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Emily Stuhlbarg and Richard Norene, Co-Conservators v. United States of America

February 23, 2012

EMILY STUHLBARG AND RICHARD NORENE, CO-CONSERVATORS OF THE ESTATE OF FRANK PARKER, PLAINTIFFS,
v.
UNITED STATES OF AMERICA, ON BEHALF OF ITS AGENCY INTERNAL REVENUE SERVICE; STATE OF CALIFORNIA, ON BEHALF OF ITS AGENCY FRANCHISE TAX BOARD; MARK BOOTHBY; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.



JS-6

ORDER ON STIPULATION AS TO LIEN PRIORITY BETWEEN DEFENDANT UNITED STATES OF AMERICA AND DEFENDANT STATE OF CALIFORNIA

Based on the stipulation as to lien priority between defendant United States of America ("United States" or "IRS") and defendant State of California, on behalf of its agency Franchise Tax Board ("FTB"), the Court adopts the stipulation and orders as follows:

1. On March 4, 2011, the instant federal interpleader action was filed in the District Court for the Central District of California.

2. On July 25, 2011, plaintiffs deposited the interpleaded funds of $313,553.20 with the District Court.

3. The State of California and the United States agree that the FTB has lien interests under state law against the interpleaded funds based upon its state income tax assessments for Frank Parker's 2004, 2005, 2006, 2007, 2008, and 2009 tax years.

4. The State of California and the United States agree that the IRS has lien interests under federal law against the interpleaded funds based upon its federal income tax assessments for Frank Parker's 2004, 2005, 2006, 2007, 2008, and 2009 tax years.

5. The United States of America and the State of California agree that, as between them, the relative order of priorities of their respective interests against the funds interpleaded in this action are as follows, plus interest and penalties accruing as provided by law from the dates stated in the "Balance Due" column: Entity & Year

Balance Due Date

Date Notice of Lien Filed

County Notice of Lien Filed

Underlying Taxes/Penalties Assessed

IRS 2005 $37,220.74 as of 1/31/2012

3/5/2007 12/3/2007 Solano County

IRS 2006 $114,121.08 as of 1/31/2012

6/4/2007 12/3/2007 Solano County

FTB 2007 $9,202.46 as of 8/24/2010

10/29/2009 8/19/2010 Los Angeles

County

FTB 2008 $15,603.34 as of 8/24/2010

11/29/2009 8/19/2010 Los Angeles

County

IRS 2007 $42,255.25 as of ...


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