United States of America v. Felix Kelly Prakasam et al

Filing 75

AMENDED JUDGMENT AND ORDER OF SALE by Judge Virginia A. Phillips: against Felix K. Prakasam in the amount of $646,818.79, as of December 12, 2005, for a grand total of $1,769,497.45 as of December 12, 2005, plus accrued interest andpenalties, and other statutory additions as provided by law, in accordance with applicable provisions of the Internal Revenue Code, Title 26, United States Code. (am)

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1 THOMAS P. O'BRIEN United States Attorney 2 SANDRA R. BROWN Assistant United States Attorney 3 Chief, Tax Division VALERIE L. MAKAREWICZ 4 (SBN 229637) Assistant United States Attorney 5 Room 7211, Federal Building 300 North Los Angeles Street 6 Los Angeles, CA 90012 Telephone: (213) 894-2729 7 Facsimile: (213) 894-0115 Email: valerie.makarewicz@usdoj.gov 8 Attorneys for Plaintiff 9 United States of America 10 11 12 13 UNITED STATES OF AMERICA, 14 15 16 17 18 19 20 21 22 23 24 This matter having come before the Court for hearing on 25 plaintiff's motion for relief from judgment, Assistant United 26 States Attorney Valerie Makarewicz appeared for plaintiff United 27 States of America. 28 the Court record. After reviewing the materials submitted by the Other appearances were made as reflected on ) No. ED CV 04-00989 VAP(SGLx) ) Plaintiff, ) ) v. ) AMENDED JUDGMENT AND ORDER OF ) SALE FELIX KELLY PRAKASAM; LILIANA P.) PRAKASAM; GINANNE MANAGEMENT (A ) PURE TRUST) TO WIT: RICHARD J. ) HUMPAL, TRUSTEE; RICHARD J. ) HUMPAL, TRUSTEE OF THE GINANNE ) MANAGEMENT PURE TRUST; ) COUNTRYWIDE HOME LOANS, INC.; ) EUGENE BROWN; G&D ENTERPRISES, ) INC.; AAMCO TRANSMISSIONS, INC.;) AND STATE OF CALIFORNIA, ) FRANCHISE TAX BOARD, ) ) Defendants. ) ________________________________) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION 1 parties, argument of the parties, and the case file, it is hereby 2 ORDERED that plaintiff's motion is GRANTED and the judgment 3 entered on December 19, 2005, should be amended to read as 4 follows. 5 6 IT IS ORDERED, ADJUDGED, and DECREED: 1. That for the taxes assessed by the Internal Revenue 7 Service against defendants Felix K. and Liliana P. Prakasam, in 8 accordance with applicable provisions of the Internal Revenue 9 Code, Title 26, United States Code, plaintiff United States of 10 America have and recover judgment against defendants Felix K. and 11 Liliana P. Prakasam in the amount of $1,122,678.66 as of December 12 12, 2005, plus interest and other statutory additions as provided 13 by law, and against Felix K. Prakasam in the amount of 14 $646,818.79, as of December 12, 2005, for a grand total of 15 $1,769,497.45 as of December 12, 2005, plus accrued interest and 16 penalties, and other statutory additions as provided by law, in 17 accordance with applicable provisions of the Internal Revenue 18 Code, Title 26, United States Code. 19 2. That Felix K. and Liliana P. Prakasam are the owners of 20 the parcel of real property (hereinafter referred to as the which 21 is located at, and commonly known as, 25011 Daisy Avenue, Loma 22 Linda, California 92354 (hereinafter referred to as "subject 23 Property"). The subject property is situated in the County of 24 San Bernardino, State of California, and is more particularly 25 described as follows: 26 27 28 LOT 45, TRACT NO. 6913, IN THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 89 OF MAPS, PAGES 89, 90 AND 91 RECORDS OF SAN 2 1 2 3 4 5 BERNARDINO COUNTY. COMMONLY KNOWN AS: 25011 DAISY AVENUE, LOMA LINDA, CALIFORNIA 92354. ASSESSOR PARCEL NO.: 0284-362-01-0-000 3. That the United States of America has a valid and 6 existing federal tax liens against the property interests of 7 Felix K. and Liliana P. Prakasam in the subject properties, which 8 liens are herein reduced to judgment, and that such liens are 9 foreclosed against the interests of Felix K. and Liliana P. 10 Prakasam in the subject property. 11 4. That the subject property is ordered to be sold by the 12 Area Director of the Internal Revenue Service, Santa Ana, 13 California Area (hereinafter "Area Director"), or his delegate, 14 in accordance with the provisions of Title 28, United States 15 Code, Sections 2001 and 2002. 16 5. That any party to this proceeding or any person claiming 17 an interest in the subject property may move the Court, pursuant 18 to Title 28, United States Code, Section 2001(b), for an order 19 for a private sale of the subject property. Any such motion 20 shall be filed within twenty (20) days of the date of this 21 Judgment and shall set forth with particularity (a) the nature of 22 the moving party's interest in the subject property, (b) the 23 reasons why the moving party believes that a private sale would 24 be in the best interests of the United States of America and any 25 other claimant involved herein, (c) the names of three proposed 26 appraisers and a short statement of their qualifications, and (d) 27 a proposed form of order stating the terms and conditions of the 28 private sale. Any such motion shall comply with Rule 7 of the 3 1 Local Rules of the District Court for the Central District of 2 California. 