United States v. Jones

699 F. Supp. 248, 63 A.F.T.R.2d (RIA) 1337, 1988 U.S. Dist. LEXIS 7979, 1988 WL 118366
CourtDistrict Court, D. Kansas
DecidedJuly 26, 1988
DocketCiv. A. No. 87-2179-O
StatusPublished
Cited by1 cases

This text of 699 F. Supp. 248 (United States v. Jones) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jones, 699 F. Supp. 248, 63 A.F.T.R.2d (RIA) 1337, 1988 U.S. Dist. LEXIS 7979, 1988 WL 118366 (D. Kan. 1988).

Opinion

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

This matter is before the court on the plaintiff United States’ motion for summary judgment. The United States brought an action to foreclose tax and judgment liens against real property of the defendants Robert C. and Dona Jones. This court has jurisdiction under 28 U.S.C. §§ 1340, 1345.

When considering a motion for summary judgment, we must examine all evidence in the light most favorable to the opposing party. Prochaska v. Marcoux, 632 F.2d 848, 850 (10th Cir.1980), cert. denied, 451 U.S. 984, 101 S.Ct. 2316, 68 L.Ed.2d 841 [249]*249(1981). If the moving party bears the burden of proof at trial, he must show, through pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. See Fed.R. Civ.P. 56(c). If the moving party does not bear the burden of proof, he must show “that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). This burden is met when the moving party identifies those portions of the record demonstrating an absence of a genuine issue of material fact. Id. at 323, 106 S.Ct. at 2553.

If the moving party meets his requirement, the burden shifts to the nonmoving party, who “must set forth specific facts showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986) (emphasis added). The trial judge then determines whether a trial is needed — “whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.” Id.

I. Background.

The pertinent facts are as follows: On June 15, 1977, the United States obtained a judgment in this court against the Jones in the amount of $34,495.33 for tax liabilities for the years 1963 through 1969. See United States v. Jones, 703 F.2d 473, 474 (10th Cir.1983) (the appellate decision relating to the Jones’ refusal to respond to questions concerning their assets pursuant to their fifth amendment privilege against self-incrimination during proceedings in aid of execution on the June 15, 1977, judgment).

On June 2, 1982, the United States obtained a judgment in this court against the Jones in the amount of $94,739.93, plus accrued but unassessed interest and penalties in the amount of $42,631.99 through April 1, 1982, plus interest thereafter as provided by law, for tax liabilities for the years 1973 through 1979.

On May 25, 1983, the United States obtained a judgment against the Jones in the United States District Court for the Western District of Missouri in the amount of $10,038.41, plus accrued and statutory interest and penalties, for tax liability for the year 1980. On April 16, 1987, this judgment was docketed in the United States District Court for the District of Kansas. On April 22, 1987, the judgment was docketed in the District Court of Johnson County, Kansas.

The above-described judgments have not been paid in full. According to the declaration of Patricia Valentine, a supervisory tax examining assistant, the remaining balance due on the judgment was $280,667.34 as of March 1, 1988.

The Jones own real property located at 8900 Delmar, Prairie Village, Kansas. This property was the subject of a state court action entitled McDaniel v. Jones, 235 Kan. 93, 679 P.2d 682 (1984). The United States intervened in this action and as a result, it foreclosed on the property to satisfy its tax liens and judgments. However, proceeds from the sale of the property did not fully satisfy the judgments. See McDaniel, 235 Kan. at 102, 679 P.2d at 691. After the foreclosure sale, the Jones redeemed the property.

Additionally, Johnson County, Kansas, has liens against the property for local real estate taxes for the years 1984, 1985, and 1987 in the amount of $9,749.27.

II. Application of the Law.

Following an assessment of tax liability, the United States holds a lien on all property, real or personal, of the taxpayer. See 26 U.S.C. § 6321. The lien arises at the time of assessment and continues until the assessed liability is satisfied or becomes unenforceable by reason of a lapse of time. Id. § 6322.

The United States has obtained an assessment of tax liabilities against the Jones in the form of three judgments. However, the Jones assert that the assessment has been satisfied. Further, the Jones assert [250]*250three defenses: (1) the United States’ action is barred by a statute of limitations, (2) the United States may not, under Kansas law, foreclose on the real property to satisfy its judgments because it has previously participated in a foreclosure on the property, and (3) the Jones have a right of redemption in a foreclosure action. The United States asserts that the assessment has not been satisfied, the alleged defenses are invalid, and summary judgment is warranted.

A. Satisfaction of the Judgments.

The United States submitted copies of the judgments and a declaration regarding the amount outstanding on the judgments with its memorandum supporting its summary judgment motion. The declaration details yearly assessments, penalties, interest rates, and payments. In response, the Jones’ memorandum opposing summary judgment asserts that various payments and levies against property are not credited in the assessment. No evidence is submitted to support this assertion, and the assertion itself is insufficient to avoid summary judgment on the issue of satisfaction of the judgments. See Anderson, 477 U.S. at 248, 106 S.Ct. at 2510, 91 L.Ed.2d at 212.

B. The Statute of Limitations.

The Jones’ answer asserts that the United States’ action is barred by a statute of limitations; however, the answer fails to identify the statute. The Jones’ memorandum in opposition to summary judgment does not mention the statute of limitations defense.

Federal law provides a limitation on actions in 26 U.S.C. § 6502:

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Related

Jones v. United States (In Re Jones)
116 B.R. 810 (D. Kansas, 1990)

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Bluebook (online)
699 F. Supp. 248, 63 A.F.T.R.2d (RIA) 1337, 1988 U.S. Dist. LEXIS 7979, 1988 WL 118366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jones-ksd-1988.