United States v. Faulkner
United States v. Faulkner
Opinion of the Court
ORDER
This court declines to adopt the magistrate’s report and recommendation of February 4, 1988. The Government’s motion pursuant to Fed.R.Civ.P. 60 is granted.
The Government sued defendant Harvey Faulkner to recover overdue estate taxes. On April 2, 1987, this court entered judgment against Faulkner in the amount of $16,627.68. The court’s order made no reference to prejudgment interest. The Government now seeks correction of the judgment under Rule 60(a), contending that the omission of interest from the judgment was a “clerical mistake.” Magistrate Elaine Bucklo has recommended that the Government’s motion be denied.
In the absence of a Seventh Circuit ruling on the precise issue raised by the case at bar, the magistrate based her assessment of the Government’s motion on the Second Circuit’s analysis in Lee v. Joseph E. Seagram & Sons, Inc., 592 F.2d 39 (2d Cir. 1979). The Lee court carefully distinguished between a “mandatory” award of interest (which is remediable under Rule 60(a)) and an interest assessment “as of right” (which is not). The magistrate’s analysis of the Government’s motion proceeded on the assumption that the Government was seeking interest “as of right.” This assumption is incorrect. Not only is the Government entitled to prejudgment interest in this case; the Internal Revenue Code mandates such an award. 26 U.S.C. § 6601 (1982) (prejudgment interest on back taxes “shall be paid” from the date when taxes were originally due). Moreover, this court has no discretion to alter the amount of interest to which the Government is statutorily entitled. See Johnson v. United States, 602 F.2d 734
Reference
- Full Case Name
- United States v. Harvey FAULKNER
- Cited By
- 1 case
- Status
- Published