NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 12-2284

___________

UNITED STATES OF AMERICA

v.

ANTHONY DENNIS JACKSON; GROSSIE SMITH-JACKSON;

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR &

INDUSTRY; PHILADELPHIA GAS WORKS; CITY OF PHILADELPHIA

ANTHONY DENNIS JACKSON,

Appellant

____________________________________

On Appeal from the United States District Court

for the Eastern District of Pennsylvania

(D.C. Civil Action No. 2:09-cv-01745)

District Judge: Honorable Thomas N. O’Neill, Jr.

____________________________________

Submitted Pursuant to Third Circuit LAR 34.1(a)

January 25, 2013

Before: FUENTES, VANASKIE and VAN ANTWERPEN, Circuit Judges

(Opinion filed: January 25, 2013)

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OPINION

___________

PER CURIAM

Anthony Dennis Jackson, proceeding pro se, appeals from an order of the United 

States District Court for the Eastern District of Pennsylvania denying his motion for 
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reconsideration and motion for relief from final judgment pursuant to Fed. R. Civ. P. 

60(b). For the following reasons, we will affirm.

I.

Because we write primarily for the parties, we need only recite the facts necessary 

for our discussion. In 1988, Jackson and his now ex-wife purchased real property located 

at 617 South Cobbs Creek Parkway in Philadelphia, Pennsylvania. In 1998, the Internal 

Revenue Service (“IRS”) assessed tax liabilities for years 1992 through 1994 after 

Jackson did not file federal income tax returns for those years. Jackson filed untimely 

returns for the years 1995 through 1998, and the IRS assessed the taxes due. By April 

2009, Jackson’s outstanding tax liability for the years 1992 through 1998, including 

penalties and interest, totaled $465,876.15. In April 2009, the IRS referred Jackson’s 

case to the Department of Justice (“DOJ”) and requested that it file suit to reduce 

Jackson’s liability to judgment and to foreclose the federal tax liens on his property.

On April 24, 2009, the Government filed a complaint against Jackson, seeking to 

reduce to judgment the tax assessments for years 1992 through 1998, to foreclose the 

federal tax liens against Jackson’s property, and to have the property sold. The 

Government also named Jackson’s ex-wife, the Commonwealth of Pennsylvania’s 

Department of Labor and Industry, Philadelphia Gas Works, and the City of Philadelphia 

as defendants who may have claimed an interest in or a lien on the property. Jackson 

failed to appear, and the Government moved for default judgment. On February 17, 

2010, the District Court granted the Government’s motion for default judgment, entered 

judgment in favor of the Government for $469,323.11 plus statutory additions, and 
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foreclosed the federal tax liens on Jackson’s property. The District Court also entered an 

order of sale for Jackson’s property. Jackson did not appeal this judgment.

In November 2011, almost two years after the District Court entered judgment, 

Jackson filed a motion to compel the Government to satisfy the judgment, alleging that 

he had paid all his tax liabilities with interest and penalties. In opposition, the 

Government stated that after judgment was entered, Jackson had submitted tax returns for 

years 1992 through 1994. Based on those forms, and without DOJ’s consent, the IRS 

erroneously made unauthorized abatements of Jackson’s liabilities for those years. 

Around the same time, Jackson paid $22,921.58 towards his liability for 1992, $2,781.65 

towards his liability for 1993, and $16,026.53 towards his liability for 1994. However, 

the IRS reversed the unauthorized abatements around the time when Jackson filed his 

motion. On December 12, 2011, the District Court denied Jackson’s motion to compel, 

noting that he had failed to establish that he had paid his taxes, penalties, and interest in 

full.

Jackson filed a combined motion for reconsideration and motion for relief from 

final judgment pursuant to Fed. R. Civ. P. 60(b) on December 22, 2011, asserting that his 

tax debt had been covered by the abatement and that the IRS had agreed to accept a lesser 

amount to settle his balance owed. On April 2, 2012, the District Court denied Jackson’s 

motions. Jackson then timely filed his notice of appeal.

II.

We exercise jurisdiction pursuant to 28 U.S.C. § 1291. We review both the denial 

of a motion for reconsideration and a motion for relief from judgment under Fed. R. Civ. 
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P. 60(b) for abuse of discretion. See Lazaridis v. Wehmer, 591 F.3d 666, 669 (3d Cir. 

2010) (per curiam); Budget Blinds, Inc. v. White

III.

, 536 F.3d 244, 251 (3d Cir. 2008).

On appeal, Jackson asserts that he was entitled to an evidentiary hearing and that 

the District Court denied him due process by not holding one. He also alleges that the 

IRS abated his tax liabilities and that his resulting liabilities have already been satisfied. 

Furthermore, Jackson argues that the District Court ignored applicable case law.

A. Motion for Relief from Judgment

Jackson asserts that he was entitled to relief under Fed. R. Civ. P. 60(b)(5) 

because, according to him, all his tax liabilities were paid. Rule 60(b)(5) allows a district 

court to relieve a party from a final judgment if “the judgment has been satisfied, released 

or discharged.” Here, Jackson neither disputes the amount of the judgment entered 

against him nor argues that he has paid the full amount of the judgment. Instead, Jackson 

alleges that the three payments totaling $41,729.76 made towards his tax liability for 

1992 through 1994 satisfied his total liability. Accordingly, the District Court properly 

determined that Jackson had not satisfied the outstanding judgment.

