Professional Documents
Culture Documents
Director
2 VIP VEGAS HOMES SALES LLC
3 3634 Extreme Ct.
Las Vegas, NV. 89129-5049
4 702.900.GREG (4734)
5 Email address: Austinlegal@yahoo.com
6
Alana Collins
7 391 Montclair Dr.
8 #151 Big Bear City, CA. 92314
Direct 702-850-0601
9 Email address: a.collins0072021@gmail.com
10
11 Pro se Plaintiffs-Petitioners
12
13 IN THE EIGHTH JUDICIAL DISTRICT COURT OF
14 THE STATE OF NEVADA IN AND FOR THE COUNTY OF CLARK
15
16 Gregory Austin Dba (VIP VEGAS HOMES ) ___________
17 SALES LLC). and Alana Collins, on behalf of )
themselves and all others, similarly situated as )
18 does 1-1000. )
19 )
Plaintiffs-Petitioners, )
20 )
vs.
21 )
STATE OF NEVADA ex rel NEVADA )
22 )
DEPARTMENT OF EMPLOYMENT,
23 TRAINING AND REHABILITATION )
(DETR) HEATHER KORBULIC in her )
24 )
official capacity only as Nevada Director of
25 Employment, Training and Rehabilitation )
and KIMBERLY GAA in her official capacity )
26 )
only as the Administrator for the Employment
27 )
28 -1-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 Security Division (ESD); and DOES 1-100, )
inclusive. )
2 )
Defendants-Respondents. )
3
)
4 ______________________________
5
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION
6
COMPLAINT FOR DAMAGES
7
8
COME NOW Plaintiffs-Petitioners Gregory Austin and Alana Collins, on behalf
9
of themselves and all others similarly situated allege as follows:
10
11
JURISDICTION AND VENUE
12
13
1. This Court has jurisdiction over all claims herein against Defendant-Respondent
14
STATE OF NEVADA ex rel Nevada Department of Employment, Training and
15
Rehabilitation (hereinafter DETR) - Employment Security Division (ESD)
16
pursuant to NRS 41.031.
17
18
2. This Court has jurisdiction over all non-monetary claims such as mandamus
19
against individual Defendants-Respondents HEATHER KORBULIC in her
20
official capacity only as Nevada Director of Employment, Training and
21
Rehabilitation, and KIMBERLY GAA in her official capacity only as the
22
Administrator for the Employment Security Division pursuant to NRS 41.160
23
and the federal Civil Rights Act, 28 U.S.C. 1983.
24
25
3. Venue is proper in the Eighth Judicial District because the Plaintiffs-Petitioners
26
each worked in the City of Las Vegas, resided in the County of Clark, and their
27
28 -2-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 claims arose from the acts complained of herein performed within the County of
2 Clark.
3 PARTIES
4
5 4. Plaintiff-Petitioner GREGORY AUSTIN (also referred to herein as AUSTIN)
6 was for over 25 years and is still today working as a self-employed Contractor,
9 State for Nevada as an LLC which is physically located in Las Vegas and their
10 business office address for all financial matters is 3634 Extreme Ct. Las Vegas,
12 Annex A) Each year, Plaintiff-Petitioner AUSTIN reports his wages from various
13 sub - contracting, freelance and gig work jobs to the federal government and
14 pays taxes on the net income as profit according to the law. (A copy of the said
15 license is hereto attached as Annex B) does not pay himself as a W-2 employee.
4 the United States Secretary of Labor pursuant to Section 303(a)(1) of the federal
5 Social Security Act, 42 U.S.C. § 503(a)(1) (3) to administer and pay all federally
7 substantial part of the cost of DETR’s administration of both State and Federal
9
10 7. Individual Defendant-Respondent HEATHER KORBULIC (also referred to
12 Rehabilitation (DETR) and is sued in her official capacity for non-monetary and
2 to name other individual(s) in his or her official capacity, should another person
4
5 10. The identity of additional DOES 1-1000 is unknown at this time and this
6 petition/complaint will be amended at such time when the identities are known
12
13 CLASS ACTION ALLEGATIONS
14
15 11. Plaintiffs-Petitioners bring this action on behalf of themselves and all other
4 24, 2020 .
5
6 b. The Class is Sufficiently Numerous. Upon information and belief,
7 the class consists of over one thousand individuals throughout the State
8 of Nevada.
