United States of America v. Larry M Levy et al
Filing
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JUDGMENT by Judge David O. Carter, in favor of United States of America against Larry M Levy. Related to: Stipulation for Judgment 35 . A money judgment shall be entered against defendant Larry M. Levy, and in favor of plaintiff United States of America (Internal Revenue Service), in the amount of $359,450.83 for the remaining unpaid federal income taxes owed by Larry M. Levy to IRS for the tax years 2000, 2006, 2007, and 2008, including all accrued interest and applicable penalties through January 24, 2014. Default judgment is entered against North American Capital Corporation, and it shall take nothing from the funds on deposit with the Clerk. (MD JS-6, Case Terminated). (twdb)
JS-6
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ANDRÉ BIROTTE JR.
United States Attorney
SANDRA R. BROWN
Assistant United States Attorney
Chief, Tax Division
DARWIN THOMAS (SBN 80745)
Assistant United States Attorney
Room 7211 Federal Building
300 North Los Angeles Street
Los Angeles, CA 90012
Telephone: (213) 894‐2740
Facsimile: (213) 894‐0115
Email: Darwin.Thomas@usdoj.gov
Attorneys for the United States of America
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
) Case No. SACV 13‐0397 DOC(ANx)
UNITED STATES OF AMERICA,
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Plaintiff,
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vs.
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LARRY M. LEVY, individually and doing ) JUDGMENT [35]
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business as Business Development
Group, Inc., GMAC MORTGAGE, LLC, )
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JEFFREY A. LEVY, STATE OF
CALIFORNIA FRANCHISE TAX BOARD, )
DENNIS N. BRAGER, APC, and NORTH )
AMERICAN CAPITAL CORPORATION, )
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Defendants.
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and
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the summons in this matter and failed to answer or otherwise appear in this
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action, and its default was entered by the Clerk on November 25, 2013, and
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plaintiff has filed an application for entry of default judgment against defendant
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North American Capital Corporation; and
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WHEREAS defendant Dennis N. Brager, APC, has disclaimed in this action;
WHEREAS defendant North American Capital Corporation was served with
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WHEREAS defendant GMAC Mortgage, LLC, has been dismissed from this
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action, and
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Franchise Tax Board, have answered the complaint and appeared in this action;
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and
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America, and defendants Larry M. Levy, Jeffrey A. Levy, and State of California
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Franchise Tax Board, previously stipulated, and pursuant to such stipulation the
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Court ordered, that the real property upon which the plaintiff sought to foreclose
WHEREAS defendants Larry M. Levy, Jeffrey A. Levy, and State of California
WHEREAS the appearing parties in this action, plaintiff United States of
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in this case could be sold at a private sale with the proceeds from the sale to be
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used to pay the costs of sale and the lien claim of the first mortgage lender, with
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the remaining sales proceeds to be deposited with the Clerk of the Court for
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distribution to the parties as ordered by the Court; and
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the proceeds from that sale were used to pay the costs of sale and the lien claim
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of the first mortgage lender, and the remaining proceeds from the sale, in the
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amount of $699,827.13, were deposited with the Clerk; and
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requested that the Court enter a final judgment in this matter;
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entry of default judgment against defendant North American Capital Corporation,
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and all matters that are properly part of the record in this case, and good cause
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appearing, IT IS ORDERED, ADJUDGED, AND DECREED, THAT
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WHEREAS a private sale of the subject real property was accomplished and
WHEREAS the appearing parties have reached a settlement in this case and
Based on the stipulation of the appearing parties, plaintiff’s application for
1. The amount of the unpaid federal income tax liability of defendant Larry
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M. Levy for the 1991 tax year, including all accrued interest and
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applicable penalties through January 24, 2014, is $3,114.70; and
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2. The amount of the unpaid federal income tax liability of defendant Larry
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M. Levy for the 1992 tax year, including all accrued interest and
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applicable penalties through January 24, 2014, is $102,580.79; and
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3. The amount of the unpaid federal income tax liability of defendant Larry
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M. Levy for the 1994 tax year, including all accrued interest and
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applicable penalties through January 24, 2014, is $56,056.51; and
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4. The amount of the unpaid federal income tax liability of defendant Larry
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M. Levy for the 1997 tax year, including all accrued interest and
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applicable penalties through January 24, 2014, is $33,114.29; and
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5. The amount of the unpaid federal income tax liability of defendant Larry
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M. Levy for the 1999 tax year, including all accrued interest and
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applicable penalties through January 24, 2014, is $37,259.44; and
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6. The amount of the unpaid federal income tax liability of defendant Larry
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M. Levy for the 2000 tax year, including all accrued interest and
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applicable penalties through January 24, 2014, is $77,049.22; and
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7. The amount of the unpaid federal income tax liability of defendant Larry
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M. Levy for the 2006 tax year, including all accrued interest and
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applicable penalties through January 24, 2014, is $132,509.79; and
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8. The amount of the unpaid federal income tax liability of defendant Larry
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M. Levy for the 2007 tax year, including all accrued interest and
