Free Motion for Disbursement of Funds - District Court of Colorado - Colorado

Case 1:04-cv-01267-WYD

Document 48-2

Filed 01/18/2007

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DECLARATION OF JUDE P. DAMASCO

I, Jude P. Damasco, am over eighteen years of age and state the following facts which I know of my own personal knowledge. 1. I am the managing partner of Damasco & Associates LLP ("Damasco"), located at 244

Jackson Street, Fourth Floor, San Francisco, CA 94111. I am a certified public accountant. 2. Damasco was appointed as Tax Administrator for the SEC v Qwest Communications

Settlement Fund ("Fund") in an Order Appointing Tax Administrator, Civil Action No. 04-D1267 (MJW) filed on June 8, 2005. 3. Damasco paid the 2004 tax liability of the Fund in the amount of $40,037.00 on

September 14, 2005. The payment was due March 15, 2005, prior to the appointment of Damasco as Tax Administrator. 4. The Fund was assessed penalties for late filing and late payment of taxes for the tax

year 2004 in the amount of $10,209.43 and interest in the amount of $1,705.62. 5. Pursuant to Damasco's request dated March 3, 2006, the IRS abated penalties in the

amount of $10,209.43 and interest thereon in the amount of $394.59. 6. The Fund has a remaining balance, due January 30, 2007, of $1,333.94 in interest for

the tax year 2004 as follows: Penalty Penalty & Interest: Abatement Granted: Interest Accrued: Total: 7. $10,209.43 (10,209.43) 0.00 $0.00 Interest $1,705.62 (394.59) 22.91 $1,333.94 Date Assessed January 2, 2006 November 13, 2006 Through January 30, 2007 Due January 30, 2007

A check in the amount of $1,333.94 should be made payable to "Damasco &

Associates, Trust Account" and sent to Damasco & Associates LLP, 244 Jackson Street,

J:\Enforce\ENF-BR1\QWEST\Litigation-DistCourt\Qwest settlement\Fund Tax Return\Motion to pay taxes\Interest on Penalties 2004\Declaration - 2004 .doc

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Case 1:04-cv-01267-WYD

Document 48-2

Filed 01/18/2007

Page 2 of 2

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Fourth Floor, San Francisco, CA 94111. For timely payment, the check should be received in our office on or before January 23, 2007. 8. The check will be deposited into a trust account from which the payment will be made.

Therefore, the Employer Identification Number that should be written on the check is 202883185 because it is for payment on behalf of the SEC v Qwest Communications Settlement Fund. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed on January 15, 2007 in San Francisco, California.

s/ Jude P. Damasco Jude P. Damasco

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