9
10 c. Plaintiff's Claims are Typical to Those of Fellow Class Members.
11 Plaintiffs- Petitioners and other class members are entitled under federal
6 Members as a group.
7
8 f. Predominance/Superior Mechanism Common questions of whether
11 available means for the fair and efficient adjudication of this controversy.
6 proprietors.
7
8 14. Prior to March 27, 2020, self-employed individuals, sole proprietors, and/or
9 independent contractors who do not pay themselves as W-2 employees were not
11
12 15. On Friday, March 27, 2020, President Trump signed into law the CARES Act
13 which, among many other things, provided that all self-employed individuals,
4 eligible to for UI but pays on neither and DETR has sent a notice of
7
8 17. That despite the fact that the Plaintiffs/Petitioners have been declared as
9 qualified to receive the claim benefits, DETR still refused to continue paying
10 them, thus. a clear denial of due process on behalf of Plaintiffs and All Class
11 Members.
12
13 PLAINTIFF-PETITIONER GREGORY AUSTIN
14
15 18. Plaintiff-Petitioner Austin has lived in Nevada for over 21 years. He left in 2019
16 on a medical sabbatical to help his failing health. He was supposed to return back
17 to America around February 2020 just as the virus was causing lockdown and
18 inability to travel. He decided instead of putting his health at further risk and
19 returning back immediately he would wait and try to get work remotely offshore
20 by computer. At that time unemployment started to rise, jobs were unavailable,
21 and he was unable to ascertain anything remotely. Austin has bilateral carpal
22 tunnel; remote work is very difficult but able to be done if he has the access to
23 stable Wi-Fi and a company willing to hire him.
24
25 19. Plaintiffs-Petitioners Austin and Collins applied for Pandemic Unemployment
26 Assistance (PUA) with Claimant ID - 0002144937 but was initially
27 disqualified. (Annexes C and D, respectively)
28 -9-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 20. On June 29, 2020 Austin reached to KTNV Action News via email thru Tricia
2 Kean, reporter at KTLV Channel 13 for media exposure on how NVDETR has
3 been handling their claims for urgent benefits and how DETR has been giving
4 him a hard time in connecting with DETR as no one seems to act or respond on
5 the claims despite the urgency of the matter. Austin had just been referred to
6 another agency or department but still no one is available to assist. Still, the
7 DETR did not act on the claim, they only called and told Austin that he didn’t
8 qualify for Unemployment but did for PUA. But they sent a letter showing that
10
11 21. On August 6, 2020, Austin again reached out via email to the Office of Senator
12 Jacky Rosen as NVDETR has been ignoring him for several months already and
13 has been delaying the release of his emergency funds. The Office of the Senator
14 They advised Austin to call the PUA hotline, but Austin couldn't get through it.
15
16 22. On November 23, 2020, Austin was notified that he is eligible for Pandemic
17 Unemployment Assistance (PUA) Benefits amounting to $181.00 weekly. That
18 it will only take three days for funds to appear in the bank account, but Austin
19 received none. (Annexes E and F)
20
21 23. Austin appealed on the same day and docketed it as 2020035934 (Annex G).
22 DETR marked Austin’s portal as “Claim under Review (No); Unresolved issues
23 (Yes) on a more recent screenshot it says “Unresolved issues: NO” without any
24 explanation whatsoever. How could it not be under review if there are unresolved
25 issues? It also mentions that the claim amount benefit of $1267.00 out of a total
26 of $10,317.00 was paid, and no such amount was ever direct deposited or sent
27 per screenshot (please see attached). This shows that NVDETR has with malice
28 -10-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 and forethought, complicitly lied, misrepresented and misreported to said court
2 that they have paid claimants to get out of their CONTEMPT charges with Judge
3 Breslow; when in reality, they never paid most of us at all. A tactical yet illegal
5 tactic therefore causing and continuing to cause the latter to experience undue
8
9 24. DETR has failed/stopped to pay Austin all of the benefits he is eligible for (UI,
10 PUA, FPUC ($600), LW ($300) since February 2020 and had missed weeks
12 Judge Breslow DETR failed and still fails to pay the benefits due to him and the
13 rest of the claimants, constituting a taking of property without due process see,
15 121 (1971). Portions of the benefits he is eligible for (UI, PUA, FPUC ($600),
