Estate of Austin D. Herrick v. USA, No. 2:2012cv00671 - Document 38 (D. Utah 2016)

Court Description: MEMORANDUM DECISION and ORDER granting 37 Motion for Clarification and Amending 35 the Court's March 25, 2016 Memorandum Decision and Order. Signed by Judge Dale A. Kimball on 3/31/2016. (eat)

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Estate of Austin D. Herrick v. USA Doc. 38 ______________________________________________________________________________ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION ESTATE OF AUSTIN D. HERRICK, Plaintiff, MEMORANDUM DECISION AND ORDER vs. Case No. 2:12CV671DAK UNITED STATES OF AMERICA, Judge Dale A. Kimball Defendants. On March 28, 2016, Plaintiff filed a Motion for Clarification of the court’s March 25, 2016 Memorandum Decision and Order. The court GRANTS Plaintiff’s motion. The court intended to award Plaintiff the refund it was due plus interest under 26 U.S.C. § 6611. Accordingly, the court’s March 25, 2016 Memorandum Decision and Order is amended to clarify and provide that Plaintiff is due a refund less tax, penalties, and interest that were owed the IRS in the amount of $1,197,979.15, plus interest pursuant to 26 U.S.C. § 6611 as computed through March 25, 2016 in the amount of $390,662.39, plus interest pursuant to 26 U.S.C. § 6611 for the period of time from March 25, 2016, until the judgment is paid. The court requests the Clerk of Court to enter an Amended Judgment reflecting this clarification. Dockets.Justia.com Dated this 31st day of March, 2016. BY THE COURT: ________________________________________ Dale A. Kimball, United States District Judge 2

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