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HomeMy WebLinkAbout10-7642 11883 pepartment of the Treasury -Internal Revenue Service Form bb8. (Y)(c) lRev. Febniary 20Q41 Notice of Federal Tax Lien Area: Serial Number For Optional Use by Recording Office SMALL BUSINESS/SELF EMPLOXED AREA #2 Lien Unit Phone: (800) 913-6050 7280228].0 ~-r~' ~.,~ R ~ l~ l~o~a ~~' ~ ~'~ evenue As provided by section b321, b322, and 6323 of the Internal lode, we are giving a notice that taxes (including interest and penaltiex} rn~-, Q ~..~.+ have been assessed against the following-named taxpayer. We have made ~~ ~ -~~- a demand for payment of this liability, but it remains unpaid. Therefore, cnr" :.vim there is a lien in favor of the united States on alt property and rights to ~~ ca ~~ property belonging to this taxpayer for the amount of these taxes, and -~: ~ -~ additional penalties, interest, and costs that may accrue, ~ ~~;, -~ ° `~'' _ ~ Name of Taxpayer METCALF TRUCKING LLC -~'~ ~ .~° ~ ~ c,a _.. . ::~ Residence 1513 COMMERCE AVE CARLISLE, PA 17015-0000 IMPORTANT RELEASE INFORMATION: For each assessment listed below, ~ unless notice of the lien is refiled by the date given in column (e), this notice shall, ~g,~Q~- ~J on the day fallowing such date, operate as a certificate of release as defined U in IRC 6325(a). ~-~i sa2~/aZ Tax Period Date of Last Dayy far unpaid Balance Kind of Tax Ending Identifying Number Assessment Refi[ing of Assessment (a) (b) (c) (d) (e) (f) 2290 07/01/2009 36-4518084 11/08/2010 12/08/2020 1369.76 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 Total ~$ 13 6 9. 7 6 This notice was prepared and signed at the 03rd day of December DETROIT, MI 2010 on this, Signature Title ~~~ REVENUE OFFICER 22-06-1418 for JAKOB PEDERSEN _ (717) 777-9621 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 4091 Part t -Kept By Recording Office Form bb8(Y)(c) (Rev. 2-2004) CAT. NO 60025X METCALF TRUCKING LLC of 1513 COMMERCE AVE, City of CARLISLE, County of Carlisle, State of PENNSYLVANIA, is indebted to the United States for unpaid internal revenue tax in the sum of One Hundred Two Thousand Seven Hundred Ninety Seven dollars and Ninety Cents Dollars (102,797.90) as evidenced by: Notice of Federal Tax Lien Serial Number (a) Recording Information (b) Date Recorded (c) Taxpayer Identification Number (d) Amount Shown on Lien (e) 728022810 10-7642 12/13/2010 36-4518084 1,369.76 A lien attaching to all the property of the taxpayer was filed to secure the amount owed. The notice of lien was filed with the Prothonotary's Office, for the Carlisle, and also with the State of Pennsylvania, in accordance with the applicable provisions of law. Form 669-D Department of the Treasury - Internal Revenue Service (September 2008) Certificate of Subordination of Property From Federal Tax Lien (Sec. 6325(d)(1) and/or Sec. 6325(d)(2) of the Internal Revenue Code) The lien listed above is attached to certain property described as: All accounts receivables belonging to Metcalf Trucking LLC in existence on May 28, 2011 and coming into existence prior to May 28, 2012. rv r c For a detailed description, please refer to attached forbearance agreement. tno I .<> v C) -0© o, ca C) -n o c") ..r NOTE: Always include the address of real property or a descriptive narrative of personal property in this section when using "See Attachment" and a more detailed description is being attached. Under provisions of Internal Revenue code section 6325(d)(1) and/or section 6325(d)(2), the Internal Revenue Service subordinates the lien on the property described above to (Gulf Coast Bank And Trust Company, 200 St. Charles Avenue, New Orleans, LA 70130, File Number 2010061601719). However, the lien remains in effect for all other property, or rights to property, to which the lien is attached. Signature r Title ,. Date ( ote: Certificate of officer authorized by law to take acknowl gem nts is no ssential to the validit of Discharge of Federal Tax Lien. Rev. Rul. 71-466,1971-2, C.B. 409.) Catalog No. 16751C Form 669-D (Rev. 9-2008) 2 3 4 5 6 7 s 9 10 SUBORDINATION AND FORBEARANCE AGREEMENT This agreement is entered into by and between Gulf Coast Bank and Trust, 200 St. Charles Avenue, New Orleans, LA 70130 hereinafter referred to as the "Factor; Metcalf Trucking LLC, 1531 East Commerce Avenue, Carlisle, PA 17015 hereinafter referred to as the "Taxpayer;" and the United States of America, by and through the Director, Advisory, Insolvency & Quality of Internal Revenue for SB/SE, the authorized delegate of the Secretary of the Treasury, hereinafter referred to as the Director. RECITALS (1). On August 13.2010: September 117.20110: October 12 2010 December 13 2010 the Internal Revenue Service (hereinafter the Service), filed 11 Notices of Federal Tax Liens with the Prothonotary of Cumberland County, Carlisle, 12 Pennsylvania. 13 (2). The Tax Liens attach to all the taxpayer's property or rights to property, including after 14 acquired property, such as the Taxpayer's accounts receivable. 15 11 (3). On June 15, 2010 the Factor recorded a UCC financing statement with the 16 11 Pennsylvania Secretary of State, which financing statement included Taxpayer's accounts 17 receivable as collateral for the financing . 