FROHNAPLE v. UNITED STATES OF AMERICA

FROHNAPLE v. UNITED STATES OF AMERICA

Plaintiff:	DAVID G. FROHNAPLE
Defendant:	UNITED STATES OF AMERICA
Case Number:	1:2008cv00387
Filed:	June 10, 2008
Court:	US District Court for the Middle District of North Carolina
Office:	Taxes Office
County:	Guilford
Presiding Judge:
Presiding Judge:	WALLACE W. DIXON
Presiding Judge:	UNASSIGNED
Nature of Suit:	Both
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	26:7422 IRS: Refund Taxes

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Date Filed	Document Text
July 2, 2010	Filing 53 ORDER signed by JUDGE THOMAS D. SCHROEDER on 7/2/2010, adopting the Magistrate Judge's Recommendation (doc. 37 ); that Frohnaple's Motion for Summary Judgment (Doc. 19 ) be DENIED and that the United States' Motion for Summary Judgme nt (Doc. 21 ) be GRANTED. As noted by the Magistrate Judge, the United States has offered different figures as to the amount of Frohnaple's tax liability, without any explanation of how they were determined. FURTHER, that the United States fil e a brief not to exceed five (5) pages by 5 p.m. on July 9, 2010, setting forth the exact amount of tax liability owed by Frohnaple, as well as evidentiary support or a citation within the current record to such evidentiary support. This briefing sho uld include the amount due, how that amount was calculated (including principal and interest), and the appropriate rate of any prejudgment interest. Frohnaple may respond within seven (7) days of the filing of the United States' brief. A judgment consistent with this order will be filed after the amount of liability is determined. (Lloyd, Donna)
March 8, 2010	Filing 37 MEMORANDUM OPINION AND RECOMMENDATION signed by MAG/JUDGE WALLACE W. DIXON on 03/08/2010, that Defendant's motion for summary judgment (docket no. 21 be GRANTED and that the court should hold that Plaintiff is liable for the trust fund recover y penalty assessed against him in connection with the Boling Groups failure to pay employment taxes for taxable periods ending June 30, 2000, September 30, 2000, December 31, 2000, March 31, 2001, and June 30, 2001. To this extent, Plaintiff's motion for summary judgment should be denied (docket no. 19 ). If the court adopts this Recommendation and enters judgment, Defendant shall submit to the court the exact amount owed by Plaintiff. (Taylor, Abby)

Date Filed

Document Text

July 2, 2010

Filing 53 ORDER signed by JUDGE THOMAS D. SCHROEDER on 7/2/2010, adopting the Magistrate Judge's Recommendation (doc. 37 ); that Frohnaple's Motion for Summary Judgment (Doc. 19 ) be DENIED and that the United States' Motion for Summary Judgme nt (Doc. 21 ) be GRANTED. As noted by the Magistrate Judge, the United States has offered different figures as to the amount of Frohnaple's tax liability, without any explanation of how they were determined. FURTHER, that the United States fil e a brief not to exceed five (5) pages by 5 p.m. on July 9, 2010, setting forth the exact amount of tax liability owed by Frohnaple, as well as evidentiary support or a citation within the current record to such evidentiary support. This briefing sho uld include the amount due, how that amount was calculated (including principal and interest), and the appropriate rate of any prejudgment interest. Frohnaple may respond within seven (7) days of the filing of the United States' brief. A judgment consistent with this order will be filed after the amount of liability is determined. (Lloyd, Donna)

March 8, 2010

Filing 37 MEMORANDUM OPINION AND RECOMMENDATION signed by MAG/JUDGE WALLACE W. DIXON on 03/08/2010, that Defendant's motion for summary judgment (docket no. 21 be GRANTED and that the court should hold that Plaintiff is liable for the trust fund recover y penalty assessed against him in connection with the Boling Groups failure to pay employment taxes for taxable periods ending June 30, 2000, September 30, 2000, December 31, 2000, March 31, 2001, and June 30, 2001. To this extent, Plaintiff's motion for summary judgment should be denied (docket no. 19 ). If the court adopts this Recommendation and enters judgment, Defendant shall submit to the court the exact amount owed by Plaintiff. (Taylor, Abby)

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Plaintiff: DAVID G. FROHNAPLE
Represented By:	JOHN S. BUFORD
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Defendant: UNITED STATES OF AMERICA
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