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B-142060, JUN. 13, 1966

B-142060 Jun 13, 1966
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CATALDO: REFERENCE IS MADE TO YOUR LETTERS DATED MAY 27 AND 31. THAT YOU HAVE A CHARGING LIEN FOR SUCH AMOUNT AGAINST THE SUM OF $17. ALTHOUGH YOU STATE THAT YOU ARE SURE THAT THE CONTRACTING CONCERN HAS NO TAX LIABILITY. YOU ARE AGAIN ADVISED THAT THIS IS A MATTER UNDER INVESTIGATION BY INTERNAL REVENUE SERVICE AND AN OFFSET AGAINST THE SUM OF $17. 516 WILL BE REQUIRED IF THE CONTRACTOR IS. SINCE THE CLAIM WAS MADE THE SUBJECT OF A SUIT FILED BY YOU IN THE COURT OF CLAIMS AND THERE IS PENDING BEFORE THE SUPREME COURT OF THE UNITED STATES YOUR PETITION FOR THE GRANTING OF A WRIT OF CERTIORARI WITH RESPECT TO THE DISMISSAL OF THE SUIT BY THE COURT OF CLAIMS ON JANUARY 24.

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B-142060, JUN. 13, 1966

TO MR. ANTHONY B. CATALDO:

REFERENCE IS MADE TO YOUR LETTERS DATED MAY 27 AND 31, 1965, RELATIVE TO YOUR REQUEST FOR PAYMENT OF THE AMOUNT OF $8,758 ON THE BASIS OF A DETERMINATION BY THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK, THAT YOU HAVE A CHARGING LIEN FOR SUCH AMOUNT AGAINST THE SUM OF $17,516 WHICH HAS BEEN WITHHELD FROM PAYMENT UNDER NAVY CONTRACT NO. NBY- 21183, AS AMENDED.

CONTRARY TO YOUR STATEMENTS IN THE MATTER, OUR LETTER TO YOU OF MAY 25, 1966, EXPRESSED NO OPINION AS TO THE VALIDITY OF ANY OF THE CONFLICTING CLAIMS FOR THE AMOUNT OF $17,516 OR PORTIONS THEREOF. ALSO,ALTHOUGH YOU STATE THAT YOU ARE SURE THAT THE CONTRACTING CONCERN HAS NO TAX LIABILITY, YOU ARE AGAIN ADVISED THAT THIS IS A MATTER UNDER INVESTIGATION BY INTERNAL REVENUE SERVICE AND AN OFFSET AGAINST THE SUM OF $17,516 WILL BE REQUIRED IF THE CONTRACTOR IS, IN FACT, INDEBTED TO THE UNITED STATES FOR UNPAID TAXES AND ANY APPLICABLE PENALTIES AND INTEREST.

SO FAR AS CONCERNS YOUR CLAIM NO ACTION BY OUR OFFICE WOULD BE PROPER AT THIS TIME, REGARDLESS OF THE QUESTION OF TAX LIABILITY, SINCE THE CLAIM WAS MADE THE SUBJECT OF A SUIT FILED BY YOU IN THE COURT OF CLAIMS AND THERE IS PENDING BEFORE THE SUPREME COURT OF THE UNITED STATES YOUR PETITION FOR THE GRANTING OF A WRIT OF CERTIORARI WITH RESPECT TO THE DISMISSAL OF THE SUIT BY THE COURT OF CLAIMS ON JANUARY 24, 1966. THE DEPARTMENT OF JUSTICE IS CHARGED WITH THE RESPONSIBILITY OF DEFENDING SUITS AGAINST THE UNITED STATES AND, UNTIL THE FINAL DISPOSITION OF THE CASE BY THE FEDERAL COURTS, ANY FURTHER CORRESPONDENCE IN THE MATTER SHOULD BE CARRIED ON WITH ..END :

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