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IN RE TOSCANO

No. 08-CV-1983 ADS ETB.

799 F.Supp.2d 230 (2011)

In the Matter of the Application of Anthony TOSCANO, or of the Shareholders and Directors of Southampton Brick & Tile, Inc. for the Voluntary Dissolution of Said Corporation. United States of America, Intervenor-Plaintiff, v. Angelo Toscano, Anthony Toscano, Southampton Brick and Tile, LLC, William F. Andes, Jr., Esq., Intervenor-Defendants.

United States District Court, E.D. New York.

July 26, 2011.

Attorney(s) appearing for the Case

United States Department of Justice, Tax Division, by Joseph Rodriguez , Trial Attorney, Washington, DC.

Richard A. Kraslow, P.C., by Richard A. Kraslow, Esq. , Of Counsel, Melville, NY, Attorney for Angelo Toscano.

Conforti & Waller, LLP, by Anthony T. Conforti, Esq. , Of Counsel, Hauppauge, NY, Attorneys for Anthony Toscano.

Lynn, Gartner & Dunne, LLP, by Stephen W. Livingston, Esq. , Of Counsel, Mineola, NY, Attorneys for Southampton Brick & Tile, LLC.

Brody O'Connor & O'Connor, by Patricia A. O'Connor, Esq. , Of Counsel, Northport, NY, Attorneys for Southampton Brick & Tile, LLC.

Schlam Stone & Dolan LLP, by Andrew Seth Harris, Esq. , Of Counsel, New York, NY, Attorneys for Southampton Brick & Tile, LLC.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This is the second motion to come before this Court involving the distribution of the interest of Angelo Toscano ("Toscano") in the proceeds deriving from the dissolution of Southampton Brick & Tile Inc. ("SBT INC."). The first dispute involved whether the United States Government could foreclose on federal tax liens against Toscano's interest in the dissolution proceeds in light of the fact that...

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