16 LW ($300) are as follows:
17
18 Period Amount Weeks Total
19 2/2020 to 2/2021 $181 57 $10,317
20 4/5/2020 to 7/31/2020 $600 16 $9,600
21 12/27/2020 to 3/14/2020 $300 11 $3,300
22 3/2021 to 3/14/2021 $181 2 $362
23 _________
24 $23,579
25
26 NOTE: The amount does not include stimulus payments never received.
27
28 -11-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 Year
2 2020 $1,400
3 2021 1,400
4 2021 600
5
6 25. To add further insult to injury, Plaintiff-Petitioner Austin is currently partially
7 and chronically disabled and suffering from an incurable disorder/syndrome
8 Fibromyalgia, amongst other disabling and debilitating conditions, “a disorder
9 characterized by widespread musculoskeletal pain accompanied by fatigue,
10
sleep, memory and mood issues. It amplifies painful sensations by affecting the
11
way a brain and spinal cord process painful and non-painful signals” (UCLA
12
Schmidt-Wilcke Ichesco E, et al Changes in clinical pain in fibromyalgia, Pain
13
Med 2014; 15:1346). Austin has been suffering greatly due to depression and
14
strong anxiety, panic attacks. Notably, ADA Law prohibits discrimination
15
against people with disabilities. Clearly, DETR’s failure to release Austin’s
16
unemployment benefits despite court order and unreasonable delay caused
17
Austin emotional, financial and psychological distress, especially during the
18
coronavirus pandemic. (Annex H)
19
20
PLAINTIFF-PETITIONER ALANA COLLINS
21
22
26. Plaintiff-Petitioner Collins moved from Nevada to California on December 28,
23
2019, just before the pandemic to care for her mother. All of her previous work
24
history was in Nevada.
25
26
27
28 -12-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 27. In March 2020, when the pandemic hit, she contacted California Employment
2 Development Department (California EDD) for Unemployment and Pandemic
3 Unemployment Assistance (PUA) and was told by California EDD that she
5
6 28. California EDD sent Collins weekly claim forms and she had the option to fill
7 out the forms online for benefits which she did on May 30, 2020. (Annex I)
8
9 29. When Collins applied for her weekly benefits online, she was denied on the
10 ground that “she was eligible for regular Unemployment Insurance benefits,
13 Leave Benefits, therefore does not meet the legal requirements for payment of
15
16 30. In May 2020, Collins contacted California EDD on the phone, but this time
17 informing her that she did not qualify for California benefits, (because
18 benefits are based on her past 4 quarters of employment - which were all in
19 Nevada) and she DID qualify for benefits from Nevada.
20
21 31. On August 6, 2020, Collins started faxing the State of Nevada after receiving a
22 letter from them stating that she should reach out to the "Monetary Recovery"
23 Department, for a reconsideration of such denial of her monetary claims which
24 is most of her documentation. (Annex K)
25
26
27
28 -13-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 32. Collins' last fax to that department was 11/2020, a week later, she received a
2 Bank of America Debit Card, which is where EDD is supposed to upload her
3 weekly benefits.
4
5 33. Collins until today has failed to have any funds deposited from EDD to Collins
6 debit or checking account, and they have not sent correspondence of ANY kind
8
9 34. Nevada never confirmed what weekly benefit amount Collins should be
10 receiving.
11
12 35. Collins has been a resident of California for more than a year and should now
13 qualify for unemployment/PUA assistance from California EDD starting
15
16 36. Collins couldn't file for benefits in California at the moment until Nevada claims
17 have been settled.
18
19 37. It has been almost fifty-seven (57) weeks, total allowed by NVDETR since the
20 March 15, 2020 Nevada state order to shut down, and more than four weeks after
21 the United States Department of Labor’s guidance and still Defendants-
22 Respondents have failed to provide any method by which class members, like
23 Plaintiffs-Petitioners.
24
25 38. Thus, delay in payments of federally mandated unemployment benefits has
26 caused and will continue to cause, Plaintiffs-Petitioners irreparable harm. The
27
28 -14-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 denial of PUA benefits to eligible individuals unquestionably constitutes
2 irreparable harm. See Day v. Shalala, 23 F.3d 1052, 1059 (6th Cir. 1994)
3
4 FIRST CAUSE OF ACTION
5
6 Violation of Federal Statute on Behalf of Plaintiffs and All Class Members
7
8 39. Plaintiffs reallege and incorporate by reference all the paragraphs above in the
9 Petition/Complaint as though fully set forth herein.
10
11 40. Section 303(a)(1) of the federal Social Security Act, 42 U.S.C. § 503(a)(1) (3)
12 (a) (1) provides that Defendant DETR pay unemployment benefits when due,
16
17 41. Under this statute, and in this context, “when due” means at the earliest stage of
18 unemployment where unemployment compensation benefit payments are
19 administratively feasible.
