Free Order on Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-00437-WYD-CBS

Document 45

Filed 07/07/2005

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF COLORADO CIVIL ACTION NO. 04-D-0437 (CBS) JAMES K. CASART Plaintiff vs. THE UNITED STATES OF AMERICA, Defendant _____________________________________________________________________ UNITED STATES OF AMERICA, Counterclaim Plaintiff vs. JAMES K. CASART; SCOTT CONNORS; TERRY A. FICKEN; TODD E. FICKEN; and FREDERICK J. KLODT, Counterclaim Defendants.

ENTRY OF JUDGMENT AND DISMISSAL AS TO COUNTERCLAIM DEFENDANTS TODD E. FICKEN AND TERRY A. FICKEN

Based on the stipulation of the parties, and good cause having been shown, JUDGMENT in the above-captioned case is entered in favor of the United States, and against Todd E. Ficken and Terry A. Ficken, individually, for the unpaid assessed balance of the penalty assessed pursuant to 26 U.S.C. § 6672 in the amount of $518,617.76, plus interest accruing under law after the date of assessment,
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Case 1:04-cv-00437-WYD-CBS

Document 45

Filed 07/07/2005

Page 2 of 2

February 4, 2002, pursuant to 26 U.S.C. §§ 6601, 6621, and 6622, and 28 U.S.C. § 1961(c) until paid. The counterclaim of the United States against Todd E. Ficken and Terry A. Ficken in the above-captioned case is dismissed with prejudice. Each party shall bear its respective costs as to this litigation, to include attorney' s fees. Dated: July 7, 2005 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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