Securities And Exchange Commission v. Charles Schwab Investment Management Inc. et al

Filing 15

ORDER APPOINTING TAX ADMINISTRATOR by Judge Alsup granting 14 Motion (whalc2, COURT STAFF) (Filed on 3/8/2011)

Securities And Exchange Commission v. Charles Schwab Investment Management Inc. et al

Doc. 15

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Case No. C 11-00136 WHA CHARLES SCHWAB INVESTMENT MANAGEMENT, CHARLES SCHWAB & CO., INC., AND SCHWAB INVESTMENTS, Defendants.

[PROPOSED] ORDER APPOINTING TAX ADMINISTRATOR The Court having reviewed the Securities and Exchange Commission's ("Commission") motion to appoint Damasco & Associates LLP as Tax Administrator and for good cause shown,

IT IS HEREBY ORDERED: 1. Damasco & Associates LLP is appointed as Tax Administrator to execute all income tax reporting requirements, including the preparation and filing of tax returns, with respect to funds under this Court's jurisdiction in this case (the "Distribution Fund"). 2. Damasco & Associates LLP shall be designated the administrator of the Distribution Fund, pursuant to section 468B(g) of the Internal Revenue Code (IRC), 26 U.S.C. § 468B(g), and related regulations, and shall satisfy the administrative requirements imposed by those

[PROPOSED] ORDER APPOINTING TAX ADMINISTRATOR

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CASE NO. C-11-0136 WHA
Dockets.Justia.com

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regulations, including but not limited to (a) obtaining a taxpayer identification number, (b) filing applicable federal, state, and local tax returns and paying taxes reported thereon out of the Distribution Fund, and (c) satisfying any information, reporting, or withholding requirements imposed on distributions from the Distribution Fund. The Tax Administrator shall contemporaneously provide copies of all such filings to the Commission's counsel of record. 3. The Tax Administrator shall, at such times as the Tax Administrator deems necessary to fulfill the tax obligations of the Distribution Fund, request that the Commission's counsel of record file with the Court a motion, supported by the Tax Administrator's declaration of the amount of taxes due, to transfer funds from the Distribution Fund on deposit with the Court to pay any tax obligations of the Distribution Fund. 4. The Tax Administrator shall be entitled to charge reasonable fees for tax compliance services and related expenses in accordance with its agreement with the Commission. The Tax Administrator shall, at such times as the Tax Administrator deems appropriate, submit a declaration of fees and expenses to Charles Schwab Investment Management and Charles Schwab & Co., Inc. for payment. A copy of each declaration also shall be sent to the Commission's counsel of record. March 8, 2011. Dated: _____________ ________________________________ WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

[PROPOSED] ORDER APPOINTING TAX ADMINISTRATOR

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CASE NO. C-11-0136 WHA