United States of America v. Caraway et al

Filing 18

ORDER ON STIPULATION AND REQUEST FOR RESCHEDULING OF CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to April 10, 2009. Signed by Judge Maxine M. Chesney on February 6, 2009. (mmclc2, COURT STAFF) (Filed on 2/6/2009)

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Karen L. Hawkins (SBN 88601) Brett L. Gibbs (SBN 251000) Taggart & Hawkins P.C. 1901 Harrison Street, Suite 1600 Oakland, CA 94612-3501 [phone] Attorneys for Douglas R. Caraway

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) ) No. C­08­04371­MMC ERRATA STIPULATION AND REQUEST FOR RESCHEDULING OF CASE MANAGEMENT CONFERENCE ; ORDER

11 Plaintiff, 12 13 14 DOUGLAS R. CARAWAY, et al. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant. v.

Plaintiff United States of America and Defendants Douglas R. Caraway ("Caraway"), Franchise Tax Board ("FTB"), and Employment Development Department ("EDD"), through their respective counsel, stipulate and request that the case management conference, currently scheduled for February 13, 2009, at 10:30 a.m. in Courtroom 7, be rescheduled to April 17, 2009, at 10:30 a.m. in Courtroom 7. The parties have met and conferred with respect to all issues in this case. Defendant Caraway has failed to file income tax returns with the state of California and with the Internal Revenue Service ("IRS") for the years 1999 through and including 2004. Plaintiff United States prepared substitutes for returns ("SFR's") with respect to each of those years based upon income information available to it and made tax assessments pursuant to the SFR's. Defendants FTB and EDD have recorded state tax liens against Defendant Caraway.

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Defendant Caraway has secured the services of an income tax return preparer to prepare tax returns for the years 1999 through 2004, inclusive for presentation to and examination by both the IRS and FTB. The returns for 2000 and 2001 have been completed and show a substantial reduction in taxes potentially owed to both agencies. Once the balance of the returns can be prepared and reviewed, the parties believe modifications of the amounts of judgment sought for unpaid tax liabilities can be made. Defendant Caraway will stipulate to the modified tax liabilities and make arrangements with the tax authorities for payment. The reason for rescheduling the February 13, 2009 Case Management Conference is to allow additional time for Defendant Caraway's tax preparer to obtain necessary records and to prepare the balance of the delinquent tax returns. For certain of the years, obtaining records requires requesting copies of canceled checks from banks. This process is taking some time. In addition, the preparer who has been retained by Defendant Caraway has obligations to other clients to prepare and file 2008 income tax returns, thereby making it impossible for him to devote 100% of his day to the returns for Caraway.

DATED 2/6/09

____/S/ David L. Denier ___________________ JOSEPH P. RUSSONIELLO United States Attorney DAVID L. DENIER Assistant United States Attorney Tax Division Attorneys for Plaintiff United States of America

DATED:_2/6/09

/S/ Karen L. Hawkins___________________ TAGGART & HAWKINS P.C. KAREN L. HAWKINS Attorneys for Defendant Douglas R. Caraway

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-2S T I P U L A T I O N & REQUEST FOR CONTINUANCE OF CMC (Case No. C­08­04371­MMC)

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-3S T I P U L A T I O N & REQUEST FOR CONTINUANCE OF CMC (Case No. C­08­04371­MMC)

DATED: 2/6/09

/S/ Karen W. Yiu________________________ EDMUND G. BROWN JR. Attorney General of California JOYCE E. HEE Supervising Deputy Attorney General KAREN W. YIU Deputy Attorney General Attorneys for Defendants Franchise Tax Board and Employment Development Department

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 February 6, 2009 Dated: _______________________

ORDER

PURSUANT TO STIPULATION, THE CASE MANAGEMENT CONFERENCE IN THIS 10 CASE SHALL BE RESCHEDULED FOR APRIL 17, 2009, 10:30 A.M., COURTROOM 7. IT IS SO ORDERED.

______________________________________ UNITED STATES DISTRICT JUDGE

-4S T I P U L A T I O N & REQUEST FOR CONTINUANCE OF CMC (Case No. C­08­04371­MMC)

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