United States of America v. Arthur Schaertel et al
| United States of America |
| American Express Travel Related Services Company, Inc., Household Finance Corporation of California, Arthur Schaertel, Maxine Schaertel, State of California, Franchise Tax Board, Union Bank of California, N.A. and Wachovia Mortgage, FSB |
| 2:2008cv05673 |
| July 17, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Philip S. Gutierrez |
| Ralph Zarefsky |
| Taxes |
| 26 U.S.C. ยง 7402 IRS: Petition to Enforce IRS Summons |
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Filing
53
SUMMARY JUDGMENT by Judge Philip S. Gutierrez, in favor of United States of America against Arthur Schaertel, Maxine Schaertel; and Default Judgments against Defendants Wachovia Mortgage Corporation, FSB Household Finance Corporation of California, a nd American Express Travel Related Services Company, Inc. Related to: MOTION for Order for Summary Judgment Against Defendants Arthur T. Schaertel and Maxine D. Schaertel and Default Judgments Against Defendants Wachovia Mortgage Corporation, FSB, Ho usehold Finance Corporation of California, and American Express Travel 38 . NOTE CHANGES MADE BY COURT. Judgment is hereby entered in favor of the United States and against the defendants, the Schaertels, in the amount of $268,702.55, plus pen alties and statutory interest accruing thereon after July 1, 2009, in accordance with 26 U.S.C. 6651(a)(2), 6601, 6621, and 6622, until such Judgment is paid in full. Federal tax liens filed against the Schaertels for the Subject Years be foreclosed against the Subject Real Property; that the Subject Real Property be sold; and that the proceeds of such sale be distributed and applied in the following manner: (see document for further details). That a deficiency judgment is hereby entered in favo r of the United States and against defendants Arthur T. Schaertel and Maxine D. Schaertel for any portion of the Federal tax liens for the years 2002, 2003, 2004, 2005, and 2006, that remain unpaid after the distribution and application of the sale p roceeds of the Subject Real Property. That it is hereby determined and adjudged that defendants State of California, Franchise Tax Board, Wachovia Mortgage Corporation, Household Finance Corporation of California, and American Express Travel Related Services Company are not entitle to receive any portion of the sales proceeds of the Subject Real Property, by reason of their alleged liens against such property, due to their filing of a disclaimer of interest (as to the State of California, FTB) or failure to answer or otherwise respond to the Complaint filed in this case (as to the other three defendants). (MD JS-6. Case Terminated). (bm)
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