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United States v. Wilson

United States District Court, N.D. Florida, Pensacola Division

November 6, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM C. WILSON, D.O., P.A., d/b/a THE WILSON FAMILY MEDICAL CENTER, WILLIAM C. WILSON, D.O., and BEVERLY A. WILSON, Defendants.

          ORDER

          M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE.

         This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated October 5, 2017. ECF No. 38. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.

         Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.

         Accordingly, it is now ORDERED as follows:

         1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order.

         2. Plaintiff's “Motion for Permanent Injunction by Default and Default Judgment against Corporate Defendant William C. Wilson, D.O., P.A. and Summary Judgment for Permanent Injunction against Individual Defendants, William C. Wilson, D.O. and Beverly A. Wilson, ” ECF No. 23, is GRANTED to the extent indicated in this Order.

         3. Pursuant to 26 U.S.C. § 7402:

A. Defendants are required to file all overdue Form 940 and Form 941 tax returns for the Wilson Medical Center as well as any unfiled Form W-2s;
B. Defendants are required to timely file with the IRS all required forms and tax returns for the Wilson Medical Center, including Form 940 and Form 941 tax returns and Form W-2s, in the manner identified in the IRS' written instructions, which are available at www.irs.gov;
C. Defendants are required to segregate (i.e., hold separate and apart from all other funds) all monies withheld from employees of the Wilson Medical Center or collected from others for taxes under any internal revenue laws of the United States;
D. Defendants are required to make timely deposits of withheld income and FICA taxes, as well as the Wilson Medical Center's share of FICA taxes, in an appropriate federal depository bank, in accordance with federal deposit regulations and using the Department of Treasury's Electronic Tax Payment system;
E. Defendants are required to timely deposit FUTA taxes of the Wilson Medical Center in an appropriate federal depository bank, in accordance with federal deposit regulations and using the Department of Treasury's Electronic Tax Payment system;
F. Defendants and their representatives, agents, servants, employees, attorneys, successors in interest and assigns, and anyone in active concert or participation with any of the above, are prohibited from failing to withhold and/or pay over to the IRS all employment taxes, including federal income, FICA, and FUTA taxes of the Wilson Medical Center, required by law;
G. Defendants are required to advise Revenue Officer Jeff Gregory, at 7180 North 9th Ave, Pensacola, FL 32504, or such other person as may be directed by the IRS, within five banking days if Defendants transfer any money or property to any other entity to have that entity pay ...

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