O'Keefe vs United States of America

Filing 92

ORDER granting ECF No. 91 Stipulation for Judgment and Dismissal of Claims. Signed by Judge Miranda M. Du on 8/8/2019. (Copies have been distributed pursuant to the NEF - LH)

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RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

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HENRY C. DARMSTADTER
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
NICHOLAS A. TRUTANICH
United States Attorney
District of Nevada
Of Counsel

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Attorneys for the United States of America
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MICHAEL F. REEDER,

Civil No.: 3:15-cv-00129-MMD-WGC

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Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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PAMELA M. O’KEEFE, as Trustee
for the JORDAN GRACE REEDER
IRREVOCABLE TRUST,

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Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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STIPULATION BY ALL PARTIES FOR
ENTRY OF JUDGMENT ON UNITED
STATES’ COUNTERCLAIM AGAINST
MICHAEL F. REEDER AND
DISMISSAL OF REFUND AND QUIET
TITLE ACTIONS

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UNITED STATES OF AMERICA,

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Counterclaimant,

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v.

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MICHAEL F. REEDER

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Counterclaim Defendant

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and

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PAMELA M. O’KEEFE, as Trustee
for the JORDAN GRACE REEDER
IRREVOCABLE TRUST and the
DARBY LEIGH REEDER
IRREVOCABLE TRUST; BANK
OF AMERICA, N.A.; and
HERITAGE BANK OF NEVADA,

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Additional Defendants on
Counterclaim.

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Plaintiff and Counterclaim Defendant Michael F. Reeder, Plaintiff and Counterclaim

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Defendant Pamela O’Keefe, as Trustee of the Jordan Grace Reeder Irrevocable Trust (“JGR

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Trust”) and the Darby Leigh Reeder Irrevocable Trust (“DLR Trust”), Counterclaim Defendant

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Bank of America, N. A., Counterclaim Defendant Heritage Bank of Nevada, and Defendant and

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Counterclaim Plaintiff United States of America (“United States”), by and through their

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undersigned counsel, hereby enter into the following stipulation to resolve the above-captioned

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consolidated action:

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1.

Michael F. Reeder stipulates and agrees that judgment shall be entered against

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him and in favor of the United States on the Government’s Counterclaim in the amount of

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$1,100,000, plus statutory interest accruing from July 19, 2019 pursuant to 28 U.S.C.

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§ 1961(c)(1) and 26 U.S.C. § 6621(a)(2) and 6622. The judgment will be for the following tax

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assessments against him of federal excise tax liabilities, including interest and penalties: (a)

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federal excise tax imposed under I.R.C. Section 4401 (26 U.S.C.) for each month from

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September 1993 through March 1997, inclusive and (b) federal excise tax imposed under I.R.C.

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Section 4411 of the Internal Revenue Code for periods ending on or about July 1, 1994, July 1,

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1995, and July 1, 1996 (“subject excise taxes”).

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2.

Pamela O’Keefe, as Trustee for the JGR Trust, stipulates and agrees that the

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United States’ judgment on the Counterclaim against Michael Reeder and the federal tax liens

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for the subject excise taxes attach to the Glenbrook and Morgan Mill Properties identified in the

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Counterclaim, and that the United States may file abstracts of judgment with respect to these

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properties.
3.

Pamela O’Keefe, as Trustee for the DLR Trust, stipulates and agrees that the

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United States’ judgment on the Counterclaim against Michael Reeder and the federal tax liens

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for the subject excise taxes attach to the Hawaii condominium located at 520 Lunalio Home

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Road #7311, Honolulu, Hawaii 96825, and that the United States may file abstracts of judgment

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with respect to this property.

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4.

The United States’ Counterclaim against Counterclaim Defendant Bank of

America, N.A. with respect to the Glenbrook Property shall be dismissed.
5.

The United States’ Counterclaim against Counterclaim Defendant Heritage Bank

of Nevada with respect to the Morgan Mill Property shall be dismissed.
6.

Michael Reeder’s Complaint for Refund and Abatement of Federal Excise Taxes

against the United States shall be dismissed with prejudice.
7.

The Quiet Title Action by Pamela O’Keefe, as Trustee for the JGR Trust, against

the United States shall be dismissed with prejudice.

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8.

Each party to this consolidated action shall bear his, her or its respective costs,

including attorneys’ fees or other expenses of the litigation.

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DATED: August 6, 2019

/s/Henry C. Darmstadter
HENRY C. DARMSTADTER
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683 Ben Franklin Station
Washington, D.C. 20044-0683
[phone]

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Of Counsel
NICHOLAS A. TRUTANICH
United States Attorney
Attorneys for the United States

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PANITZ & KOSSOFF, LLP

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DATED: August 6, 2019

/s/Philip G. Panitz
PHILIP G. PANITZ, ESQ.
PANITZ & KOSSOFF, LLP
5743 Corsa Avenue, Suite 208
Westlake Village, California 91362
[phone]
Attorneys for Plaintiff

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MALCOLM & CISNEROS
DATED: August 6, 2019

/s/Nathan F. Smith
NATHAN F. SMITH, ESQ.
State Bar Number 43160
MALCOLM & CISNEROS
2112 Business Center Drive
Irvine, California 92612
[phone]
Attorneys for Bank of America

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SIMONS HALL JOHNSTON PC
DATED: August 6, 2019

/s/Mark G. Simons
MARK G. SIMONS, ESQ.
SIMONS HALL JOHNSTON PC
6490 S. McCarran Blvd.
Suite F-46
Reno, NV 89509-6165
[phone]
Attorneys for Heritage Bank of Nevada

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The aforegoing stipulation is granted.
DATED: August 8, 2019

IT IS SO ORDERED:

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UNITED STATES DISTRICT COURT
JUDGE

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