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applicable penalties through January 24, 2014, is $95,245.21; and
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9. The amount of the unpaid federal income tax liability of defendant Larry
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M. Levy for the 2008 tax year, including all accrued interest and
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applicable penalties through January 24, 2014, is $74,963.55; and
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10. Defendant Jeffrey A. Levy had a valid lien claim against the subject real
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property which was transferred to the sales proceeds from the subject
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property that are now deposited with the Clerk, including accrued
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interest through January 24, 2014, in the amount of $366,888.00, that is
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superior to the lien claims that the United States and the California
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Franchise Tax Board had against the subject property; and
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11. The respective lien claims of the United States Internal Revenue Service
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(“IRS”) and the California Franchise Tax Board (“FTB”) against the
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subject property, which have been transferred to the sales proceeds
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from the subject property that are now deposited with the Clerk, and
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the relative priority of such lien claims based on the respective tax
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assessment dates of the Internal Revenue Service and the Franchise Tax
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Board, including all accrued interest and applicable penalties through
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January 24, 2014, are as follows:
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Taxing Agency/Year Assessment Date
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FTB 1998 05/14/00 $12,699.96
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FTB 1999 11/30/01 $36,240.04
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IRS 1991 02/11/02 $ 3,114.70
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IRS 1992 02/11/02 $102,580.79
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IRS 1994 02/11/02 $56,056.51
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IRS 1999
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FTB 2000 10/27/02 $30,924.14
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IRS 1997 03/31/03 $33,114.39
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IRS 2000
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FTB 1998 02/22/06 $ 5,277.06
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FTB 1999 02/22/06 $ 4,374.26
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FTB 2000 02/22/06 $ 4,095.19
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FTB 2007 10/01/10 $ 3,825.25
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FTB 2010 07/28/12 $ 1,019.10
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07/22/02
04/07/03
Amount Due
$37,259.44
$77,049.22
IRS 2006
09/24/12
$132,509.79
IRS 2007
09/24/12
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$ 95,245.21
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IRS 2008
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09/24/12
$ 74,963.55
12.The funds now on deposit with the Clerk shall be distributed as follows:
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full satisfaction of his lien claim against the deposited funds, in a check
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payable to “Jeffrey A. Levy” to be mailed to:
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Hochman, Salkin, Rettig, Toscher & Perez, P.C.
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Attn: Sharyn M. Fisk
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9150 Wilshire Blvd., Suite 300
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Beverly Hills, CA 90212‐3414
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Second, $80,496.36, plus $6.62 per day from and after May 1, 2014
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to the date of payment, shall be distributed to defendant State of
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California Franchise Tax Board in partial satisfaction of its lien claims
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against the deposited funds for the California state income taxes owed
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by defendant Larry M. Levy for the tax years 1998, 1999, and 2000, in a
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check payable to “Franchise Tax Board” to be mailed to:
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Franchise Tax Board
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Attn: Todd Bailey, Legal Division
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MS: A‐260
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P.O Box 1720
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Rancho Cordova, CA 95741‐1720
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Third, the remaining funds on deposit with the Clerk after the above
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described payments to defendants Jeffrey A. Levy and State of California
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Franchise Tax Board, including any interest earned on such funds, shall
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be distributed to plaintiff United States in partial satisfaction of its lien
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claims against the deposited funds for the federal income taxes owed by
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defendant Larry M. Levy for the tax years 1991, 1992, 1994, 1997, 1999,
First, $366,888.00 shall be distributed to defendant Jeffrey A. Levy in
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and 2000, , in a check payable to “U.S. Department of Justice” to be
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mailed to:
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U.S. Attorney’s Office, Tax Division
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Attn: Darwin Thomas
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300 No. Los Angeles St., Room 7211
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Los Angeles, CA 90012
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13. A money judgment shall be entered against defendant Larry M. Levy,
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and in favor of plaintiff United States of America (Internal Revenue
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Service), in the amount of $359,450.83 for the remaining unpaid federal
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income taxes owed by Larry M. Levy to IRS for the tax years 2000, 2006,
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2007, and 2008, including all accrued interest and applicable penalties
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through January 24, 2014.
14. Default judgment is entered against North American Capital
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Corporation, and it shall take nothing from the funds on deposit with
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the Clerk.
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DATED: May 23, 2014 ________________________________________
HONORABLE DAVID O. CARTER
United States District Judge
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