Lake Las Vegas Master Trust v. United States Internal Revenue Service et al

Filing 110

MINUTES OF PROCEEDINGS - Motion Hearing held on 7/28/2017 before Judge Jennifer A. Dorsey.. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Roger Croteau, Kerry Faughnan; Def Counsel: Virginia Lowe; Court Reporter/Recor der: Felicia Zabin; Time of Hearing: 9:30 a.m. - 9:48 a.m.; Courtroom: 6D; The Court makes preliminary remarks and hears representation of counsel on the government's motion for disbursement of funds and confirmation of s ale 103 . For reasons stated on the record, the Court GRANTS the motion and signs the proposed order, ECF No. 103 -1. Court adjourns. (separate order to follow) (no image attached) (Copies have been distributed pursuant to the NEF - DC)

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1 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 LAKE LAS VEGAS MASTER TRUST, ) ) Plaintiff, ) ) v. ) ) UNITED STATES INTERNAL REVENUE ) SERVICE; Z’S, a defaulted Nevada ) Corporation; and DOES 1 through 10, inclusive ) ) Defendants. ) ______________________________ _____ ) LN MANAGEMENT LLC SERIES 31 RUE ) MEDITERRA ) ) Plaintiff, ) ) v. ) ) UNITED STATES INTERNAL REVENUE ) SERVICE; Z’S, a defaulted Nevada ) Corporation; and DOES 1 through 10, inclusive ) ) Defendants. ) ______________________________ _____ ) Case No. 2:14-cv-00435-JAD-NJK (Consolidated with Case No. 2:14-cv-00658 JAD-NJK) [PROPOSED] ORDER FOR CONFIRMATION OF SALE WITH REGARD TO 31 RUE MEDITERRA AND 33 RUE MEDITERRA AND DISBURSEMENT OF PROCEEDS Upon consideration of the United States of America’s Motion for Confirmation of Sale 17 With Regard to 31 Rue Mediterra and 33 Rue Mediterra and Disbursement of Proceeds, the 18 Court finds that the sale of parcels of real property located at 31 Rue Mediterra Dr., Henderson, 19 NV 89011 and 33 Rue Mediterra Dr., Henderson, NV 89011 (“Subject Properties”) was 20 conducted by the United States in compliance with 28 U.S.C. §§ 2001-2002, and it is hereby 21 ORDERED that the United States of America’s Motion is GRANTED. 22 1 1 It is further ORDERED that the sale of the Subject Properties is confirmed. The Internal 2 Revenue Service is hereby authorized to issue property deeds to the purchasers of the Subject 3 Properties. By issuance of the deeds, as authorized by this Order, legal title to the Subject 4 5 6 Properties is transferred free and clear of any claims of Plaintiffs in these cases. It is further ORDERED that the Clerk is directed to disburse the proceeds of the sale which were deposited with the Court, in the following manner: First, to the Internal Revenue Service, attn.: Hallie Lipscomb, IRS, SA-5209, 4330 Watt 7 8 Avenue, Sacramento, CA 95821, for costs and fees incurred in connection with the sale, in the amount of $1,804.92. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Second, the remainder of the funds deposited for the sale, in the amount of $625,195.08, to the United States, for application to the unpaid federal tax liabilities of Z’s, a Nevada Corporation, in a check made payable to the U.S. Department of Justice, mailed as follows to: U.S. Department of Justice Attn: William E. Thompson P.O. Box 310 Ben Franklin Station Washington, DC 20044 7/28/2017 Dated: ____________________ ____________________________ JENNIFER A. DORSEY United States District Judge Submitted by: DAVID A. HUBBERT Acting Assistant Attorney General /S/ Virginia Cronan Lowe VIRGINIA CRONAN LOWE Trial Attorney, Tax Division U.S. Department of Justice Of Counsel: STEVEN W. MYHRE Acting United States Attorney Counsel for the United States 2

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