United States of America v. Davis et al
| United States of America |
| Carolyn S Coleman, William Zerick, Ohio State of, Scioto County Treasurer, Jack D. Davis and Nationwide Insurance |
| 1:2013cv00695 |
| September 27, 2013 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| SCIOTO |
| Susan J. Dlott |
| Taxes (US Plaintiff or Defendant) |
| 26 U.S.C. ยง 7401 |
| None |
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Filing
29
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 25 Report and Recommendation in all respects, granting 24 United States' Motion for Default Judgment. The Court ENTERS JUDGMENT as follows: (1) pursuant to 26 U.S.C. §§ 6321, 6322, and 6323, the United States has valid, subsisting, and enforceable tax liens (as set forth in paragraphs 9 and 11 of the Complaint) upon all property and rights to property belonging to Defendant Jack D. Davis; (2) the United States is entitled to judgm ent against Defendant Jack D. Davis in the total sum of $188,879.60 (as of 9/23/2013, plus statutory additions, including interest, to accrue thereafter pursuant to 26 U.S.C. §§ 6601, 6621, and 6622) for unpaid trust fund recovery pena lties (26 U.S.C. § 6672), annual Form 940, quarterly Form 941, and a penalty imposed under 26 U.S.C. § 6721, for various tax periods from 1997 to 2005; (3) the federal tax liens in favor of the United States have attached to the real proper ty located at (1) 65 Jackson Street, South Webster, OH (Parcel ID 021617000) and legally described in paragraph 14 of the Complaint, and (2) 17 McDonald Street, South Webster, OH (Parcel ID 021616001) and legally described in paragraph 16 of the Comp laint (the "Properties"); (4) Defendants Jack D. Davis, William Zerick, and Nationwide Insurance have no right, title, claim, lien, or interest in the Properties; (5) that the federal tax liens in favor of the United States upon the Propert ies are hereby enforced, and that the Properties 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 action, with the proceeds distribute d as follows: (A) First, to pay for the costs and expenses of sale, including local real estate taxes (to include any outstanding debt owed to Defendant Scioto County Treasurer), and compensation and expenses of a Receiver, if one is appointed; (B) S econd, to Plaintiff United States, Defendant State of Ohio, and Defendant Carolyn S. Coleman in accordance with their respective interests to be determined by a proposed order of public sale that will be submitted to the Court at a later date; and(C) Third, any remainder from the sale of the Properties to Defendant Jack D. Davis; (6) a separate order of sale shall be submitted by the United States and an appropriate order of sale shall be signed and entered. Signed by Judge S Arthur Spiegel on 12/18/2014. (km1) (This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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