USA v. Johnson et al
Plaintiff: USA
Defendant: Mary Carol S. Johnson, James W. Smith, Marian S. Barnwell, Billie Ann S. Devine and Eve H. Smith
Case Number: 2:2011cv00087
Filed: January 21, 2011
Court: US District Court for the District of Utah
Office: Central Office
County: Tooele
Presiding Judge: Clark Waddoups
Nature of Suit: Taxes (US Plaintiff or Defendant)
Cause of Action: 26 U.S.C. ยง 7401
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 8, 2018 Opinion or Order Filing 222 MEMORANDUM DECISION AND ORDER RE LITIGATION FEES AND COSTS-granting 198 Motion for Attorney Fees. Defendants are hereby awarded $285,648.06 in attorneys fees and $30,558.00 in expert witness report costs. The total award is $316,206.06. Signed by Judge Clark Waddoups on 1/8/18. (jmr)
December 1, 2016 Opinion or Order Filing 193 MEMORANDUM DECISION AND ORDER-granting in part and denying in part 117 Motion for Summary Judgment ; granting 119 Motion to Reconsider, Vacating its previous grant of summary judgment on the governments Motionfor Summary Judgmen t 87 and Grants summary judgment on defendants Motionfor Partial Summary Judgment 86 . Also, the court Grants defendants Motion for Summary Judgment 122 . See Order for additional details. Signed by Judge Clark Waddoups on 12/1/16. (jmr)
July 29, 2013 Opinion or Order Filing 75 Amended MEMORANDUM DECISION and Order-the Court hereby GRANTS IN PART and DENIES IN PART Defendants motion to dismiss. The court dismisses Eve H. Smith without prejudice. Additionally, the court dismisses any action against the remai ning Defendants as transferees or trust beneficiaries under section 6324(a)(2). The court denies the motion to dismiss the first cause of action, however, against the Trustees and against the life insurance beneficiaries to the extent of the value they received under the insurance policies. The court also denies the motion to dismiss the second cause of action. See Order for details. Signed by Judge Clark Waddoups on 7/29/13. (jmr)
May 23, 2012 Opinion or Order Filing 56 MEMORANDUM DECISION-granting in part and denying in part 31 Motion to Dismiss. The court dismisses Eve H. Smith without prejudice. Additionally, the court dismisses any action against the remaining Defendants as transferees ortrust beneficiaries u nder section 6324(a)(2). The court denies the motion to dismiss the first cause of action, however, against the Trustees and against the life insurance beneficiaries to the extent of the value they received under the insurance policies. The court also denies the motion to dismiss the second cause of action. Signed by Judge Clark Waddoups on 5/23/12. (jmr)
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Plaintiff: USA
Represented By: Virginia Cronan Lowe
Represented By: John K. Mangum
Represented By: Richard A. Schwartz
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Defendant: Mary Carol S. Johnson
Represented By: Thomas R. Barton
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Defendant: James W. Smith
Represented By: Thomas R. Barton
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Defendant: Marian S. Barnwell
Represented By: Thomas R. Barton
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Defendant: Billie Ann S. Devine
Represented By: Thomas R. Barton
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Defendant: Eve H. Smith
Represented By: Thomas R. Barton
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