USA v. Krute, et al

Filing 49

AMENDED ORDER signed by Magistrate Judge Craig M. Kellison on 3/18/2014 GRANTING 45 Motion to Confirm Judicial Sale and Distribute Proceeds. Plaintiff shall promptly deliver a deed of sale to the purchaser. The Clerk shall disburse all proceeds in the following manner: first, to the IRS in the amount of $1,067; second, to Siskiyou County in the amount of $1,173.89 (if paid before 3/31/2014); and third, the remainder of the proceeds to the State of California Franchise Tax Board. (cc Financial Administrator) (Donati, J) Modified on 3/18/2014 (Pine, C). (Main Document 49 replaced on 3/18/2014) (Pine, C).

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 No. CIV S-10-3241-KJM-CMK AMENDED ORDER1 vs. STANLEY R. KRUTE, et al., 15 Defendants. 16 / 17 Plaintiff brings this civil action to reduce outstanding federal tax liens to a 18 judgment and for foreclosure of federal tax liens. Pending before the court is plaintiff’s motion 19 to confirm judicial sale and distribute proceeds (Doc. 45). The matter was heard on October 30, 20 2013, before the undersigned in Redding, California. Anna Nelson, Esq., appeared for plaintiff. 21 Defendant did not oppose the motion or appear at the hearing. 22 Good cause appearing therefor, the motion is granted. 23 /// 24 /// 25 26 1 This amended order updates the pay-off amounts to Siskiyou County. All other aspects of the court’s original December 17, 2013, order remain in effect. 1 1 2 The sale of the Parcel A specifically described as 18617 Camp Creek Road, Hornbrook, California, and legally described as: 3 Lot 33, according to the Parcel Map Survey for Mr. Jack Nathan and Mr. Joe Gorrono of a portion of Township 48 North, Range 5 West, M.D.M., filed July 21, 1970, in Parcel Map Book 1, pages 37 through 29 inclusive, Siskiyou County Recorder’s Office. APN: 041-010-320. 4 5 6 is hereby confirmed. 7 Plaintiff shall promptly deliver a deed of sale to the purchaser. 8 The Clerk of the Court shall disburse all proceeds of the sale from the court’s 9 registry in the following manner: 10 First, to the IRS in the amount of $1,067, which sum is to be 11 applied to costs incurred in selling the property. The check shall be 12 payable to the Internal Revenue Service and sent to: 13 Hallie Lipscomb 14 Property Appraisal &Liquidation Specialist Internal Revenue Service 4330 Watt Ave. Sacramento, CA 95821 15 16 17 Second, to Siskiyou County in the amount of $1,173.89 (if paid on 18 or before March 31, 2014) or $1,186.50 (if paid on or before April 19 30, 2014) or $1,199.11 (if paid on or before May 31, 2014) or 20 $1,211.72 (if paid on or before June 30, 2014), which sum is to be 21 applied to the unpaid property taxes. The check shall be payable to 22 Siskiyou County Tax Collector Assessment Number 041-010-320- 23 000, and sent to: 24 Siskiyou County Tax Collector 311 4th Street, Room 104 Yreka, CA 96097 25 26 /// 2 1 Third, the remainder of the proceeds to the State of California 2 Franchise Tax Board, which payment is to be applied first towards 3 the outstanding assessment dated May 22, 2000, for tax year 1998 4 and second towards the outstanding assessment dated December 8, 5 2001, for tax year 1999. The check shall be payable to the 6 Franchise Tax Board, with Taxpayer ID number 121-41098-80, 7 and sent to: 8 Franchise Tax Board Attn: Veronica Baez Collection Advisory Team, MS A-240 9646 Butterfield Way Sacramento, CA 95827 9 10 11 12 13 The Clerk of the Court shall forward a copy of this order to the court’s Financial Department. IT IS SO ORDERED. 14 15 16 17 DATED: March 18, 2014 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 3

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