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Hialeah Florida online Form 1127-A: What You Should Know
In October 2008, the United States filed suit in U.S. District Court to obtain additional time to obtain its federal tax refund due on April 15, 2008, and the City of Hialeah was involved in this suit. The City provided a tax payment delinquency history for six months from May 8, 2007. It also submitted a proposed consent decree which the United States approved on November 22, 2008. In February 2009, the district court in Hialeah denied the United States' request for additional time to obtain its tax refund due on April 15, 2008, and also denied the United States' proposed consent decree. The United States thereafter filed suit in the district court for an order providing it with an extension of time to establish its taxes, and a hearing on the consent decree as provided for by Internal Revenue Code § 6161(a). The order extended the deadline to May 22, 2009. It also denied the United States' proposed consent decree. In August 2010, the district court affirmed the district court's denial of a preliminary injunction, and entered judgment in favor of the United States. The United States seeks to review its decision below on various grounds. First, it contends that it did not have sufficient evidence to support the claim that the City of Hialeah was in material breach, or that it failed to pay the full amount of taxes it owed in violation of IRC § 6151(i). Second, it contends that the district court erred in finding that it did not have adequate evidence that the City's failure to provide the requested information was deliberate and intentional. It also challenges the district court's determination that it will not grant an application for a final judgment in favor of the United States for the tax amount due. Third, it contends that the district court erred in finding that it is entitled to no equitable relief because it does not have an immediate need to seek relief. The United States asks for a decision with respect to all the appeals. As to the first issue, the plaintiffs have presented no evidence that the City of Hialeah's failure to provide Form 4868 was deliberate and intentional. Rather, the City was forced to make the delay decision and has never claimed that the delay decision was malicious or malicious. As to the second issue, the plaintiffs have made no showing that the City of Hialeah is in material breach of its agreement with this court.
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