United States of America v. Michel
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|Date Filed||#||Document Text|
|July 23, 2012
ORDER re 35 , 36 : For the reasons set in the attached Memorandum & Order, defendant's cross-motion for summary judgment is denied. Plaintiff's motion for summary judgment is granted in part to the extent that the government has establi shed defendant's liability as a matter of law, but denied in part to the extent it requests judgment in the amount of $177,528.94 plus interest. Rather, the Court finds that defendant is liable to plaintiff in the amount of $114,519.6 8, plus interest at the underpayment rate set forth in 26 U.S.C. § 6621(a)(2), which interest would run from the date of service of the Notice of Levy until the entry of judgment. To the extent the government wishes to submit supplemental brief ing as to its entitlement to additional Estate money to which Robert Burger had a property right (i.e., additional trust income beyond the money actually distributed to him), such supplemental briefing shall be submitted on or before August 23, 2012. Any response by defendant shall be submitted on or before September 24, 2012. If the government does not wish to submit supplemental briefing, it shall so inform the Court. In that event, judgment will be entered and the case will be marked as closed. Ordered by Judge Denis R. Hurley on 7/23/2012. (Monaco, Laura)
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