De Beck v. U.S. Internal Revenue Serv.
Decision Date | 13 August 2015 |
Docket Number | No. 14-50895,14-50895 |
Parties | ANA GARCIA DE BECK, Individually, Owner and Officer; AGB ENTERPRISES, INCORPORATED, for Profit Corporation, Chartered in the State of Texas; SAN ANTONIO DENTAL MANAGEMENT GROUP; SAN ANTONIO DENTAL LABORATORY, Plaintiffs - Appellants v. UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, Defendant-Third Party Plaintiff - Appellee v. INTERVEST INTERNATIONAL FOUNDATION OF STOCKHOLM, SWEDEN, Defendant-Third Party Defendant - Appellant ROBERT LEE BECK; JB VEGA CORPORATION, Third Party Defendants - Appellants |
Court | U.S. Court of Appeals — Fifth Circuit |
Appeals from the United States District Court for the Western District of Texas
Before DAVIS, ELROD, and HAYNES, Circuit Judges.
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Plaintiffs-Appellants Ana Garcia De Beck ("Ana"), AGB Enterprises, Incorporated ("AGB"), San Antonio Dental Management Group ("Dental Management"), and San Antonio Dental Laboratory ("Dental Lab") (collectively, "Plaintiffs") and Third Party Defendants Robert Lee Beck ("Beck") and JB Vega Corporation ("Vega") appeal various aspects of the district court's judgment (1) finding Beck liable for unpaid income and employment taxes and AGB liable for unpaid employment taxes and (2) ordering the sale of AGB, Beck's dental practice, and 498 Borgfeld Road in San Antonio (the "Borgfeld Property"). Third Party Defendant Intervest International Foundation of Stockholm, Sweden ("Intervest") appeals the default judgment entered against it.
Beck is a dentist in San Antonio, Texas. From 1991 to 1995 and 1998 to 2012, Beck failed to pay income taxes. As of March 2014, Beck owed more than $3.8 million in income taxes, penalties, and interest, and more than $105,000 in employment taxes, penalties, and interest for his dental practice. AGB owed over $200,000 in employment taxes, penalties, and interest.
After a bench trial, the district court ruled that Beck controlled the Borgfeld Property and that Vega held the property as his nominee, alter ego, and transferee. The district court also ruled that Beck is the true owner of the dental practice. In rulings unchallenged on appeal, the district court ordered that Beck pay $3,888,757.93 for income taxes and $105,614.57 for employment taxes; it also ordered that AGB pay $213,569.22 for employment taxes. Thedistrict court further ordered that all of Beck's property, including AGB, the dental practice, and the Borgfeld Property, were encumbered by federal tax liens to secure the monetary judgments. Finally, the district court issued a take-nothing judgment against Ana, AGB, Dental Lab, and Dental Management in their wrongful levy action, finding that the levy was not wrongful.
The district court had jurisdiction over Ana's complaint under 26 U.S.C. § 7426(a)(1). The district court also had jurisdiction over the Government's collection suit under 26 U.S.C. §§ 7402(a) and 7403, and 28 U.S.C. §§ 1340 and 1345. The district court entered a final judgment on August 21, 2014. Ana, AGB, Dental Lab, Dental Management, and Beck timely appealed, as did Vega and Intervest. Reviewing factual findings for clear error and legal conclusions de novo and concluding that the district court did not commit reversible error and that some parties lack standing, we DISMISS in part and AFFIRM in part as follows:
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