United States of America v. Caraway et al

Filing 20

ORDER ON STIPULATION AND REQUEST FOR RESCHEDULING OF CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to July 10, 2009. Signed by Judge Maxine M. Chesney on March 31, 2009. (mmclc2, COURT STAFF) (Filed on 3/31/2009)

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1 2 3 4 5 6 7 8 9 10 Karen L. Hawkins (SBN 88601) Brett L. Gibbs (SBN 251000) Taggart & Hawkins P.C. 1901 Harrison Street, Suite 1600 Oakland, CA 94612-3501 (510) 893-9999 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 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. STIPULATION AND REQUEST FOR RESCHEDULING OF CASE MANAGEMENT CONFERENCE; ORDER THEREON 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 April 10, 2009, at 10:30 a.m. in Courtroom 7, be rescheduled to July 10, 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 previously failed to file income tax returns with the state of California and with the Internal Revenue Service ("IRS") for the years 1998 (FTB only), 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 for tax liabilities believed to be due. 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 Defendant Caraway has delivered to the Franchise Tax Board and to the Internal Revenue Service California and federal income tax returns the years 1998 (FTB only), 1999 through 2004, inclusive. These returns were prepared by a paid tax preparer and show a substantial reduction in taxes potentially owed to both agencies. Both agencies will assign these returns for review by someone in their examination divisions. Once the balances due on each return are confirmed, or revisions are proposed during the process of the examination, the parties believe modifications to the amounts of judgments sought for unpaid California and federal income tax liabilities will be made. At that time, Defendant Caraway will stipulate to the modified tax liabilities and make arrangements with the tax authorities for payment. The reason for rescheduling the April, 2009 Case Management Conference is to allow time for the tax agencies' examination personnel to review and accept, or propose modifications to, the returns prepared by Defendant Caraway's tax preparer DATED 3/30/09 ____/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:_3/30/09 /S/ Karen L. Hawkins___________________ TAGGART & HAWKINS P.C. KAREN L. HAWKINS Attorneys for Defendant Douglas R. Caraway DATED: 3/30/09 /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 -2S T I P U L A T I O N & REQUEST FOR CONTINUANCE OF CMC (Case No. C­08­04371­MMC) 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 March 31, 2009 Dated: _______________________ ORDER PURSUANT TO STIPULATION, THE CASE MANAGEMENT CONFERENCE IN THIS CASE is hereby SHALL BE RESCHEDULED FOR JULY 10, 2009, 10:30 A.M., COURTROOM 7. IT IS SO ORDERED. ______________________________________ UNITED STATES DISTRICT JUDGE -3S T I P U L A T I O N & REQUEST FOR CONTINUANCE OF CMC (Case No. C­08­04371­MMC) c28VFST IPC ONTINU .wpd

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