NOTICE OF AVAILABILITY OF PROOF OF CLAIM FORM AND CLAIM BAR DATE
NOTICE is hereby given that James D. Sallah, Esq. not individually, but solely in his capacity as Court-Appointed Receiver (the “Receiver”) ”) for JCS Enterprises Inc., d/b/a JCS Enterprises Services Inc., T.B.T.I. Inc., My Gee Bo, Inc., JOLA Enterprise Inc., and PSCS Holdings, LLC (collectively, “the Receivership Entities”) has made available a Court-approved Proof of Claim Form to any person and/or entity electing to submit a claim seeking a Court-approved distribution from the Receivership Entities’ assets. Download the Proof of Claim Form to submit here.
NOTICE is also hereby given that in order to be eligible to receive a distribution of the Receivership Entities’ assets, including, without limitation, the settlement proceeds of actions brought by the Receiver to recover the Receivership Entities’ assets, all persons and/or entities must complete the Proof of Claim Form (including the sworn oath on the last page) and return it, with the requested documentation, so that it received on or before 5:00 p.m. on November 27, 2017 (the “Claim Bar Date”) to: Office Manager, Sallah Astarita & Cox, LLC, 2255 Glades Rd., Ste. 300E, Boca Raton, Florida 33431. If the completed Proof of Claim Form is not received and signed under penalty of perjury at the above-referenced address by the Claim Bar Date, you will be forever barred from asserting any claim against assets collected by the Receiver or other assets transferred to the Receivership Entities, including, without limitation, the settlement proceeds of any actions brought by the Receiver to recover the Receivership Entities’ assets, and such persons and/or entities will not be eligible to receive any money from the Receiver.
On March 2, 2018, the Receiver files Sixth Report with the Court, which is available here.
On April 3, 2017, the Receiver filed a “Motion to Approve Claim Form, Manner of Notice of Claim Form, and Claims Bar Date” with the Court. The Motion and attached proposed Claim Form may be found under Court Documents.
On March 31, 2017 the Receiver filed two motions with the Court. One motion seeks to pool the assets of JCS, TBTI, JOLA, PSCS, and GeeBo into a single Receivership Estate for the purposes of a more efficient and cost effective Court approved claims process. The second motion seeks to transfer assets in “TBTI Defined Pension Plan” into the Receivership Estate for the purposes of the eventual distribution to approved claimants. Both motions may be found under Court Documents.
Receiver files Fifth Report with the Court, which is available here.
The Receiver is pleased to announce that he has obtained a declaratory judgment against Damon and Cathy Barnes providing him with an lien over assets worth approximately $400,000. As a result of this declaration, the Receiver has had the assets in those accounts transferred to the Receivership Estate without any tax penalties or withholding. A copy of the Declaratory Judgment can be found on this website under "Lawsuits Filed."
Frequently Asked Questions (Taxes) is available here.
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Will I receive a Form 1099 this year or any year in the future from any of the Receivership Entities?
The Receiver will not issue Forms 1099 to investors for amounts previously paid or distributed to investors by Receivership Entities.
The Receiver will not issue Form 1099s for future distributions made from the Receivership Estate during the course of the administration and wind-down of the Receivership Entities by the Receiver unless you are an IRA investor.
If you invested in Receivership Entities through an IRA, you will receive Form 1099-R if you receive a future distribution from the Receivership Estate.
Am I able write-off my investment in Receivership Entities as worthless and report that loss in my tax return?
Neither the Receiver nor his financial or legal professionals are able to answer questions regarding your personal tax situation. Your ability to deduct losses for your investment relating to one or more of the Receivership Entities may be dependent on how your tax returns were prepared in prior years relative to the amount that you paid to one or more of the Receivership Entities. You should contact your personal tax advisor about any questions regarding tax losses or deductions that may be available to you with respect to amounts that you previously paid to any of the Receivership Entities.
Who can my tax advisor contact if he or she has questions about tax reporting related to my investment?
Your tax advisor may contact Lesley Johnson at KapilaMukamal, LLP at (954) 761-1011.
Notice: The above FAQs do not constitute, and many not be relied on as, tax advice. All investors, persons, and/or entities are responsible for making their own individual decisions regarding any tax payments and/or filings, and neither the Receivership Estate (nor the Receiver or his engaged professionals) are responsible for such payment and/or filings. You may wish to consult with an independent tax attorney or accountant qualified in tax matters concerning any such tax ramifications.