United States of America v. Case

United States of America v. Case

Case Number:	5:2006cv00570
Filed:	May 9, 2006
Court:	US District Court for the Northern District of New York
Office:	Taxes Office
Presiding Judge:	George H. Lowe
Presiding Judge:	Frederick J. Scullin
Nature of Suit:	Defendant
Cause of Action:	U.S. Government Plaintiff
Jury Demanded By:	28:7402 Refund of Taxes

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Date Filed	Document Text
January 22, 2024	Filing 201 AMENDED JUDGMENT: IT IS ORDERED AND ADJUDGED, Plaintiff's motion for default judgment is GRANTED as to liability in the amount of $361,351.35, against all defendants, plus statutory additions accruing since October 12, 2010. The United Sta tes has valid and subsisting liens on all property and rights to property belonging to Defendant Robert V. Case. All of the above pursuant to the Memorandum, Decision & Order of Honorable Senior United States District Court Judge Frederick J. Scullin , Jr., dated August 23, 2011. IT IS FURTHER ORDERED AND ADJUDGED that the United States' motion for a default judgment against Defendant Robert V. Case is GRANTED; and the Court further ORDERS that Defendant Trusts are the mere alter ego, nomine e, and/or fraudulent transferees of Defendant Case; and the Court further ORDERS that the tax liens, which the Court has previously held are valid and subsisting, encumbered the properties titled in the names of Defendant Trusts, i.e., Jubilee Enterp rises, Freedom Ridge Company, Sovereign Woods Company, and Forest Reserve Company, on November 5, 2009, which is the date the Government filed its Amended Complaint; and the Court further ORDERS that the Government's liens encumber the 25% interest Defendant Case inherited from his first wife, Joann Case; and the Court further ORDERS that the New Trusts, i.e., University Group LTD, a Pure Trust Organization in Common Law; Tioga Research Group, a Pure Trust Organization in Common Law; J udson Hill Capital, a Pure Trust Organization in Common Law; and Canyon Area Associates, a Pure Trust Organization in Common Law, are bound under Rule 25(c) of the Federal Rules of Civil Procedure; and the Court further ORDERS that the United States shall sell the real property described in 11 and 13 of the Amended Complaint, free and clear, and apply the proceeds of such sale(s) toward Defendant Case's outstanding federal tax liabilities. (Copy served via regular and certified mail on pro se defendants Robert Case, Peter Reile, and Mary A. Osgood) (rep)
September 30, 2010	Filing 72 ORDER: It is ORDERED that the # 68 Report-Recommendation of Magistrate Judge Lowe is ACCEPTED in its entirety; Defendant Case's # 6 Answer and his # 47 responses to the # 45 Amended Complaint are STRICKEN. It is further ORDERED that Def endant Case is in DEFAULT and Plaintiff is to file and serve a motion seeking entry of a default judgment within 20 days of the date of the Order. Signed by Senior Judge Frederick J. Scullin, Jr on 9/30/2010. {Copy served upon pro se Defendant by regular mail} (mae)

Date Filed

Document Text

January 22, 2024

Filing 201 AMENDED JUDGMENT: IT IS ORDERED AND ADJUDGED, Plaintiff's motion for default judgment is GRANTED as to liability in the amount of $361,351.35, against all defendants, plus statutory additions accruing since October 12, 2010. The United Sta tes has valid and subsisting liens on all property and rights to property belonging to Defendant Robert V. Case. All of the above pursuant to the Memorandum, Decision & Order of Honorable Senior United States District Court Judge Frederick J. Scullin , Jr., dated August 23, 2011. IT IS FURTHER ORDERED AND ADJUDGED that the United States' motion for a default judgment against Defendant Robert V. Case is GRANTED; and the Court further ORDERS that Defendant Trusts are the mere alter ego, nomine e, and/or fraudulent transferees of Defendant Case; and the Court further ORDERS that the tax liens, which the Court has previously held are valid and subsisting, encumbered the properties titled in the names of Defendant Trusts, i.e., Jubilee Enterp rises, Freedom Ridge Company, Sovereign Woods Company, and Forest Reserve Company, on November 5, 2009, which is the date the Government filed its Amended Complaint; and the Court further ORDERS that the Government's liens encumber the 25% interest Defendant Case inherited from his first wife, Joann Case; and the Court further ORDERS that the New Trusts, i.e., University Group LTD, a Pure Trust Organization in Common Law; Tioga Research Group, a Pure Trust Organization in Common Law; J udson Hill Capital, a Pure Trust Organization in Common Law; and Canyon Area Associates, a Pure Trust Organization in Common Law, are bound under Rule 25(c) of the Federal Rules of Civil Procedure; and the Court further ORDERS that the United States shall sell the real property described in 11 and 13 of the Amended Complaint, free and clear, and apply the proceeds of such sale(s) toward Defendant Case's outstanding federal tax liabilities. (Copy served via regular and certified mail on pro se defendants Robert Case, Peter Reile, and Mary A. Osgood) (rep)

September 30, 2010

Filing 72 ORDER: It is ORDERED that the # 68 Report-Recommendation of Magistrate Judge Lowe is ACCEPTED in its entirety; Defendant Case's # 6 Answer and his # 47 responses to the # 45 Amended Complaint are STRICKEN. It is further ORDERED that Def endant Case is in DEFAULT and Plaintiff is to file and serve a motion seeking entry of a default judgment within 20 days of the date of the Order. Signed by Senior Judge Frederick J. Scullin, Jr on 9/30/2010. {Copy served upon pro se Defendant by regular mail} (mae)

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