Evidence Record

Exhibit 13

02330041005 Received: 10/26/2023 Document 41-13 Filed 08/04/25

Type
exhibit
Court
EDVA
Case
HII v. Cyberlux interpleader
Docket
3:25-cv-00483
Pages
2
Lines
92
SHA-256
93d3f65288d9

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
IRS Notice of Federal Tax Lien (Form 668(Y)(c))
Total Nodes
20
Node Legend
Entity (ENT)
Event (EVT)
Claim (CLM)
Anchor (ANC)
Omission (OMI)
Tension (TEN)
Tell (TEL)
Inference (INF)
Hypothesis (HYP)
Stage 1
Index
Orientation · No nodes
Document Classification
IRS Notice of Federal Tax Lien (Form 668(Y)(c)) Internal Revenue Service, Department of the Treasury Federal tax enforcement, business tax liability, public lien notice 2009-12-31 to 2023-10-26
legal_enforcementpublic_recordfinancial_liabilitycorporate_taxpayer
Analytical Frame
Legal evidence of federal tax claim against corporate entity
Analytical Summary
This is an IRS Notice of Federal Tax Lien filed against Cyberlux Corporation on October 26, 2023, for unpaid Form 941 employment tax liabilities totaling $20,863.24 from the tax period ending December 31, 2009. The lien was filed with the North Carolina Secretary of State and represents the federal government's legal claim on all property and rights to property belonging to the corporation. The document indicates two assessments for the same tax period (December 31, 2009) with assessment dates of March 8, 2010 and July 25, 2011, with the lien remaining valid until refiling deadlines in 2030 and 2031 respectively. The notice was prepared in Baltimore, MD by Acting Manager Elvin Dean Curry on October 16, 2023.
Key Points
  • Federal tax lien filed against Cyberlux Corporation for $20,863.24
  • Liability stems from Form 941 employment taxes for Q4 2009
  • Two separate assessments for same tax period with different assessment dates
  • Lien filed with North Carolina Secretary of State on October 26, 2023
  • Lien remains enforceable until refiling deadlines in 2030 and 2031
Stage 2
Core — Entities, Events, Claims
11 nodes
ENT-001
Entity
Cyberlux Corporation
Cyberlux Corporation, a corporation with registered address at 800 Park Offices Drive Suite 3209, Durham, NC 27709-0000, identified as the taxpayer subject to federal tax lien
Page 2 — Name of Taxpayer CYBERLUX CORPORATION, a Corporation Residence 800 PARK OFFICES DRIVE SUITE 3209 DURHAM, NC 27709-0000
ENT-002
Entity
Internal Revenue Service
Internal Revenue Service, Department of the Treasury, Small Business/Self Employed Area #3, acting as the federal tax collection authority issuing the lien notice
Page 2 — Department of the Treasury - Internal Revenue Service Area: SMALL BUSINESS/SELF EMPLOYED AREA #3 Lien Unit Phone: (800) 913-6050
ENT-003
Entity
Elvin Dean Curry
Elvin Dean Curry, Acting Manager who signed the Notice of Federal Tax Lien on behalf of T McCrimmon
Page 2 — Signature Elvin Dean Curry Title ACTING MANAGER 23-06-4407 for T MCCRIMMON
ENT-004
Entity
North Carolina Secretary of State
North Carolina Secretary of State, Elaine F. Marshall, serving as the recording office for the federal tax lien filing
Page 2 — For Optional Use by Recording Office File Number: 20230132260B Date Filed: 10/26/2023 10:00:00 AM Elaine F. Marshall NC Secretary of State
EVT-001
Event
Tax Assessment - March 2010
First assessment of Form 941 employment tax liability for tax period ending December 31, 2009, assessed on March 8, 2010, with unpaid balance of $20,863.24 and refiling deadline of April 7, 2030
Page 2 — 941 12/31/2009 Redaction 03/08/2010 04/07/2030 20863.24
EVT-002
Event
Tax Assessment - July 2011
Second assessment of Form 941 employment tax liability for the same tax period ending December 31, 2009, assessed on July 25, 2011, with refiling deadline of August 24, 2031
Page 2 — 941 12/31/2009 07/25/2011 08/24/2031
EVT-003
Event
Filing of Federal Tax Lien
Notice of Federal Tax Lien filed with the North Carolina Secretary of State on October 26, 2023 at 10:00 AM, assigned file number 20230132260B, serial number 481052923
Page 2 — For Optional Use by Recording Office File Number: 20230132260B Date Filed: 10/26/2023 10:00:00 AM Elaine F. Marshall NC Secretary of State Serial Number 481052923
EVT-004
Event
Preparation and Signature of Lien Notice
Notice of Federal Tax Lien prepared and signed in Baltimore, MD on October 16, 2023 by Acting Manager Elvin Dean Curry
Page 2 — This notice was prepared and signed at BALTIMORE, MD , on this, the 16th day of October 2023 , · Signature Elvin Dean Curry Title ACTING MANAGER
CLM-001
Claim
Federal Tax Lien Assertion
The United States asserts a lien on all property and rights to property belonging to Cyberlux Corporation for unpaid tax liability of $20,863.24, plus additional penalties, interest, and costs that may accrue
Page 2 — there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue.
CLM-002
Claim
Tax Assessment and Demand
The IRS claims that taxes, including interest and penalties, have been assessed against Cyberlux Corporation, demand for payment has been made, but the liability remains unpaid
Page 2 — we are giving a notice that taxes (including interest and penalties) have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid.
CLM-003
Claim
Total Unpaid Tax Liability
The total unpaid balance of assessment claimed by the IRS is $20,863.24 for Form 941 employment taxes from the tax period ending December 31, 2009
Page 2 — Total $ 20863.24 Kind of Tax (a) Tax Period Ending (b) Unpaid Balance of Assessment (f) 941 12/31/2009
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
5 nodes
QUO-001
Quotation
Legal Authority Citation
The notice cites specific sections of the Internal Revenue Code as the legal basis for the lien action
Page 2 — As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following-named taxpayer.
QUO-002
Quotation
Release Information Statement
The notice provides specific information about automatic release conditions if the lien is not refiled by specified dates
Page 2 — IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a).
TEN-001
Tension
Dual Assessments for Same Tax Period
Two separate assessments are listed for the identical tax period (ending 12/31/2009) with different assessment dates (03/08/2010 and 07/25/2011) and different refiling deadlines, but the document shows only one unpaid balance total
Page 2 — 941 12/31/2009 Redaction 03/08/2010 04/07/2030 20863.24 941 12/31/2009 07/25/2011 08/24/2031
QST-001
Question
Reason for Second Assessment
Why was a second assessment made on July 25, 2011 for the same tax period (12/31/2009) that was already assessed on March 8, 2010? The second assessment row does not show an unpaid balance amount.
Page 2 — 941 12/31/2009 Redaction 03/08/2010 04/07/2030 20863.24 941 12/31/2009 07/25/2011 08/24/2031
QST-002
Question
Timing Gap Between Signing and Filing
Why is there a 10-day gap between when the notice was prepared and signed (October 16, 2023) and when it was filed with the Secretary of State (October 26, 2023)?
Page 2 — This notice was prepared and signed at BALTIMORE, MD , on this, the 16th day of October 2023 Date Filed: 10/26/2023 10:00:00 AM
Stage 4
Interpretive — Inferences, Omissions, Patterns
4 nodes
INF-001
Inference
Form 941 Employment Tax Context
Form 941 is the Employer's Quarterly Federal Tax Return used to report withholding of federal income tax and FICA taxes from employee wages. The liability indicates Cyberlux Corporation failed to pay employment taxes for Q4 2009.
Page 2 — Kind of Tax (a) Tax Period Ending (b) 941 12/31/2009
INF-002
Inference
Long Delay Before Lien Filing
There is a substantial time delay between the tax period (Q4 2009), the assessments (2010 and 2011), and the lien filing (2023), suggesting either prolonged collection efforts, administrative delays, or other intervening circumstances spanning approximately 13-14 years.
Page 2 — Tax Period Ending (b) Date of Assessment (d) 12/31/2009 03/08/2010 Date Filed: 10/26/2023 10:00:00 AM
OMI-001
Omission
Missing Unpaid Balance for Second Assessment
The second assessment row (dated 07/25/2011) does not display an unpaid balance amount in column (f), though it has the same tax period as the first assessment. This omission raises questions about whether it represents an additional liability, a re-assessment, or an administrative correction.
Page 2 — 941 12/31/2009 07/25/2011 08/24/2031 Unpaid Balance of Assessment (f) 941 12/31/2009 Redaction 03/08/2010 04/07/2030 20863.24
OMI-002
Omission
No Breakdown of Interest and Penalties
The notice references that the lien includes 'additional penalties, interest, and costs that may accrue' but provides no breakdown showing the principal tax amount versus accrued interest and penalties within the $20,863.24 total.
Page 2 — additional penalties, interest, and costs that may accrue. Total $ 20863.24

