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United States v. Thompson

United States District Court, D. Nebraska

June 8, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
HARLAN M. THOMPSON; DIANE C., THOMPSON; MAPLE LEAF FUNDING, A,

ORDER OF SALE

JOSEPH F. BATAILLON, Senior District Judge.

On March 24, 2015, this Court issued a Memorandum and Order granting summary judgment in favor of Plaintiff United States of America. Filing No. 116. In its Order, this Court found that: (1) defendants Harlan Thompson and Diane Thompson "are the true and beneficial owners of the Property" at issue in this case; (2) "the United States has valid and subsisting federal tax liens on the Property" at issue in this case; and ruled that (3) this "Court will enter judgment foreclosing the federal tax liens on the Property described in this case, and order the Property to be sold and any person occupying the Property to leave and vacate the Property."

Filing No. 116 at 8.

Accordingly, IT IS ORDERED that the property at issue in this case, and the land with the buildings thereon, located in Dixon County, Nebraska, at 399 East 7th Street in Wakefield, NE ("the Property"), and more particularly described as:

Lot 1, Turney's Addition located in the South half of the South half of the Southwest Quarter of Section 33, Township 27 North, Range 5, East of the 6th P.M, Dixon County, Nebraska.
Together with a perpetual easement providing ingress and egress over the East 25 feet of Lot 2 of said Turney's Addition as shown on the Plat and Dedication thereof

be sold under title 28 United States Code ยงยง 2001 and 2002 to satisfy or partially satisfy the federal income tax and federal civil penalty liabilities of defendants Harlan M. Thompson and Diane C. Thompson for tax years 2002, 2003, 2005, 2006, and 2007 as follows:

1. The Internal Revenue Service Property Appraisal and Liquidation Specialists (PALS), is authorized to offer for public sale and to sell the Property.
2. The PALS is authorized to immediately take action on this Order of Sale.
3. The terms and conditions of the sale are as follows:
a. the sale of the Property shall be free and clear of any interest of Harlan M. Thompson, Diane C. Thompson, Maple Leaf Funding, a "Pure" Trust (Maple Leaf Funding)[1], Capitol One Bank, and Discover Bank;
b. the sale shall be subject to building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the Property, and easements and restrictions of record, if any;
c. the sale shall be held either at the courthouse of the county or city in which the Property is located or ...

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