Filed: Aug. 14, 2013
Latest Update: Aug. 14, 2013
Summary: STIPULATION AND REQUEST FOR ORDER REGARDING LIEN PRIORITY JOHN A. MENDEZ, District Judge. The United States of America and the California Franchise Tax Board ("FTB"), through their respective attorneys, hereby stipulate and agree as follows: THE SUBJECT PROPERTIES The real property that is the subject of this foreclosure action ("Subject Property") consist of a parcel of real property located in Sacramento County, California, located at 7969 Archer Avenue, Fair Oaks, California 96626 and is
Summary: STIPULATION AND REQUEST FOR ORDER REGARDING LIEN PRIORITY JOHN A. MENDEZ, District Judge. The United States of America and the California Franchise Tax Board ("FTB"), through their respective attorneys, hereby stipulate and agree as follows: THE SUBJECT PROPERTIES The real property that is the subject of this foreclosure action ("Subject Property") consist of a parcel of real property located in Sacramento County, California, located at 7969 Archer Avenue, Fair Oaks, California 96626 and is ..
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STIPULATION AND REQUEST FOR ORDER REGARDING LIEN PRIORITY
JOHN A. MENDEZ, District Judge.
The United States of America and the California Franchise Tax Board ("FTB"), through their respective attorneys, hereby stipulate and agree as follows:
THE SUBJECT PROPERTIES
The real property that is the subject of this foreclosure action ("Subject Property") consist of a parcel of real property located in Sacramento County, California, located at 7969 Archer Avenue, Fair Oaks, California 96626 and is more particularly described as follows:
That certain real property situated in the State of California, County of Sacramento, Unincorporated Area, described as follows:
All that portion of Lot 4, in Block 26, as shown on the "Map of portion of San Juan Grant showing public lands surveys and subdivision of Fair Oaks tract", filed in the Office of the County Recorder of Sacramento County on December 24, 1895 in Book 3 of Maps, Map No. 24, described as follows:
Beginning at the intersection of the East line of said Lot 4 with the South line of Piedmont Subdivision, the plat of which was filed in said Recorder's office on July 31, 1956 in Book 45 of Maps, Map No. 8; thence from said point of beginning along the East line of said Lot 4, South 00° 28' 15" West 125.91 feet to the Southeast corner of said Lot 4; thence along the South line of said Lot 4, South 89° 36' 20" West 147.00 feet; thence parallel with the East line of said Lot 4, North 00° 28' 15" East 125.91 feet to the South line of said Piedmont Subdivision, North 89° 36' 45" East 147.00 feet to the point of the beginning.
Excepting therefrom the West 68/100ths of a foot thereof.
The Subject Property is also identified as Parcel Number 244-0075-018-0000.
CLAIMS OF THE UNITED STATES
On the following dates, duly authorized delegates of the Secretary of the Treasury made assessments against Paul F. Nichols for his unpaid individual federal income taxes for the tax years 1996 through 1998 and 2001, creating federal tax liens:
Tax Period First Assessment Date Date Notice Of Federal Tax Lien Recorded
With Sacramento County Recorder
199 12/18/2000 04/23/2001
1997 01/26/2004 04/21/2004
1998 02/16/2004 04/21/2004
2001 08/30/2004 05/09/2005
The federal tax liens attach to the Subject Property of this action.
CLAIMS OF FTB
On the following dates, the State of California Franchise Tax Board made assessments against Paul F. Nichols, for the tax years 1996, 2000 and 2001:
Tax Period Assessment Date Date Notice of Federal Tax Lien Recorded
With Sacramento County Recorder
1996 02/26/2006 N/A
2000 04/10/2005 07/06/2007
2000 02/26/2006 07/06/2007
2001 04/10/2005 07/06/2007
2001 02/26/2006 07/06/2007
The state tax liens attach to the Subject Properties of this action.
STIPULATIONS
Wherefore, the United States and the State of California Franchise Tax Board hereby stipulate and agree that the United States' federal tax liens against Paul F. Nichols for the tax years 1996 through 1998 and 2001, have priority over the FTB's state tax liens against Paul F. Nichols for the tax years 1996, 2000 and 2001.
The United States and the State of California Franchise Tax Board agree to the following schedule of priority, which corresponds to the above-listed stipulations:
Order of Lien Holder Taxpayer Tax Type Lien Date
Lien Priority (Recording Date)
1 I.R.S. Paul F. Nichols 1996 Federal 12/18/2000
Income Taxes (04/23/2001)
2 I.R.S. Paul F. Nichols 1997 Federal 01/26/2004
Income Taxes (04/21/2004)
3 I.R.S. Paul F. Nichols 1998 Federal 02/16/2004
Income Taxes (04/21/2004)
4 I.R.S. Paul F. Nichols 2001 Federal 08/30/2004
Income Taxes (05/09/2005)
5 California FTB Paul F. Nichols 2000 State 04/10/2005
Income Taxes (07/06/2007)
6 California FTB Paul F. Nichols 2001 State 04/10/2005
Income Taxes (07/06/2007)
7 California FTB Paul F. Nichols 2000 State 02/26/2006
Income Taxes (07/06/2007)
8 California FTB Paul F. Nichols 2001 State 02/26/2006
Income Taxes (07/06/2007)
9 California FTB Paul F. Nichols 1996 State 02/26/2006
Income Taxes (Lien Not Recorded)
The California Franchise Tax Board does not oppose judicial foreclosure of the Subject Properties by Plaintiff the United States should it prevail in this action. However, any proceeds from the sale of the Subject Properties, as among the United States and the California Franchise Tax Board will be used to pay off the interest of the parties as outlined in the chart above. Prior to filing an application for final order of the Court, Plaintiff agrees to provide an accounting to the California Franchise Tax Board setting forth the full disposition of the proceeds from the sale of the Subject Properties.
The parties to this Stipulation agree to bear their own costs and attorney's fees, excepting the costs incurred in selling the Subject Properties, which are to be reimbursed from the proceeds of the sale of the Subject Properties prior to satisfying the outstanding liens on the property.
Upon execution of this Stipulation by both parties and entry of the Order by the Court, the California Franchise Tax Board shall not be required to appear at future hearings in this litigation and shall be treated as non-parties for all purposes including discovery purposes, unless ordered by the Court.
The parties so agree and request an order confirming the foregoing.