Jackson’s argument that he was entitled to an evidentiary hearing and that the 

District Court denied him due process by not holding one is without merit. A district 

court has “substantial discretion in determining whether to conduct an evidentiary 

hearing on a Rule 60(b) motion.” United States v. 8136 S. Dobson St., 125 F.3d 1076, 

1086 (7th Cir. 1997); see also Atkinson v. Prudential Prop. Co., 43 F.3d 367, 374 (8th 

Cir. 1994). Here, the relevant facts were not in dispute because, again, Jackson did not 
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dispute that he had not paid the full amount of the judgment entered against him, that 

abatements were entered after his case was referred to the DOJ, or that the IRS reversed 

the erroneous abatements. Therefore, we find that the District Court did not abuse its 

discretion in declining to hold an evidentiary hearing.

Jackson’s main contention is that the IRS abated his tax liabilities. Under 26 

U.S.C. § 7122(a), the IRS “may compromise any civil or criminal case arising under the

internal revenue laws prior to reference to the [DOJ] for prosecution and defense; and the 

Attorney General or his delegate may compromise any such case after reference to the 

[DOJ] for prosecution or defense.” However, “[o]nce a tax matter is referred to the 

[DOJ], only the Attorney General or a person to whom authority has been delegated by 

the Attorney General may settle the matter.” United States v. Forma, 784 F. Supp. 1132, 

1139 (S.D.N.Y. 1992); see also Slovacek v. United States, 40 Fed. Cl. 828, 833 (1998) 

(agreeing with Forma); Int’l Paper Co. v. United States, 36 Fed. Cl. 313, 321 (1996) 

(agreeing with Forma); Brubaker v. United States, 342 F.2d 655, 662 (7th Cir. 1965) 

(determining that excess tax “liabilities cannot be compromised by the Attorney General 

or the [DOJ] unless and until the Commissioner refers [the matter] to the [DOJ] for 

prosecution or defense”); cf. Bergh v. Dep’t of Transp.

The IRS lost its authority to compromise Jackson’s tax liabilities in April 2009 

when it referred Jackson’s case to the DOJ for prosecution. Accordingly, the abatements 

made in 2011 were void because they were made without authorization from the DOJ. 

, 794 F.2d 1575, 1577 (Fed. Cir. 

1986) (noting that a compromise is “within the discretion of the agency conducting the 

litigation”).
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See IRS Chief Counsel Notice CC-2011-020, 2011 WL 4402105 (Sept. 15, 2011) 

(“Abatement of tax for a tax period referred to [the DOJ] that is made without the 

approval of [the DOJ] is invalid and may be reversed, because the Service lacks the 

authority to take such action on the taxpayer’s account without Justice approval.”); cf. In 

re Bugge, 99 F.3d 740, 745 (5th Cir. 1996) (clerical error doctrine provides authority for 

reversal of abatement of original assessment in limited circumstances). Furthermore, the 

DOJ retains authority to compromise even if a judgment has been obtained and the case 

has been returned to the IRS for collection. See IRS Chief Counsel Notice CC-2011, 

020, 2011 WL 4402105. Accordingly, the original assessments remained valid because 

the abatements made by the IRS were void. See id.

Finally, Jackson’s assertion that the District Court ignored applicable case law is 

meritless. As an initial matter, Jackson does not cite any particular authority to support 

his allegation. However, it appears that he is referring to the unpublished order of the 

United States District Court for the Eastern District of Oklahoma in 

(reassessment not necessary because 

the post-referral abatements were void).

United States v. 

Pound, No. CIV-07-427-RAW, 2010 WL 2803918 (E.D. Okla. Feb. 2, 2010), which he 

attached to his motions. In Pound, the district court concluded that the taxpayer was 

entitled to post-judgment relief under Fed. R. Civ. P. 60(b)(5) & (6) after the IRS 

erroneously abated his liabilities. However, the District Court did not err in not following 

Pound because it had, at most, persuasive value. Furthermore, in 2011, after Pound was 

decided, the IRS specifically disagreed with Pound and determined that a “post-referral 

abatement made without approval by Justice is void and the abatement should be 
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reversed and the Service’s transcript records corrected.” IRS Chief Counsel Notice CC2011-020, 2011 WL 4402105. Accordingly, the District Court correctly did not follow 

Pound

B. Motion for Reconsideration

.

A motion for reconsideration “must rely on one of three grounds: (1) an 

intervening change in controlling law; (2) the availability of new evidence; or (3) the 

need to correct clear error of law or prevent manifest injustice.” Lazaridis

IV.

, 591 F.3d at

669. Jackson did not identify any of these grounds in his motion; instead, his motion for 

reconsideration relied upon the same arguments as his Rule 60(b) motion. As discussed 

above, Jackson’s arguments have no merit, and so we discern no abuse of discretion in 

the District Court’s denial of Jackson’s motion.

For the reasons stated herein, as well as those set forth by the District Court, we 

will affirm the District Court’s order denying Jackson’s motions for reconsideration and 

relief from judgment.