Free Clerk's Judgment - District Court of Colorado - Colorado

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

Document 70

Filed 08/18/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Walker D. Miller Civil Action No. 02-cv-02302-WDM-BNB UNITED STATES OF AMERICA, Plaintiff, v. RICHARD P. DALY; MAGNOLIA REAL ESTATE INVESTMENT COMPANY; COMMUNITY FIRST NATIONAL BANK; and STATE OF COLORADO, DEPARTMENT OF REVENUE, Defendants. ______________________________________________________________________________ JUDGMENT ______________________________________________________________________________ Pursuant to and in accordance with the Notice of Dismissal of Defendant Community First National Bank Only, filed June 12, 2003, by the Honorable Walker D. Miller, United States District Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that the claims as to defendant First National Bank only are dismissed without prejudice, each party to pay his or its own costs and attorneys' fees. Pursuant to and in accordance with the Order of Dismissal, filed July 27, 2005, by the Honorable Walker D. Miller, United States District Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that this case is dismissed without prejudice against the Colorado Department of Revenue. Pursuant to and in accordance with the Order, filed July 6, 2004, by the Honorable Walker -1-

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

Document 70

Filed 08/18/2005

Page 2 of 3

Judge Walker D. Miller 02-cv-02302-WDM-BNB - Judgment D. Miller, United States District Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that plaintiff' motion for summary judgment, filed December 5, 2003 (Docket s #19), is granted as to the following: a. b. Plaintiff has made timely and valid tax assessments against Daly; The Notices of Federal Tax Liens filed by the Internal Revenue Service on May 21, 2002 are not defective as to Daly and do no prohibit federal tax liens from attaching to the residence at 2961 S. Magnolia Way, in Denver, Colorado; and c. Because defendant Magnolia held title to the residence at 2961 S. Magnolia Way as a nominee of defendant Daly, Daly remained the equitable owner of the residence, and the federal tax liens against Daly attach to this property. Pursuant to and in accordance with the Order, filed August 18, 2005 by the Honorable Walker D. Miller, United States District Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that judgment is hereby entered in favor of plaintiff, United States of America, and against defendant, Richard P. Daly, on plaintiff' supplemental motion for summary judgment s in the amount of $246,895.28 as of January 10, 2005, together with interest and penalties that have thereafter accrued, as prescribed in, inter alia, 26 U.S.C. §§ 6601, 6621, 6651, 6654, 6662(e), and subtracting any payments made subsequent to January 10, 2005. It is further

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

Document 70

Filed 08/18/2005

Page 3 of 3

Judge Walker D. Miller 02-cv-02302-WDM-BNB - Judgment ORDERED that post-judgment interest shall accrue on the total amount of $246,895.028 as provided by law. It is further ORDERED that plaintiff shall have its costs by the filing of a Bill of Costs with the Clerk of this Court within ten (10) days of entry of judgment. DATED at Denver, Colorado this 18th day of August, 2005. FOR THE COURT: GREGORY C. LANGHAM, CLERK

s\ Stephen P. Ehrlich, Stephen P. Ehrlich, Chief Deputy Clerk

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