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Razzari v. Taha

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 10, 2009

TIMOTHY RAZZARI, PLAINTIFF,
v.
HAMMAD TAHA, AKA OHAMMAD TAHA, INDIVIDUALLY AND DBA TAHA MITSUBISHI; WADIE TAHA; MOHAMMAD TAHA; TAYSEER TAHA; KITCHEN MOTORS, A GENERAL PARTNERSHIP; FIDELITY NATIONAL TITLE COMPANY; TULARE COUNTY TAX COLLECTOR; STATE BOARD OF EQUALIZATION; UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE. DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION RE: DEFENDANT INTERNAL REVENUE SERVICE'S TAX LIENS RELATIVE TO DEEDS OF TRUST; [PROPOSED] ORDER REMANDING CASE BACK TO STATE COURT

Defendant, Internal Revenue Service ("IRS"), and plaintiff, Timothy Razzari ("plaintiff") hereby stipulate to the following:

Recitals

(1). The IRS recorded the following tax liens in Tulare County against the following taxpayers:

TaxpayerType of LiabilityDate FiledAmount owed as of 12/31/2008 Tahas MitsubishiFICA for the third and fourth quarters of 200611/15/07 & 12/18/07$43.879.57 Hammad Taha1040 for 200601/02/08$42,360.54 Wadie Taha1040 for 200604/29/08$26,174.99

(2). Plaintiff's Deed of Trust was recorded on January 17, 2007 in Tulare County;

(3). The deed of Trust securing the indebtedness owed to Kitchen Motors was recorded on February 27, 2004 in Tulare County;

Stipulation

(4). The Notices of Federal Tax Liens identified in paragraph (1) above are junior to the two deeds of trust identified in paragraphs (2) and (3) above;

(5). To the extent that the sale of the subject property produces excess proceeds, the IRS will be entitled to such proceeds based upon its relative lien priority vis a vis the Board of Equalization;

(6). The IRS does not waive its rights to redeem the subject property pursuant to 28 U.S.C. § 2410(c).

(7). The Complaint for Foreclosure of Trust Deed may be remanded to the State Court upon execution of this Stipulation.

LAWRENCE G. BROWN Acting United States Attorney BRIAN W. ENOS Assistant U.S. Attorney Attorneys for Defendant Internal Revenue Service

KAHN, SOARES & CONWAY, LLP (As auth. 3/10/09) RISSA STUART JERRY CHILDS Attorneys for Plaintiff Timothy Razzari

IT IS SO ORDERED.

20090310

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