20
21 42. By failing to pay and continue paying by which class members like Plaintiffs-
22 Petitioners are entitled or how they will be processed under the Consolidated
23 Appropriations Act of 2021, specifically under the “Continued Assistance for
24 Unemployed Workers Act 0f 2020”, Defendants-Respondents have willfully
25 violated the provisions of 42 U.S.C. § 503(a)(1) (3) (a) (1) causing great harm
26 to the Plaintiffs-Petitioners and the members of the Class. Qualified
27 immunity protects government officials "from money damages unless a plaintiff
28 -15-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 pleads facts showing (1) that the official violated a statutory or constitutional
2 right, and (2) that the right was "clearly established" at the time of the
5
6 43. Furthermore, "A court determining whether a right was clearly established looks
7 to [United States] Supreme Court and Ninth Circuit law existing at the time of
8 the alleged act.'" "A right is clearly established only if its contours are
10 doing violates that right." "[E]xisting precedent must have placed the statutory
14 inquiry must be undertaken in light of the specific context of the case, not as a
3
4 46. Plaintiffs-Petitioners like all other Class Members have a property interest in the
5 receipt of unemployment compensation pursuant to the CARES Act. Plaintiffs-
7 47. In this case, the payment of unemployment compensation benefits creates in all
8 class members a property interest protected by due process.”
9
10
48. Since it is a property right, denial of payment of unemployment compensation
11
by refusing to allow an individual to apply is a violation of due process. As stated
12
in Board of Regents of State Colleges v. Roth, 408 U.S. 564, 576, 92 S.Ct. 2701,
13
33 L.Ed.2d 548 (1972), “The Fourteenth Amendment’s procedural protection of
14
property is a safeguard of the security of interests that a person has already
15
acquired in specific benefits.”
16
17
49. By the acts complained of herein, Defendants-Respondents have denied
18
Plaintiffs- Petitioners and all Class Members due process of law. Therefore, they
19
are not and cannot be a “party” to any administrative proceeding.
20
21
50. Wherefore, Plaintiffs-Petitioners demand that Defendants-Respondents be
22
required to immediately, but not later than seventy-two (72) hours after an Order
23
from this Court so directing, maintain a webpage with responsive customer
24
service assistants, which includes access to an appeal process, for all class
25
members to receive the unemployment insurance that they are entitled to under
26
federal law.
27
28 -17-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 51. Furthermore, Plaintiffs-Petitioners demand from Defendants-Respondent DETR
2 only, immediate payment to each and every member of the class of all
5
6 THIRD CAUSE OF ACTION
7
8 Mandamus to Compel Performance of Clear Duty of Office on Behalf of Plaintiffs-
9 Petitioners and All Class Members
10
11 52. Plaintiffs-Petitioners reallege and incorporate by reference all the paragraphs
12 above in the Complaint as though fully set forth herein.
13
14 53. NRS 34.160 provides that mandamus is available to compel the performance of
15 an act which the law requires as a duty resulting from an office, trust, or station.
16
17 54. Section 303(a)(1) of the federal Social Security Act, 42 U.S.C. § 503(a)(1) (3)
18 (a) (1) provides that Defendants DETR pay unemployment benefits when due.
19
20 55. The CARES Act now makes unemployment compensation due to all self-
21 employed individuals, sole proprietors, and independent contractors.
22
23 56. By failing to timely initiate a webpage or other system or mechanism for self-
24 employed individuals, sole proprietors, and independent contractors to apply,
25 follow-up and appeal for unemployment compensation, Defendants-
26 Respondents have breached a duty of their office and have failed to perform a
27 duty.
28 -18-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 57. Because Plaintiffs-Petitioners cannot even apply for unemployment
3
4 58. An action under NRS 233B.130 is the exclusive method to seek judicial review
5 from a denial of unemployment benefits.
