United States v. Carey et al
Filing
231
ORDER signed by Judge Morrison C. England, Jr. on 11/8/2011 GRANTING 226 Motion to Confirm sale of the real property located at 23658 Highway 299E, Bella Vista, California 96008; APPROVING the Proposed Deed of said property. An appropriate official at the IRS shall execute and deliver the Deed to the Property to the purchaser, Michael Hanley Harvey. The proceeds of the sale, totaling $210,000.00, shall be distributed as follows: 1. To the IRS Property Acquisition and Liquidation Specialis t, $1,419.65; 2. To Shasta County, $4,886.14 if distribution is made before 10/1/2011, $4,945.06 if distribution is made on or after 10/1/2011, but before 11/1/2011, or $5,003.98 if distribution is made on or after 11/1/2011, but before 12/1/2011; 3. To Patricia Welch, $106,469.03 if distribution is made before 10/1/2011, $107,066.92 if distribution is made on or after 10/1/2011, but before 11/1/2011, or $107,664.81 if distribution is made on or after 11/1/2011 , but before 12/1/2011; 4. To the USA, $97,225.18 if distribution is made before 10/1/2011, $96,568.37 if distribution is made on or after 10/1/2011, but before 11/1/2011, or $95,911.56 if distribution is made on or after 11/1/2011, bu t before 12/1/2011. Confirmation of the sale shall, and hereby does, discharge and extinguish all interests in, liens against, or claims to the Property that are held by the USA; Michael Carey; Leone Carey; the Ranch Holding Trust, including its Trus tee(s) and beneficiaries; the Hidden Meadows Holding Trust, including its Trustee(s) and beneficiaries; Pamela Graff; Patricia Welch; the State of California Franchise Tax Board; and the State of California Department of Industrial Relations. The purchaser of the Property may record this Order in the public records of Shasta County or in other public records as he may find appropriate. (Michel, G)
<![CDATA[
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Presented by:
BENJAMIN B. WAGNER
United States Attorney
KARI D. LARSON
ADAM D. STRAIT
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044-0683
adam.d.strait@usdoj.gov
Telephone: (202) 307-2135
Facsimile: (202) 307-0054
Attorneys for the United States of America
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
MICHAEL CAREY; LEONE CAREY;
DOUGLAS CARPA and ROBERT
TALBOT, as Trustees of the RANCH
HOLDING TRUST; MICHAEL
BLOOMQUIST, as Trustee of the
HIDDEN MEADOWS HOLDING
TRUST; PAMELA GRAFF; PATRICIA
WELCH; STATE OF CALIFORNIA
FRANCHISE TAX BOARD; and STATE
OF CALIFORNIA DEPARTMENT OF
INDUSTRIAL RELATIONS,
Civil No. 2:05-cv-2176-MCE
ORDER CONFIRMING SALE OF
REAL PROPERTY LOCATED AT
23658 HIGHWAY 299E, BELLA VISTA,
CALIFORNIA
Hearing date: September 19, 2011
Hearing time: 2:00 p.m.
Hearing place: 501 I Street, Sacramento, CA
Courtroom 7
Defendants.
40
Order Confirming Sale of Real Property
Located at 23658 Highway 299E,
Bella Vista, California
Page 1 of 4
7365737.1
1
This matter came before the Court on the United States’ Motion to Confirm Sale of Bella
2
Vista Property (“Motion to Confirm Sale”). Upon consideration of the Motion to Confirm Sale,
3
any opposition, and any reply, it is hereby ORDERED:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
1)
This Order concerns the real property located at 23658 Highway 299E, Bella Vista,
California, 96008 (“the Property”). The Property is more particularly described as follows:
All that portion of the North one-half of the Southwest onequarter of Section 35, Township 33 North, Range 3 West, M.D.B.
& M., lying North of the California State Highway No. 299E.
Excepting therefrom all that portion conveyed in the deed
to Kenneth E. Spencer and Ruth Melba Spencer, husband and wife,
recorded March 16, 1970 in Book 1022 of Official Records, Page
270, Shasta County Records. Also excepting therefrom “All
mineral lands except coal or iron lands” as excepted in the patent
from the United States of America, recorded April 7, 1896 in Book
5 of patents, page 275, Shasta County Records. Also excepting
therefrom one-third of all minerals or other hydrocarbon
substances in said above described property with the right to enter
upon said land and remove the same as reserved in the deed
recorded April 28, 1960 in book 633 official records at page 292,
Shasta County Records.
