Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:02-cv-02302-WDM-BNB

Document 77

Filed 01/05/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CIVIL ACTION NO. 02-WM-2302 (BNB)

UNITED STATES OF AMERICA, Plaintiff, v. RICHARD P. DALY, et al., Defendants.

UNITED STATES' REPORT OF SALE AND REQUEST FOR ORDER CONFIRMING JUDICIAL SALE

The United States hereby reports the execution of the Order of Judicial Sale entered September 29, 2005, in this case. Pursuant to the Order of Judicial Sale, the United States requests that the Court enter the accompanying proposed Order Confirming Judicial Sale. In support of this request, the United States submits the Declaration of Property Appraisal and Liquidation Specialist Ernest J. Sell describing the sale. On August 18, 2005, a final Judgment in a Civil Case was entered in favor of the United States in this case, reducing the tax assessments to judgment and foreclosing federal tax liens on 2961 S. Magnolia Way, Denver, Colorado 80224 (hereinafter the "Property"). The Judgment determined that Richard P. Daly owed federal individual income tax, for the years at issue, in the amount of $246,895.28 as of January 10, 2005, together with interest and penalties that have thereafter accrued pursuant to 26 U.S.C. §§ 6601, 6621, 6651, 6654, and 6662(e), minus any payments made subsequent to January 10, 2005.

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1490119.1

Case 1:02-cv-02302-WDM-BNB

Document 77

Filed 01/05/2006

Page 2 of 3

The sale of the Property was performed in accordance with the terms of the Order of Judicial Sale and 28 U.S.C. § 2001. For four weeks prior to December 16, 2005, the Notice of Sale attached as Exhibit A to the Declaration of Ernest J. Sell was published in the Denver Business Journal, a newspaper of general circulation in Denver County, Colorado. See Declaration of Ernest J. Sell, Ex. A. On December 16, 2005, at noon, on location at the Property, the United States offered for sale at public auction to the highest bidder the Property described in the Notice of Sale. Fortysix bidders attended the auction. The successful bidder, Joe Ekstrom, bid $280,000 and paid a deposit of $60,000 to the United States Treasury Department . See Declaration of Ernest J. Sell, Ex. A. The Order of Judicial Sale, at paragraph 14, provides that the Court may enter an order confirming the sale of the realty. According to the PACER docket, no objections to the sale have been filed. Moreover, confirming the sale and authorizing the IRS to issue a deed to Mr. Ekstrom may help in efforts to close this transaction in the next few weeks. // //

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1490119.1

Case 1:02-cv-02302-WDM-BNB

Document 77

Filed 01/05/2006

Page 3 of 3

WHEREFORE, the United States respectfully requests that the Court enter an order confirming the sale in the form lodged herewith. Respectfully submitted this 5th day of January, 2006. JOHN W. SUTHERS United States Attorney MARK S. PESTAL Assistant United States Attorney /s/ Richard A. Latterell JEFFREY S. SWYERS RICHARD A. LATTERELL Trial Attorneys, Tax Division U.S. Department of Justice Post Office Box 683 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 514-6507 (202) 307-6422 Attorneys for the United States

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