6
7 59. But NRS 233B.130(1) provides that only “An action under NRS 233B.130 is the
8 exclusive method to seek judicial review from a denial of unemployment
9 benefits. But NRS 233B.130(1) limits judicial review to a party of record. As the
10 statute states: 1. Any party who is (a) Identified as a party of record by an agency
13
14 60. As held in UNITED STATES DISTRICT COURT DISTRICT OF NEVADA,
15 Nov 13, 2020 Case No.: 2:20-cv-01922-JAD-EJY (D. Nev. Nov. 13,
16 2020), “turning to the relief sought, Plaintiffs do not discuss what they seek
17 from the State of Nevada. Plaintiffs request a writ of mandamus directing
18 DETR to make their federal unemployment funds available to them within 72
19 hours.”
20
21 61. Wherefore, Plaintiffs-Petitioners request this Court to Issue of Writ of
22 Mandamus directed to Defendants-Respondents requiring them to immediately,
23 but not later than three days after an order from this court, show cause, if any
24 there be why they should not be directed to fulfill their duty of paying to all self-
25 employed individuals, sole proprietors and independent contractors working in
26 Nevada immediately prior to March 15, 2020, unemployment compensation
27 “when due” by establishing a webpage application process, which includes
28 -19-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 access to an appeal process, for all class members to receive the unemployment
3
4 PRAYER FOR RELIEF
5
6 For the reasons stated herein, Plaintiffs-Petitions ask this Court to issue an order as
7 follows:
8 a. That Defendants-Respondents be required to immediately, but not
9 later than seventy-two (72) hours after an order from this court so
14
15 b. That Plaintiffs-Petitioners shall be awarded additional damages as
2
3 e. Punitive damages
4
5 f. Incidental Damages
6
7 g. Collateral Damages
8
9 h. Consequential damages
10
11 i. Future damages that may arise from their failure to timely execute
12 payments.
13
14 j. Intentional infliction of Emotional, Psychological and Financial
15 distress.
16
17 k. pain and suffering
18
19 l. Emotional anguish
20
21 m. The worsening of a pre-existing condition
22
23 n. the loss of enjoyment of life and activities
24
25 o. compensatory damages
26
27 p. liquidated damages
28 -21-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 q. general damages
2
3 r. administrative or judicial sanctions
4
5 s. Bad Faith and covenants
6
7 t. Negligence
8
9 u. Incompetence
10
11 v. Breach of Fiduciary duty to the State of Nevada
12
13 w. UNJUST ENRICHMENT
14
15 x. Treble damages as allowed.
16
17 y. That Plaintiffs-Petitioners shall be awarded attorney’s fees and
18 costs according to law.
19
20 All Other reliefs and remedies just and equitable under the premises and law are
21 likewise prayed for.
22
23
24
25
26
27
28 -22-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 AFFIRMATION
2
3 The undersigned does hereby affirm that the preceding document filed in the Eighth
4 Judicial District Court of the State of Nevada, County of Clark, does not contain the
5 social security number of any person.
6
7 Dated: 8 March 2021
th
8
9 Respectfully submitted,
10
11 Gregory Austin
Alana Collins
12 Pro se - Plaintiffs-Petitioners
13
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28 -23-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
1 LISTS OF ANNEXES
2
Annexes Description
3
A. VIP VEGAS HOMES BUSINESS LICENSE
4
B. 2019 TAX RETURN DOCUMENTS (VIP VEGAS
5 HOMES SALES)
6 C. NVDETR APPLICATION
7 D. PUC DISQUALIFYING DETERMINATION
8 E. PUA ELIGIBILITY
9 F. APPEAL
10 G. ADA - RTC
11 H. ALANA FORMS
12 I. DENIAL
13 J. LETTER OF CIRCUMSTANCE TO NVDETR
14
K. LETTER OF RECONSIDERATION
15
16
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28 -26-
PETITION FOR WRIT OF MANDAMUS AND/OR CLASS ACTION COMPLAINT FOR DAMAGES
STATE OF NEVADA Annex "A"
BARBARA K. CEGAVSKE Commercial Recordings & Notary Division
202 N. Carson Street
Secretary of State Carson City, NV 89701
Telephone (775) 684-5708
Fax (775) 684-7138
KIMBERLEY PERONDI North Las Vegas City Hall
2250 Las Vegas Blvd North, Suite 400
Deputy Secretary for OFFICE OF THE North Las Vegas, NV 89030
Commercial Recordings
SECRETARY OF STATE Telephone (702) 486-2880
Fax (702) 486-2888