2)
The Court finds that the Property was sold at public auction on December 8, 2010,
23
in accordance with 28 U.S.C. §§ 2001 and 2002 and this Court’s Order entered February 11,
24
2008. Accordingly, the United States’ Motion to Confirm Sale is hereby GRANTED.
25
3)
It is hereby ORDERED that the sale is confirmed.
26
4)
It is FURTHER ORDERED that the Proposed Deed to Real Property Located at
27
23658 Highway 299E, Bella Vista, California, submitted by the United States is APPROVED,
28
and that an appropriate official at the Internal Revenue Service shall execute and deliver the
29
Deed to the Property to the purchaser, Michael Hanley Harvey.
30
31
5)
It is FURTHER ORDERED that the proceeds of the sale, which total $210,000,
shall be distributed as follows:
Order Confirming Sale of Real Property
Located at 23658 Highway 299E,
Bella Vista, California
Page 2 of 4
7365737.1
1
First, to the Internal Revenue Service Property Acquisition and Liquidation Specialist in
2
the sum of $1,419.65 for the costs of the sale of the Property, including advertising and
3
locksmith expenses. The check shall be made payable to “United States Treasury” and shall be
4
sent to the Internal Revenue Service, ATTN: Douglas McDonald, 751 Daily Drive, Suite 100,
5
Camarillo, California, 93010, and the phrase “Carey – Bella Vista” shall be placed in the memo
6
line of the check.
7
Second, to Shasta County for payment of due and owing ad valorem taxes on the
8
Property. The check shall be made payable to “Shasta County Tax Collector” and shall be sent
9
to the Shasta County Tax Collector’s Office, PO Box 991830, Redding, California, 96099-1830,
10
and the phrase “AP No. 305-150-008” shall be placed in the memo line of the check. The
11
amount of this payment to Shasta County shall be $4,886.14, if distribution is made before
12
October 1, 2011; $4,945.06, if distribution is made on or after October 1, 2011 and before
13
November 1, 2011; and $5,003.98, if distribution is made on or after November 1, 2011 and
14
before December 1, 2011.
15
Third, to Patricia Welch in full payment of her senior interest in the Property. The check
16
shall be made payable to “Armstrong Law Offices, in trust for its client, Patricia Welch,” and
17
shall be sent to Armstrong Law Offices, 326 N. Mount Shasta Blvd., Suite 2, Mount Shasta, CA
18
96067. The amount of this payment to Patricia Welch shall be $106,469.03 if distribution is
19
made before October 1, 2011; $107,066.92 if distribution is made on or after October 1 but
20
before November 1, 2011; and $107,664.81 if distribution is made on or after November 1 but
21
before December 1, 2011.
22
23
Fourth, to the United States of America for application to the unpaid federal income tax
liabilities of Michael and Leone Carey for the years 1995 through 2000. The check shall be
Order Confirming Sale of Real Property
Located at 23658 Highway 299E,
Bella Vista, California
Page 3 of 4
7365737.1
1
made payable to “United States Treasury” and shall be sent to Adam D. Strait, Trial Attorney,
2
U.S. Department of Justice, P.O. Box 683, Washington, D.C. 20044, and the phrase “Carey
3
2005104103” shall be placed in the memo line of the check. The amount of this payment to the
4
United States of America shall be the remainder of the proceeds: $97,225.18 if distribution is
5
made before October 1, 2011; $96,568.37 if distribution is made on or after October 1 but before
6
November 1, 2011; and $95,911.56 if distribution is made on or after November 1 but before
7
December 1, 2011.
6)
8
It is FURTHER ORDERED that the confirmation of the sale shall, and hereby does,
9
discharge and extinguish all interests in, liens against, or claims to the Property that are held by
10
the United States of America; Michael Carey; Leone Carey; the Ranch Holding Trust, including
11
its Trustee(s) and beneficiaries; the Hidden Meadows Holding Trust, including its Trustee(s) and
12
beneficiaries; Pamela Graff; Patricia Welch; the State of California Franchise Tax Board; and the
13
State of California Department of Industrial Relations.
7)
14
It is FURTHER ORDERED that the purchaser of the Property may record this
15
Order in the public records of Shasta County or in other public records as he may find
16
appropriate.
IT IS SO ORDERED.
17
18
19
20
21
22
23
24
25
26
27
Dated: November 8, 2011
__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE
DEAC_Signatu re-END:
c4d6b0d3
Order Confirming Sale of Real Property
Located at 23658 Highway 299E,
Bella Vista, California
Page 4 of 4
7365737.1
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
