USA v. Draper et al

Filing 42

ORDER. ORDERED that the United States' Motion for Approval of Stipulations, and for Entry of Proposed Judgment and Proposed Order of Sale 41 is granted ORDERED that each party shall bear its respective costs, including attorney's fees and other costs associated with this litigation. It is further ORDERED that this case is closed. Signed by Judge Philip A. Brimmer on 12/08/16. (jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 15-cv-01596-PAB-GPG UNITED STATES OF AMERICA, Plaintiff, v. MARTIN W. DRAPER, 562 GATEWAY ROAD, LLC, and PITKIN COUNTY, COLORADO, Defendants. ORDER This matter comes before the Court on the United States’ Motion for Approval of Stipulations, and for Entry of Proposed Judgment and Proposed Order of Sale [Docket No. 41]. The Court will enter a separate Order of Foreclosure and Judicial Sale. Good cause appearing, it is ORDERED that the United States’ Motion for Approval of Stipulations, and for Entry of Proposed Judgment and Proposed Order of Sale [Docket No. 41] is granted. It is further ORDERED that judgment shall be entered in favor of plaintiff United States of America and against defendant Martin W. Draper on plaintiff’s first claim for relief, which sought to reduce federal income tax assessments to judgment. Judgment shall be entered against Mr. Draper for federal income taxes for the tax years 2002-2008 in the amount of $405,065.88 as of May 15, 2016, plus statutory interest pursuant to 26 U.S.C. §§ 6601, 6621, and 6622, 28 U.S.C. § 1961(c), and other statutory additions running from May 15, 2016. It is further ORDERED that judgment shall be entered against defendants Martin Draper and 562 Gateway Road LLC with respect to plaintiff’s second and third claims for relief, which sought to foreclose federal tax liens on real property that is held by defendant Gateway Road LLC in partial satisfaction of the assessments against Mr. Draper. The real property is located at 562 Gateway Road, Snowmass, Colorado, 81654, and is described as follows: LOT 12, BLOCK 1, GATEWAY TO SNOWMASS MESA SUBDIVISION, FILING NO. 1. The tax liens against Mr. Draper attach to the property. It is further ORDERED that each party shall bear its respective costs, including attorney’s fees and other costs associated with this litigation. It is further ORDERED that this case is closed. DATED December 8, 2016. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 2

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