Estate of Austin D. Herrick v. USA

Filing 38

MEMORANDUM DECISION and ORDER granting 37 Motion for Clarification and Amending 35 the Court's March 25, 2016 Memorandum Decision and Order. Signed by Judge Dale A. Kimball on 3/31/2016. (eat)

______________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

ESTATE OF AUSTIN D. HERRICK,
Plaintiff,

MEMORANDUM DECISION
AND ORDER

vs.
Case No. 2:12CV671DAK
UNITED STATES OF AMERICA,
Judge Dale A. Kimball
Defendants.

On March 28, 2016, Plaintiff filed a Motion for Clarification of the court’s March 25,
2016 Memorandum Decision and Order. The court GRANTS Plaintiff’s motion. The court
intended to award Plaintiff the refund it was due plus interest under 26 U.S.C. § 6611.
Accordingly, the court’s March 25, 2016 Memorandum Decision and Order is amended to clarify
and provide that Plaintiff is due a refund less tax, penalties, and interest that were owed the IRS
in the amount of $1,197,979.15, plus interest pursuant to 26 U.S.C. § 6611 as computed through
March 25, 2016 in the amount of $390,662.39, plus interest pursuant to 26 U.S.C. § 6611 for the
period of time from March 25, 2016, until the judgment is paid. The court requests the Clerk of
Court to enter an Amended Judgment reflecting this clarification.

Dated this 31st day of March, 2016.
BY THE COURT:

________________________________________
Dale A. Kimball,
United States District Judge

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