Charges
Description Filing Number Filing Date/Time Filing Status Qty Price Amount
Annual List 20200571701 3/27/2020 4:08:47 AM Approved 1 $350.00 $350.00
Total $350.00
Payments
Type Description Payment Status Amount
Credit Card 5853073153266653503058 Success $350.00
Total $350.00
Credit Balance: $0.00
GREG AUSTIN
3634 Extreme Ct
LAS VEGAS, NV 89129, USA
STATE OF NEVADA
BARBARA K. CEGAVSKE Commercial Recordings Division
202 N. Carson Street
Secretary of State Carson City, NV 89701
Telephone (775) 684-5708
Fax (775) 684-7138
KIMBERLEY PERONDI North Las Vegas City Hall
2250 Las Vegas Blvd North, Suite 400
Deputy Secretary for OFFICE OF THE North Las Vegas, NV 89030
Commercial Recordings
SECRETARY OF STATE Telephone (702) 486-2880
Fax (702) 486-2888
The attached document(s) were filed with the Nevada Secretary of State, Commercial
Recording Division. The filing date and time have been affixed to each document,
indicating the date and time of filing. A filing number is also affixed and can be used to
reference this document in the future.
Respectfully,
BARBARA K. CEGAVSKE
Secretary of State
Page 1 of 1
Limited Partnership
Limited-Liability Partnership
Business Trust
Corporation Sole
Additional Officers, Managers, Members, General Partners, Managing Partners, Trustees or Subscribers, may be listed on a supplemental page.
CHECK ONLY IF APPLICABLE
Pursuant to NRS Chapter 76, this entity is exempt from the business license fee.
001 - Governmental Entity
006 - NRS 680B.020 Insurance Co, provide license or certificate of authority number
For nonprofit entities formed under NRS chapter 80: entities without 501(c) nonprofit designation are required to maintain a state business license,
the fee is $200.00. Those claiming an exemption under 501(c) designation must indicate by checking box below.
Pursuant to NRS Chapter 76, this entity is a 501(c) nonprofit entity and is exempt from the business license fee.
Exemption Code 002
For nonprofit entities formed under NRS Chapter 81: entities which are Unit-owners' association or Religious, Charitable, fraternal or other
organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C $ 501(c) are excluded from the requirement to obtain a state business
license. Please indicate below if this entity falls under one of these categories by marking the appropriate box. If the entity does not fall under either of
these categories please submit $200.00 for the state business license.
Unit-owners' Association Religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization
pursuant to 26 U.S.C. $501(c)
For nonprofit entities formed under NRS Chapter 82 and 80:Charitable Solicitation Information - check applicable box
Does the Organization intend to solicit charitable or tax deductible contributions?
No - no additional form is required
Yes - the "Charitable Solicitation Registration Statement" is required.
The Organization claims exemption pursuant to NRS 82A 210 - the "Exemption From Charitable Solicitation Registration Statement" is
required
**Failure to include the required statement form will result in rejection of the filing and could result in late fees.**
page 1 of 2
BARBARA K. CEGAVSKE
Secretary of State Annual or Amended List
202 North Carson Street
Carson City, Nevada 89701-4201 and State Business License
(775) 684-5708
Website: www.nvsos.gov Application - Continued
www.nvsilverflume.gov
page 2 of 2
NEVADA STATE BUSINESS LICENSE
VIP VEGAS HOMES SALES, LLC
In accordance with Title 7 of Nevada Revised Statutes, pursuant to proper application duly filed and
payment of appropriate prescribed fees, the above named is hereby granted a Nevada State Business
License for business activities conducted within the State of Nevada.
Valid until the expiration date listed unless suspended, revoked or cancelled in accordance with the
provisions in Nevada Revised Statutes. License is not transferable and is not in lieu of any local business
license, permit or registration.
License must be cancelled on or before its expiration date if business activity ceases. Failure to do
so will result in late fees or penalties which, by law, cannot be waived.
Internal Revenue Service Go to www.irs.gov/Form1120 for instructions and the latest information.
