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United States v. Henderson

United States District Court, E.D. Arkansas, Western Division

June 12, 2017

UNITED STATES OF AMERICA PLAINTIFF
v.
JOHN D. HENDERSON, MARSHA HENDERSON, FIRST NATIONAL BANK OF IZARD COUNTY, DEPARTMENT OF FINANCE AND ADMINISTRATION, WHITE RIVER HEALTH SYSTEM, INC., CAVALRY, SPV I, LLC DEFENDANTS

          JUDGMENT

         The previous judgment [Doc. No. 35] entered is hereby vacated and judgment is entered as follows:

         IT IS ORDERED AND ADJUDGED that judgment is entered in favor of the United States and against defendant John D. Henderson on Count I of the United States' complaint for federal income tax liabilities in the amount of $1, 667, 475.84 as of March 24, 2017, as described below, plus statutory additions including interest that have accrued and will continue to accrue on the amounts owed until the balance is paid in full:

Tax Year

Unpaid Balance as of March 24, 2017

2002

$ 236, 622.13

2003

$ 231, 981.30

2004

$ 336, 952.64

2005

$ 307, 270.50

2006

$ 91, 518.65

2007

$ 170, 147.54

2008

$ 266, 266.88 2010 $ 26, 716.20

         IT IS FURTHER ORDERED AND ADJUDGED that judgment is entered in favor of the United States and against John D. Henderson on Count II of the United States' complaint as follows:

1. Pursuant to 26 U.S.C. §§ 6321 and 6322, the United States has valid and subsisting federal tax liens that attached to all property and rights to property of John Henderson, including the real properties identified as Parcels A, B, and C in paragraphs 18, 19, and 20 of the United States complaint, and legally described as:
PARCEL A
Lot #17, EASTWIND SUBDIVISION, part of the West-Half of Section 6, Township 14 North, Range 10 West.

         PARCEL B

         PT. SE½ SW¼, Section 1, Township 14 North, Range U West, described as beginning at a point 1n the West line of Massey Avenue at that is 700.53 feet South of the centerline of Webb Street, thence S 3 deg 31 min 04 sec E 117.62 feet to the point of beginning of the land herein described, thence S 3 deg 31 min 04 sec E 117.62 feet to a point marked by Iron pin; thence S 89 deg 28 m1n 05 sec W 252.40 feet to a point marked by iron pin; thence 1 deg 1 min 36 sec W 110.24 feet to a point; thence N 86 deg 02 m1n 37 sec E 244.37 feet to the point of beginning, also being described as Pt. of Lots 3 and 4, Block 16, Lackey Addition, containing .60 acre, more or less.

         PARCEL C

         (Image Ommited)

         Section 6, Township 14 North, Range 10 West

2. The federal tax liens are enforced against the real properties described in paragraph 1 above, and those properties shall be sold pursuant to further order of this Court;
3. The net sale proceeds from the real properties identified as Parcels A and B in paragraph 1 above shall be distributed to the United States and defendant State of Arkansas, Department of Finance and Administration (“DF&A”) pursuant to the stipulation filed in this action regarding their lien priority ...

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