Extracted text

2 pages · 2170 characters

Exhibit 13 — Formatted Extract

Type: exhibit
Court: EDVA
Matter: HII v. Cyberlux interpleader
Docket: 3:25-cv-00483
EXHIBIT 13
02330041005
Received: 10/26/2023 Document 41-13 Filed 08/04/25

Page 2 of 2 PageID# 633

Form 668 (Y)(c) (Rev. February 2004)

Department of the Treasury - Internal Revenue Service

Notice of Federal Tax Lien

Area:

SMALL BUSINESS/SELF EMPLOYED AREA #3

Lien Unit Phone: (800) 913-6050

Serial Number

As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue.

For Optional Use by Recording Office

File Number: 20230132260B Date Filed: 10/26/2023 10:00:00 AM Elaine F. Marshall NC Secretary of State

Name of Taxpayer CYBERLUX CORPORATION, a Corporation

Residence

800
PARK OFFICES DRIVE SUITE 3209

DURHAM, NC 27709-0000

IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a).

Kind of Tax (a)

Tax Period Ending (b)

Id

Date of Assessment (d)

Last Day for Refiling (e)

Unpaid Balance of Assessment

(f)

12/31/2009

Privacy

03/08/2010

04/07/2030

20863.24

12/31/2009

Redaction

07/25/2011

08/24/2031

Place of Filing SECRETARY OF STATE NORTH CAROLINA RALEIGH, NC 27626-0622

Total

$

20863.24

This notice was prepared and signed at BALTIMORE, MD , on this, the 16th day of October 2023 , ·

Signature Elvin Dean Curry

Title ACTING MANAGER

23-06-4407

for T MCCRIMMON

(919)
850-1189

(NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409)

Part 1 - Kept By Recording Office

Form.668(Y) (c) (Rev. 2-2004) CAT. NO 60025X

Original source file

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File
ip-hii-edva-00483-doc-0041-exhibit-13.pdf
Source UID
source:93d3f65288d94cd37691b757b7e2aac5069095decbe832e046f15ea77a50ffc8
Full SHA-256
93d3f65288d94cd37691b757b7e2aac5069095decbe832e046f15ea77a50ffc8