United States v. Latney's Funeral Home, Inc.

41 F. Supp. 3d 24, 2014 WL 1826732, 113 A.F.T.R.2d (RIA) 2012, 2014 U.S. Dist. LEXIS 63577
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 8, 2014
DocketCivil Action No.: 11-2096 (RC)
StatusPublished
Cited by19 cases

This text of 41 F. Supp. 3d 24 (United States v. Latney's Funeral Home, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Latney's Funeral Home, Inc., 41 F. Supp. 3d 24, 2014 WL 1826732, 113 A.F.T.R.2d (RIA) 2012, 2014 U.S. Dist. LEXIS 63577 (D.C. Cir. 2014).

Opinion

Re Document No.: 25

MEMORANDUM OPINION

Granting Plaintiff’s Motion for Civil Contempt and Sanctions

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

The United States (the “Government”) alleges that Latney’s Funeral Home, Inc. (“LFHI”) attempted to avoid its federal tax obligations for the better part of a decade by repeatedly failing to file tax returns and pay taxes owed to the Internal Revenue Service (“IRS”). On February 17, 2012, the Court granted by consent a Preliminary Injunctive Order (the “Injunction”) against LFHI that, among other things, precluded LFHI from committing further violations of the Internal Revenue Code. Order, ECF No. 18. The Court also granted the Government’s unopposed Motion for Partial Summary Judgment, finding that LFHI owes over $1 million in unpaid payroll taxes and civil penalties. Mem. Op., Apr. 10, 2013, ECF No. 23. After LFHI remained delinquent on its past and present federal tax obligations, the Government filed a Motioii for Civil Contempt and Sanctions and a Show Cause Order against LFHI and its cooperators, Carol E. Latney-Solomon (“Latney-Solomon”) and John W. Latney (“Latney”) (collectively, “Defendants”). PL’s Mot. for Civ. Contempt, June 21, 2013, ECF No. 25. On October 29, 2013, this Court ordered that Defendants show cause for why they should not be held in civil contempt of the Injunction. Order, ECF No. 34.

Upon consideration of the Government’s motion and Defendants’ opposition to that motion, as well as additional relevant filings in this matter, the Court concludes for the reasons discussed below that Defendants are in civil contempt of the Injunction. Further, to remedy Defendants’ continued noncompliance with the internal revenue laws and the Injunction, the Court orders that a limited receiver be appointed .to assume control of LFHI’s assets and ensure that Defendants’ past, present, and future federal tax obligations are met.

II. FACTUAL AND PROCEDURAL BACKGROUND

LFHI is a family-run funeral home in the District of Columbia operated by sib[28]*28lings Latney-Solomon and Latney. Compl., Nov. 23, 2011, ECF No. 1, ¶¶ 2-3, 10. LFHI was founded in 1938, and Latney-Solomon and Latney inherited the company from their parents. Defs.’ Mem. in Opp’n, Mar. 31, 2014, ECF No. 44, at 1. In its Complaint, the Government alleges that since at least 1999, LFHI has committed numerous violations of the Internal Revenue Code. These violations include: LFHI’s failure to timely file its Employer’s Quarterly Tax Returns (Form 941) for all taxable quarters since the third quarter of 1999, Compl., ECF No. 1, ¶ 14; LFHI’s failure to pay federal income and social security taxes that were withheld from LFHI employees for nearly every quarterly tax .period since 1999, totaling $1,009,871, id. ¶¶ 15-18; LFHI’s failure to timely file Federal Unemployment Tax Act (Form 940) returns since 1999, id. ¶ 20; and LFHI’s failure to pay the full amount of federal unemployment taxes between December 1999 and December 2008, totaling $60,322, id. ¶¶ 21-24. In addition to these violations, LFHI owes $28,062 in civil penalties under 26 U.S.C. § 6721 for its intentional failure to file W-2 Wage and Tax statements in 2002. Id. ¶¶ 26-29.

Before filing the Complaint, the Government took several steps to move Defendants into compliance with the federal tax laws and to prevent Defendants from further compounding their tax liabilities. PL’s Mot. for Prelim. Inj., Nov. 23, 2011, ECF No. 2, at 5-6. For example, on May 21, 2008, the Government sent Defendants an “IRS Letter 903” imploring them to comply with the payment and deposit rules for federal employment taxes and advising' them of possible civil and criminal penalties for continued noncompliance. Decl. of Lisa A. Swope, ECF No. 1-1, at ¶¶ 20-21. Despite issuance of this warning, LFHI continued to incur additional employment tax liabilities on top of the taxes it already owed for prior periods. Order, ECF No. 18, at ¶ 8. The IRS also attempted conventional collection methods against LFHI to no avail. PL’s Mot. for Prelim. Inj., ECF No. 2, at 6. These actions included filing Notices of Federal Tax Lien against LFHI and issuing IRS levies to sixteen potential sources of collection regarding LFHI’s outstanding taxes. Decl. of Lisa A. Swope, ECF No. 1-1, at ¶¶ 23-24.

