United States of America v. Henson

Filing 51

ORDER granting 35 Motion for Summary Judgment, signed by Judge William C. Griesbach on 12/12/11. The government should file a proposed order for entry of judgment. See Order for full detail. (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 10-C-187

THOMAS M. HENSON,
Defendant.

ORDER

The United States has moved for summary judgment as to Defendant Thomas Henson’s
unpaid taxes and for foreclosure on his property. Henson has stipulated to liability for more than
$420,000 in unpaid taxes from years 1991-93 and 1997-2003. (Dkt. # 33.) In response to the
government’s motion for summary judgment, Henson now argues that the earlier period of unpaid
taxes is not subject to judgment because the ten-year statute of limitations period has lapsed. As
the government notes, however, that period did not begin running until the year 2000, and this
lawsuit was brought within the ten-year period. (Dkt. # 45.) Henson’s other objections are based
on a “power of attorney” and / or his belief that he should be allowed to negotiate a different
settlement with the IRS. In short, however, he has not contested the essential facts that underlie the
government’s motion, nor has he shown that foreclosure is not a proper remedy. The government’s
motion is therefore GRANTED. The government should file a proposed order for entry of
judgment.
SO ORDERED this

9th

day of December, 2011.
s/ William C. Griesbach
William C. Griesbach
United States District Judge