A Check if: Name B Employer identification number
1a Consolidated return
(attach Form 851) .. VIP VEGAS HOMES SALES LLC 20-4750068
b Life/nonlife consoli- C Date incorporated
dated return ..... TYPE Number, street, and room or suite no. If a P.O. box, see instructions.
2 Personal holding co. OR
(attach Sch. PH) ... 09-19-2006
PRINT D Total assets (see instructions)
3 Personal service corp. 632 JOJOBA COURT
(see instructions) ... City or town, state or province, country and ZIP or foreign postal code
4 Schedule M-3 attached
Las Vegas NV 89144-4523 $ 20,375
E Check if: (1) Initial return (2) Final return (3) Name change (4) Address change
33 Total payments, credits, and section 965 net tax liability (Schedule J, Part III, line 23). . . . . . . . . . . . . . 33
34 Estimated tax penalty. See instructions. Check if Form 2220 is attached . . . . . . . . . . . . . . . 34
35 Amount owed. If line 33 is smaller than the total of lines 31, 32, and 34, enter amount owed ........... 35
36 Overpayment. If line 33 is larger than the total of lines 31, 32, and 34, enter amount overpaid .......... 36
37 Enter amount from line 36 you want: Credited to 2020 estimated tax Refunded 37
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct,
and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
Sign May the IRS discuss this return
Here GREG AUSTIN PRESIDENT with the preparer shown below?
Signature of officer Date Title See instructions. X Yes No
Paid MARVEL ENTERPRISES INC MARVEL ENTERPRISES INC 05-05-2020 self-employed P00365203
Preparer Firm's name MARVEL ENTERPRISES INC Firm's EIN 20-0402869
Use Only Firm's address 3634 EXTREME COURT Phone no.
17 .....
Global Intangible Low-Taxed Income (GILTI)(attach Form(s) 5471 and Form 8992)
b Own directly an interest of 20% or more, or own, directly or indirectly, an interest of 50% or more in any foreign or domestic partnership
(including an entity treated as a partnership) or in the beneficial interest of a trust? For rules of constructive ownership, see instructions ........ X
If "Yes," complete (i) through (iv) below.
(ii) Employer (iii) Country of (iv) Maximum
(i) Name of Entity Identification Number Organization Percentage Owned in
(if any) Profit, Loss, or Capital
6 During this tax year, did the corporation pay dividends (other than stock dividends and distributions in exchange for stock) in
excess of the corporation's current and accumulated earnings and profits? See sections 301 and 316. . . . . . . . . . . . . . . . . X
If "Yes," file Form 5452, Corporate Report of Nondividend Distributions. See the instructions for Form 5452.
If this is a consolidated return, answer here for the parent corporation and on Form 851 for each subsidiary.
7 At any time during the tax year, did one foreign person own, directly or indirectly, at least 25% of the total voting power of all
classes of the corporation's stock entitled to vote or at least 25% of the total value of all classes of the corporation's stock? . . . . . . X
For rules of attribution, see section 318. If "Yes," enter:
(a) Percentage owned and (b) Owner's country
(c) The corporation may have to file Form 5472, Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign
Corporation Engaged in a U.S. Trade or Business. Enter the number of Forms 5472 attached 0
8 Check this box if the corporation issued publicly offered debt instruments with original issue discount . . . . . . . . . . . . . .
If checked, the corporation may have to file Form 8281, Information Return for Publicly Offered Original Issue Discount Instruments.
9 Enter the amount of tax-exempt interest received or accrued during the tax year $
10 Enter the number of shareholders at the end of the tax year (if 100 or fewer) 1
11 If the corporation has an NOL for the tax year and is electing to forego the carryback period, check here (see instructions) . . . .
If the corporation is filing a consolidated return, the statement required by Regulations section 1.1502-21(b)(3) must be attached
or the election will not be valid.
12 Enter the available NOL carryover from prior tax years (do not reduce it by any deduction reported on
page 1, line 29a.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,309
EEA Form 1120 (2019)
Form 1120 (2019) VIP VEGAS HOMES SALES LLC 20-4750068 Page 5
Schedule K Other Information (continued from page 4)
13 Are the corporation's total receipts (page 1, line 1a, plus lines 4 through 10) for the tax year and its total assets at the end of the Yes No
tax year less than $250,000? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X
If "Yes," the corporation is not required to complete Schedules L, M-1, and M-2. Instead, enter the total amount of cash distributions
and the book value of property distributions (other than cash) made during the tax year $
14 Is the corporation required to file Schedule UTP (Form 1120), Uncertain Tax Position Statement? See instructions . . . . . . . . . . X
If "Yes," complete and attach Schedule UTP.