18 AGREEMENT 19 (4). As consideration for the Service entering into this agreement, the Taxpayer agrees to 2 ° pay the Service an initial payment in the amount of: Three Thousand dollars ($ 3,000.00) to 21 11be received on May 28.2011. This agreement will be in effect from May 28 2011 throuah 22 May 28.2012. 23 (5). The Taxpayer further agrees to enter into an installment agreement with the Service. 24 11 Taxpayer will pay the sum of Three Thousand Dollars ($1000-00) to be received on the 2 5 1128th day of each month thereafter: and will meet all terms and conditions of the installment 26 11 agreement with the Service that accompanies this subordination agreement, during the period 27 of the subordination, pending approval of the installment agreement. 28 Forbearance Agreement l 1 1 2 3 (6). The installment agreement that accompanies the subordination agreement will be 4 11monitored by the AIQ - Advisory Function in conjunction with this subordination agreement an 5 payments will be sent to: 6 Monica Rivera, Advisor, Employee Number 22976630 7 Internal Revenue Service 8 955 South Springfield Avenue 9 Springfield, New Jersey 07081 10 Second Floor, Advisory 11 (7). If the period of the installment agreement extends beyond the period of the 12 subordination, the taxpayer shall apply for a new subordination agreement at least 60 days 13 prior to the end date of the current subordination. 14 (8). The Taxpayer further agrees to remain current in the filing and paying of all Federal 15 Taxes during the period of this agreement and will furnish proof of current Federal Tax 16 Deposits by-weekly. 17 (9). The Taxpayer further agrees to furnish to the Service each month a listing of its current 18 accounts receivable. 19 (10). The Taxpayer also agrees to identify which of its current accounts receivable 20 have been pledged to the Factor for collection by the Factor and upon which advances have 21 11 been made. 22 (11). The listing in (7) above and information cited in (8) above will be furnished 23 monthly to: 24 Monica Rivera, Advisor, Employee Number 22976630 25 Internal Revenue Service 26 955 South Springfield Avenue 27 Springfield, New Jersey 07081 28 Second Floor, Advisory Forbearance Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (12). The installment agreement that accompanies this subordination agreement will make reference to this subordination agreement, specifically to paragraphs (4) through (11) above. (13). In consideration of the foregoing, the Director agrees not to assert the Service's tax lien priority under I.R.C. §§ 6323 (a) or to levy pursuant to I.R.C. § 6331 against the Taxpayer's accounts receivable, which accounts are used as security for advances made by the Factor to the Taxpayer prior to the termination of this agreement. (14). The failure of the Taxpayer to comply with the terms set forth in paragraphs (4) through (9) above will constitute a default of this agreement and default of the accompanying installment agreement. (15). Upon failure of the Taxpayer to comply with the terms set forth in paragraphs (4) through (9) above, the Director or other authorized representative will notify the parties to this agreement in writing by certified mail that a default has occurred The Taxpayer has 30 days to cure either the default in the subordination agreement or the default in the accompanying installment agreement. (16). If the Taxpayer does not cure the default within 30 days of the date of the abovementioned letter, then this agreement is deemed terminated and the Service will no onger forbear from enforcing its lien rights (including levy) against the Taxpayer's accounts receivable that have not been pledged for advances made prior to the termination of this agreement, as otherwise permitted under the Internal Revenue Code. (17). The failure of the Director or other authorized representative of the Service to iotify the parties of any default will not constitute a waiver of either the default of the istallment agreement or the subordination agreement. (18). Pursuant to I.R.C. § 6103(c), the Taxpayer consents to the disclosure of tax Bturn information to the Factor to the extent required to show that this agreement is in default. Forbearance Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (19). This agreement concerns only the specific accounts receivable which the Taxpayer has pledged to the Factor as security for the advances made by the Factor to the Taxpayer. (20). Any change to the compensation to the Factor or to the Factor's security interest in the Taxpayer's assets must be approved by Service or the Service will not forbear from asserting its lien priority as to the changed compensation. Forbearance Agreement JUN-16-2011 14:54 l ?•C/ JUn lk!• L101l JUN- M -2011 1.3: 43 11 , 3 t 5 6 7 a 1.0 13, 12 13 14 Is 16 17 is- 19 20 21 22 23 24 tS .2a 29 2S Signature Paoo PHILA ADVISORY UNIT PK+ DWli'lZtr'.LT AS Factor, Gulf Cow k ark Trust Hate BY.- N otalf snxW- g LLC [I rvAWer We. ?, B?r:.Jerald ?. t,?, rneRiber Cyr, hAe?a?, Mernbe'r UWW States of Ame*M f)ft tor, A&AKwy, Irisohdency b. 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