In addition to filing the Complaint against Defendants, the Government simultaneously moved for a preliminary injunction.1 PL’s Mot. for Prelim. Inj., ECF No. 2. On February 17, 2012, the Court granted the Government’s motion with Defendants’ consent and issued the Injunction. Order, ECF No. 18. The Government separately moved for partial summary judgment on October 5, 2012. PL’s Mot. for Part. Summ. J., ECF No. 21. On April 10, 2013, the Court granted this motion, which Defendants did not oppose, finding that LFHI owes $1,009,871 in federal income and social security taxes, $60,322 in federal unemployment taxes, and $28,062 in civil penalties. Mem. Op., ECF No. 23, at 4.

That brings us to the impetus for today’s ruling. On June 21, 2013, the Government filed a Motion for Civil Contempt and Sanctions and a Show Cause Order. PL’s Mot. for Civ. Contempt, ECF No. 25. In their opposition memorandum, Defendants argued that a show cause order is appropriate for only “willful violation[s]” of a court order, whereas in this instance Defendants were in “good faith eompli[29]*29anee” with the Injunction.2 Defs.’ Mem. in Opp’n, July 17, 2013, ECF No. 28, at 2. To demonstrate their “good faith” effort to file and pay taxes, Defendants attached records demonstrating partial payment of taxes for periods in 2012 and 2013. See Defs.’ Mem. in Opp’n, ECF No. 28-1. In response, the Government argued that LFHI had not filed all its outstanding tax returns and had “continued to pyramid its tax liabilities by not fully paying its payroll tax obligations since the entry of the preliminary injunction.” Pl.’s Reply, July 26, 2013, ECF No. 32, at 2. For example, the Government pointed out that the exhibit to Defendants’ opposition memorandum showed that although Defendants had paid $12,821.82 toward its 2013 taxes as of May 21, 2013, “[t]hey still ow[ed] $9,419.80 to make them current for the year.” Id. (citing Defs.’ Mem. in Opp’n, ECF No. 28-1).

The Court granted the Government’s motion and issued a Show Cause Order on October 29, 2013, which stated that Defendants were in violation of nearly all the requirements in the Injunction.3 Order, ECF No. 34. A hearing was held regarding the Show Cause Order on January 22, 2014, and the parties submitted supplemental briefing on whether Defendants are in contempt and, if so, what sanctions are appropriate.

III. ANALYSIS

A. Legal Standard For Civil Contempt

“[C]ourts have the inherent power to enforce compliance with their lawful orders through civil contempt.” Shillitani v. United States, 384 U.S. 364, 370, 86 S.Ct. 1531, 16 L.Ed.2d 622 (1966). The civil contempt power “is essential to the enforcement of the judgments, orders, and writs of the courts, and consequently to the due administration of justice.” Broderick v. Donaldson,

Related

Untitled Case
N.D. Mississippi, 2026
United States v. Trump
District of Columbia, 2024
Pietrangelo v. Refresh Club, Inc
District of Columbia, 2023
Homevestors of America, Inc. v. Toliver
District of Columbia, 2023
United States v. Morgan
D. Connecticut, 2021
Burns v. Anderson
District of Columbia, 2021
United States v. Rapower-3, LLC
325 F. Supp. 3d 1237 (D. Utah, 2018)
United States v. Two Gen. Elec. Aircraft Engines
317 F. Supp. 3d 516 (D.C. Circuit, 2018)
Pinson v. U.S. Department of Justice
104 F. Supp. 3d 30 (District of Columbia, 2015)
Unitronics (1989) (R"G) Ltd. v. Gharb
85 F. Supp. 3d 147 (District of Columbia, 2015)
Walters v. People's Republic of China
72 F. Supp. 3d 8 (District of Columbia, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
41 F. Supp. 3d 24, 2014 WL 1826732, 113 A.F.T.R.2d (RIA) 2012, 2014 U.S. Dist. LEXIS 63577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-latneys-funeral-home-inc-cadc-2014.