United States of America v. Bonadio et al
||United States of America
||Thomas Bonadio and Elizabeth Bonadio
||November 17, 2014
||US District Court for the Northern District of New York
||David E. Peebles
||Glenn T. Suddaby
|Nature of Suit:
||Taxes (US Plaintiff or Defendant)
|Cause of Action:
|Jury Demanded By:
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|May 19, 2020
DECISION AND ORDER that Plaintiff's motion is GRANTED. Pursuant to 26 U.S.C. §§ 6321, 6322 and 6323, Plaintiff has valid, subsisting and enforceable tax liens associated with the assessments of income tax against Defendant Thomas Bon adio for the 2001 and 2003 tax years upon all property and rights to property belonging to Defendant Thomas Bonadio. The federal tax liens in favor of Plaintiff have attached to Defendant Thomas Bonadio's one-half interest in the real proper ty located at 31 Baker Road, in the Town of Sanford, in Broome County, New York, legally described in paragraph 4 of the Complaint. The federal tax liens in favor of Plaintiff do not attach to Defendant Elizabeth Bonadio's one-half interest in the Baker Road property, but Defendant Elizabeth Bonadio has raised no equitable factors for the Court to consider in exercising its discretion to order the sale of the property pursuant to 26 U.S.C. § 7403. The federal tax liens in favor of Plaintiff upon the Baker Road property are hereby enforced, and the property shall be judicially sold pursuant to 26 U.S.C. § 7403 to enforce such liens, free and clear of all rights, titles, claims and interests of the parties to this act ion, with the proceeds distributed as follows: (a) first, to the costs and expenses of sale, including payment of any real property taxes due and owing and the compensation and expenses of a Receiver, if one is appointed, and (b) second, to b e divided in half and distributed as follows: (i) 50% to Defendant Elizabeth Bonadio; and (ii) 50% to Plaintiff, in full or partial satisfaction of the federal tax liens against Defendant Thomas Bonadio, with the remainder (if any) to be paid to Defendant Thomas Bonadio. Signed by Chief Judge Glenn T. Suddaby on 5/19/2020. (Served Defendants Thomas Bonadio and Elizabeth Bonadio at 355 State Street, #5W, Albany, NY, 12210). (sal )
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