United States of America v. Mikulin et al, No. 4:2019cv01010 - Document 98 (S.D. Tex. 2021)

Court Description: FINAL JUDGMENT - the United States of America shall recover: (1) From William H. Mikulin: $139,944.85 for 2007 individual income tax liability and frivolous return penalties for tax years 2005-07, plus interest accruing from October 18, 2020 at the applicable rate under 26 U.S.C. §§ 6601 and 6621 until paid;(2) From William H. Mikulin as Trustee of the Texas Redemptive Trust: $1,430,526.08 for its Form 1041 Fiduciary Tax Liability for tax year 2008, plus interest accruing fr om October 18, 2020 at the applicable rate under 26 U.S.C. §§ 6601 and 6621 until paid; (3) From William H. Mikulin and Barry Mikulin as Trustees of Yegua Trust: $1,111,011.67 for its Form 1041 Fiduciary Tax Liability for tax years 200 7 and 2009, plus interest accruing fromOctober 18, 2020 at the applicable rate under 26 U.S.C. §§ 6601 and 6621 until paid; (4) From Barry Mikulin as Trustee for the RLD Investment Trust: $4,874,244.71 for its Form 1041 Fiduciary Tax L iability for tax year 2008, plus interest accruing from October 18, 2020 at the applicable rate under 26 U.S.C. §§ 6601 and 6621 until paid. It is further ORDERED and ADJUDGED that the transfer by Yegua Trust of the property located at 8603 Manhattan Drive, Houston, Texas 77096 is set aside as a fraudulent transfer under Texas Business & Commerce Code § 24.005 and the United States is authorized to conduct a judicial sale of the property located at 8603 Manhattan Drive, Houston, T exas 77096 to enforce its tax liens securing Yegua Trust's 2007 and 2009 federal tax liabilities. It is further ORDERED and ADJUDGED that the proceeds of the sale of8603 Manhattan Drive, Houston, Texas 77096 shall be applied first to costs of sa le, second to fully satisfy the claim of Harris County Taxing Authorities, and third to Yegua Trust's 2007 and 2009 federal tax liabilities set forth in (3) above. Any surplus proceeds should be paid into the Registry of the Court pending a dete rmination of entitlement to the surplus proceeds. It is further ORDERED and ADJUDGED that upon the sale of the property the United States of America shall file an Affidavit setting forth the amount received pursuant to the sale; whether the Claim of the Harris County Taxing Authorities described in ECF 59 and 59-1 has been satisfied and stating the total amount of that Claim; and whether, after satisfaction of Yegua Trust's 2007 and 2009 federal tax liabilities set forth in (3) above, any p roceeds of the sale remain. It is further ORDERED that this Court shall retain jurisdiction over this matter for the purpose of disbursing any remaining proceeds from the sale of the property...*** Case terminated on 6/24/21. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)