3 6. That the Area Director, or his delegate, is ordered to 4 sell the subject property if it does not become the subject of a 5 motion pursuant to the preceding paragraph, in accordance with 6 Title 28, United States Code, Sections 2001(a) and 2002. The 7 subject property shall be sold at a public sale to be held in the 8 San Bernardino County Courthouse, 351 N. Arrowhead Avenue, San 9 Bernardino, California, 92415, the procedures for each sale shall 10 be as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Notice of the sale shall be published once a week for at least four (4) weeks prior to the sale in at least one newspaper regularly issued and of general circulation in San Bernardino County, California. notice shall describe the properties by both their street address and legal description, and shall contain the terms and conditions of sale as set out herein. b. follows: A minimum bid determined by reference to the current fair market value shall be required. The minimum bid shall be 75% of The terms and conditions of sale shall be as Said the current fair market value as determined by an appraisal of the subject property by the Internal Revenue Service. The terms of sale as to all persons or parties bidding shall be cash. The successful bidder shall be required to deposit with the Area Director 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 cash equal to twenty percent (20%) of the bidder's total bid immediately upon the property being struck off and awarded to such bidder as the highest and best bidder; and the remaining eighty percent (80%) of said purchase price is to be paid on or before 5:00 p.m., within three (3) days of the date of sale. Should any person bid off the property at the sale by virtue of this Judgment and Order of Sale, and fail to comply with the terms of the sale, such bidder shall be liable to the United States for twenty percent (20%) of the value of the property thus bid off as a penalty, and said deposit shall be paid over and delivered to the United States to be applied toward payment of said penalty, but payment of said penalty shall not be a credit on the judgment of the United States. 7. Upon selling the subject property, the Area Director, or 21 his delegate, shall prepare and file with this Court an 22 accounting and report of sale for the subject property, and shall 23 give to the purchaser of the subject property a Certificate of 24 Sale containing the description of the property sold and the 25 price paid. The accounting and report of the sale shall be filed If no 26 within ten (10) days from the date of such sale. 27 objections have been filed in writing in this cause with the 28 Clerk of the Court within fifteen (15) days of the date of sale, 5 1 the sale shall be confirmed without necessity of motion, and the 2 Area Director shall be directed by the Clerk of the Court to 3 execute and deliver his deed to the purchaser. 4 8. Possession of the subject property which is sold shall 5 be yielded to the purchaser upon the production of the 6 Certificate of Sale and Deed; and if there is a refusal to so 7 yield, a Writ of Assistance may, without further notice, be 8 issued by the Clerk of this Court to compel delivery of the 9 subject property sold to the purchaser. 10 9. The Area Director shall apply the proceeds of sale for 11 the subject property first, to expenses of sale for the subject 12 property, second, in satisfaction of any unpaid real property 13 taxes owing to the County of San Bernardino as secured against 14 the subject property on the date of sale. The proceeds then 15 remaining from the sale of the subject property shall be 16 distributed in accordance with the provisions of paragraph 10 17 below. 18 10. To the extent that there are sales proceeds remaining 19 from the sale of the subject property, after the payments of the 20 expenses and claims set forth above in paragraph 9, such 21 remaining proceeds shall be treated as a single fund and shall be 22 applied by the Area Director to pay the following lien claims, 23 which are liens against all of the subject properties, in the 24 following order: 25 26 27 28 (1) First, to the United States of America in partial or full satisfaction of the judgment and lien of the United States as set forth in paragraph 1 above, in the amount of $1,769,497.45 as of December 12, 2005, 6 1 2 3 4 5 6 7 8 9 10 11. plus all additions to the unpaid federal income tax liabilities of Felix K. and Liliana P. Prakasam accruing according to applicable law after December 12, 2005, until the date of payment; (2) If any surplus remains after making the aforesaid payments, the Area Director, or his delegate, shall so report, and return and pay the same into the registry of this Court for distribution under further order of this Court. That the Court hereby retains jurisdiction of this 11 action for the purpose of making proper distribution of any 12 surplus of the proceeds of sale, pursuant to the Area Director's 13 Accounting and Report of Sale. 14 IT IS SO ORDERED. 15 DATED: December 3, 2008. 16 17 ______________________________ VIRGINIA A. PHILLIPS UNITED STATES DISTRICT JUDGE 18 Respectfully submitted, THOMAS P. O'BRIEN 19 United States Attorney SANDRA R. BROWN 20 Assistant United States Attorney Chief, Tax Division 21 22 VALERIE L. MAKAREWICZ Assistant United States Attorney 23 Tax Division Attorneys for Plaintiff United States of America 24 25 26 27 28 7

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