7/2/2010, adopting the Magistrate Judge's Recommendation (doc. 37 ); that Frohnaple's Motion for Summary Judgment (Doc. 19 ) be DENIED and that the United States' Motion for Summary Judgme nt (Doc. 21 ) be GRANTED. As noted by the Magistrate Judge, the United States has offered different figures as to the amount of Frohnaple's tax liability, without any explanation of how they were determined. FURTHER, that the United States fil e a brief not to exceed five (5) pages by 5 p.m. on July 9, 2010, setting forth the exact amount of tax liability owed by Frohnaple, as well as evidentiary support or a citation within the current record to such evidentiary support. This briefing sho uld include the amount due, how that amount was calculated (including principal and interest), and the appropriate rate of any prejudgment interest. Frohnaple may respond within seven (7) days of the filing of the United States' brief. A judgment consistent with this order will be filed after the amount of liability is determined. (Lloyd, Donna)
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