Judge Kiyo Matsumoto
A$1.5 million judgment was entered against Evseroff in connection with tax liabilities. The government sought a receiver to sell a Brooklyn residence held in a trust established by Evseroff, to satisfy his tax debts. Second Circuit reversed a prior ruling that trust assets could not be reached. District court later held the government could reach all trust assets. Second Circuit affirmed, finding no error in the court’s determination that the Brooklyn residence was fraudulently transferred to the trust. The government’s tax liens against Evseroff were erroneously released. Revocations and lien notices were sent to Evseroff. District court appointed a receiver to sell the Brooklyn property, which Evseroff must vacate. The valid tax liens were properly reinstated after certificates of release were revoked in accordance with procedures outlined in 26 USC §6325(f). Nor did Evseroff properly contest the IRS’ calculation that his tax liabilities and penalties amounted to $3.9 million. In denying Evseroff a stay pending resolution on his Nov. 22, 2013, application to the U.S. Tax Court, the court found no authority for the proposition that a district court, having rendered judgment in a tax case, should issue a stay while the Tax Court evaluates a related petition.
