Simons v. United States

74 Fed. Cl. 709, 98 A.F.T.R.2d (RIA) 8007, 2006 U.S. Claims LEXIS 366, 2006 WL 3488862
CourtUnited States Court of Federal Claims
DecidedNovember 30, 2006
DocketNo. 06-115C
StatusPublished
Cited by2 cases

This text of 74 Fed. Cl. 709 (Simons v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simons v. United States, 74 Fed. Cl. 709, 98 A.F.T.R.2d (RIA) 8007, 2006 U.S. Claims LEXIS 366, 2006 WL 3488862 (uscfc 2006).

Opinion

MEMORANDUM OPINION AND ORDER

BRADEN, Judge.

I. RELEVANT FACTS1

This case involves a long-term dispute between Plaintiffs and the Internal Revenue [711]*711Service (“IRS” or “Government”) arising from two settlement agreements concerning tax returns filed by Plaintiffs in the 1970s and 1980s.

A. First Settlement Agreement.

On April 16, 1979, the IRS issued a Notice of Deficiency regarding Plaintiffs’ 1974 income taxes. See Am. Compl. Ex. at 60. On July 13, 1979, Plaintiffs filed a Petition with the United States Tax Court (“Tax Court”) contesting this deficiency. See Am. Compl. 1140. In 1980, the IRS issued a second Notice of Deficiency for tax years 1972 and 1973. Id. 1141. In response, Plaintiffs filed a second Petition with the Tax Court contesting this additional Notice of Deficiency. Id. 1142. During the pendency of the Tax Court proceedings, the parties engaged in settlement negotiations. See Am. Compl. Ex. at 22-25 (Plaintiffs’ January 11, 1982 Settlement Proposal). Ultimately, a settlement was reached (“First Settlement Agreement”). On April 22, 1983, the Tax Court entered decisions in both cases, “pursuant to the agreement of the parties,” holding that for 1972, Plaintiffs owed no additional taxes; for 1973, Plaintiffs owed $23,773 in additional taxes and a negligence penalty of $1,179; and for 1974, Plaintiffs owed $17,071 in additional taxes and a negligence penalty of $854. See Am. Compl. Ex. at 12-13 (April 22, 1983 Tax Court decision for tax years 1972 and 1973); Am. Compl. Ex. at 14-15 (April 22, 1983 Tax Court decision for tax year 1974).

On July 25,1983, the IRS, acting pursuant to the Tax Court’s April 22, 1983 Order, assessed Plaintiffs with a tax deficiency for tax year 1974.2 See Simons I, 864 F.Supp. at 172. The Amended Complaint in this case alleges that on November 7, 1983, Plaintiffs sent a check to the IRS for $49,546.55 to satisfy 1973 and 1974 obligations, as required by the Tax Court’s April 22, 1983 decisions. See Am. Compl. Ex. at 51 (photocopy of a check dated November 7, 1983, made out to the “Internal Revenue Service” by “Simons & Co.” in the amount of $49,546.55); see also Simons II, 185 F.3d 875. The Amended Complaint in this case also alleges that the IRS credited the entire amount of that payment only against Plaintiffs’ 1973 tax deficiency, leaving them liable for subsequent tax collection activities by the IRS for tax year 1974. See Am. Compl. U 60.

In February of 1998, Plaintiffs filed motions in the Tax Court for leave to vacate the April 22, 1983 decisions for lack of jurisdiction. See Simons II, 185 F.3d 875. The Tax Court summarily denied both motions. Id. This decision was affirmed by the United States Court of Appeals for the Tenth Circuit. Id.

