Opinion
Andre Birotte Jr., United States Attorney, Sandra R. Brown, Assistant United States Attorney, Chief, Tax Division, Darwin R. Thomas CBN 80745, Valerie L. Makarewicz CBN 229637, Assistant United States Attorneys, Los Angeles, CA, Attorneys for the United States of America.
[PROPOSED] JUDGMENT IN FAVOR OF UNITED STATES OF AMERICA
R. GARY KLAUSNER, District Judge.
On April 19, 2010, plaintiff Rothwell, Ltd. filed a complaint against defendant United States of America for wrongful levy pursuant to 26 U.S.C. § 7426. A bench trial was held on June 14, 2011, concluding on June 16, 2011. On June 30, 2011, the Court issued an "Order RE: Court Trial, " wherein the Court granted judgment in favor of defendant United States of America and against plaintiff Rothwell, Ltd. on plaintiff's claim for wrongful levy pursuant to 26 U.S.C. § 7426.
Based on all of the pleadings filed by the parties in connection with this case, the trial of this case, the Court's "Order RE: Court Trial" issued on June 30, 2011, and on all matters that are properly part of the record in this proceeding, and good cause appearing therefor,
IT IS ORDERED, ADJUDGED, and DECREED that
1. Plaintiff Rothwell, Ltd. is the nominee of Joseph R. Francis, holding its assets as a nominee for Joseph R. Francis, including its securities account with Morgan Stanley in Irvine, California.
2. The Internal Revenue Service levy, served upon Morgan Stanley on November 6, 2009, for the funds held in Rothwell, Ltd.'s securities account, was not wrongful pursuant to 26 U.S.C. § 7426.
3. The Court hereby grants judgment in favor of defendant United States of America and against plaintiff Rothwell, Ltd. on plaintiff's claim for wrongful levy pursuant to 26 U.S.C. § 7426.
4. Plaintiff Rothwell Ltd.'s complaint, filed on April 19, 2010, is hereby dismissed, with prejudice.
IT IS SO ORDERED.