B. Second Settlement Agreement.

Sometime in 1988, the IRS resumed efforts to collect taxes allegedly owed by Plaintiffs for 1974. See Am. Compl. 1169. On December 14,1992, the United States Attorney filed a complaint against Plaintiffs in the United States District Court for the District of Utah (“District Court”) to collect the 1974 tax assessment, as well as tax deficiencies for 1982 and 1987. See Am. Compl. Ex. at 180-92 (Complaint, United States v. Simons, No. 92-1071 (D.Utah Dec. 14, 1992)); Simons I, 864 F.Supp. at 1721. The District Court encouraged the parties to engage in settlement negotiations. See Am. Compl. Ex. at 203-04. Eventually, the parties agreed to settle the Government’s claims in exchange for $55,000 (“Second Settlement Agreement”). See Simons III, 86 Fed.Appx. at 378. Plaintiffs, however, “reneged on the payment and instead moved to dismiss the action.” Id. On June 18, 2002, the District Court held a hearing on Plaintiffs’ Motion to Dismiss and the Government’s Motion for Summary Judgment. See Am. Compl. Ex. at 203-04. On June 20, 2002, the District Court entered [712]*712an Order ruling that the parties had entered into a valid and binding settlement, “pursuant to which [Plaintiffs] promised to pay $55,000 to the United States Treasury” and that Plaintiffs’ “failure to honor the settlement agreement was not in good faith.” Id.; see also Simons III, 86 Fed.Appx. at 378. The District Court also held that if the Plaintiffs did not comply with the terms of the Settlement Agreement, the Government’s Motion for Summary Judgment would be granted. See Am. Compl. Ex. at 203-04. On June 24, 2002, Plaintiffs submitted a check to the Government for $55,000. See Am. Compl. Ex. at 214. On August 5, 2002, the District Court entered a Final Order and Judgment dismissing the case against the Plaintiffs in accordance with the Second Settlement Agreement. See Am. Compl. Ex. at 215-16; see also Simons III, 86 Fed.Appx. at 378.

Fifty-nine days after the entry of that Final Order, Plaintiffs appealed. Subsequently, the United States Court of Appeals for the Tenth Circuit affirmed, holding that by entering into a valid Settlement Agreement, Plaintiffs had “waived their right to appeal the matters they now attempt to raise.” See United States v. Simons, 86 Fed.Appx. 377, 378 (10th Cir.2004). Id. On September 14, 2006, Plaintiffs filed a Motion to Vacate the District Court’s dismissal, which is still pending.

II. PROCEDURAL BACKGROUND

On February 15, 2006, Plaintiffs filed a Complaint in the United States Court of Federal Claims. On April 13, 2006, Plaintiffs filed an Amended Complaint alleging that the First Settlement Agreement was a binding contract that the Government breached in 1988 when it resumed efforts to collect deficient taxes from Plaintiffs in 1974. See Am. Compl. 111122-92. The Amended Complaint also alleges that the Government’s ongoing collection efforts, including the proceedings in the District Court, constituted: fraud, id. HH 93-120; an abuse of administrative process, id. UU153-63; an abuse of judicial process, id. U11164-75; slander and libel, id. ITU 175-96; conspiracy, id. ITU 197-210; and harassment, id. 1111211-13. The April 13, 2006 Amended Complaint further challenges the validity of the Second Settlement Agreement. Id. H1Í 121^49. Finally, the Amended Complaint alleges a wide range of takings claims. Id. HU 221-47.

On May 13, 2006, the Government filed a Motion to Dismiss, pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”). On June 13, 2006, Plaintiffs filed a Response, captioned as a Motion to Strike the Government’s Motion to Dismiss. On June 29, 2006, the Government filed a Corrected Motion to Dismiss, pursuant to RCFC 12(b)(1) and (b)(6). On June 30, 2006, the Government filed a Response to Plaintiffs’ Motion to Strike. On July 14, 2006, Plaintiffs filed, by leave, a Response to the Government’s Reply to Plaintiffs’ Motion to Strike.

III. DISCUSSION

A. Jurisdiction.

The Tucker Act is the principal statute establishing the jurisdiction of the United States Court of Federal Claims. See 28 U.S.C. § 1491.

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74 Fed. Cl. 709, 98 A.F.T.R.2d (RIA) 8007, 2006 U.S. Claims LEXIS 366, 2006 WL 3488862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simons-v-united-states-uscfc-2006.