15a Did the corporation make any payments in 2019 that would require it to file Form(s) 1099? . . . . . . . . . . . . . . . . . . . . .
b If "Yes," did or will the corporation file required Form(s) 1099?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 During this tax year, did the corporation have an 80% or more change in ownership, including a change due to redemption of its own stock? . . . . .
17 During or subsequent to this tax year, but before the filing of this return, did the corporation dispose of more than 65% (by value)
of its assets in a taxable, non-taxable, or tax deferred transaction?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Did the corporation receive assets in a section 351 transfer in which any of the transferred assets had a fair market basis or fair
market value of more than $1 million? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 During the corporation's tax year, did the corporation make any payments that would require it to file Forms 1042 and 1042-S
under chapter 3 (sections 1441 through 1464) or chapter 4 (sections 1471 through 1474) of the Code? ................
20 Is the corporation operating on a cooperative basis? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 During the tax year, did the corporation pay or accrue any interest or royalty for which the deducton is not allowed under section
267A? See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If "Yes," enter the total amount of the disallowed deductions $
22 Does the corporation have gross receipts of at least $500 million in any of the 3 preceding tax years? (See sections 59A(e)(2)
and (3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If "Yes," complete and attach Form 8991.
23 Did the corporation have an election under section 163(j) for any real property trade or business or any farming business in effect
during the tax year? See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 Does the corporation satisfy one or more of the following conditions? See instructions. . . . . . . . . . . . . . . . . . . . . . . .
a The corporation owns a pass-through entity with current, or prior year carryover, excess business interest expense.
b The corporation's aggregate average annual gross receipts (determined under section 448(c)) for the 3 tax years preceding the
current tax year are more than $26 million and the corporation has business interest expense.
c The corporation is a tax shelter and the corporation has business interest expense.
If "Yes," to any, complete and attach Form 8990.
25 Is the corporation attaching Form 8996 to certify as a Qualified Opportunity Fund?. . . . . . . . . . . . . . . . . . . . . . . . . X
If "Yes," enter amount from Form 8996, line 14 . . . . . . . . $ 0
EEA Form 1120 (2019)
Form 1120 (2019) VIP VEGAS HOMES SALES LLC 20-4750068 Page 6
Schedule L Balance Sheets per Books Beginning of tax year End of tax year
Assets (a) (b) (c) (d)
1 Cash . . . . . . . . . . . . . . . . . . . . . . 1,297 1,298
2a Trade notes and accounts receivable . . . . . . .
b Less allowance for bad debts . . . . . . . . . . . ( ) ( )
3 Inventories . . . . . . . . . . . . . . . . . . .
4 U.S. government obligations . . . . . . . . . . .
5 Tax-exempt securities (see instructions) . . . . . .
6 Other current assets (attach statement) . . . . . .
7 Loans to shareholders . . . . . . . . . . . . . .
8 Mortgage and real estate loans . . . . . . . . . .
9 Other investments (attach statement) . . . . . . . Statement #9 17,392 17,532
10a Buildings and other depreciable assets . . . . . . 1,399 1,399
b Less accumulated depreciation . . . . . . . . . . ( 1,064 ) 335 ( 1,198 ) 201
11a Depletable assets . . . . . . . . . . . . . . . .
b Less accumulated depletion . . . . . . . . . . . ( ) ( )
12 Land (net of any amortization) . . . . . . . . . .
13a Intangible assets (amortizable only) . . . . . . . .
b Less accumulated amortization . . . . . . . . . . ( ) ( )
14 Other assets (attach statement) . . . . . . . . . . Statement #10 1,344 1,344
15 Total assets . . . . . . . . . . . . . . . . . . . 20,368 20,375
Liabilities and Shareholders' Equity
16 Accounts payable ................
17 Mortgages, notes, bonds payable in less than 1 year ...
18 Other current liabilities (attach statement) . . . . . Statement #11 (3,996) (4,036)
19 Loans from shareholders . . . . . . . . . . . . . 76,560 76,781
20 Mortgages, notes, bonds payable in 1 year or more. . . .
21 Other liabilities (attach statement) . . . . . . . .
22 Capital stock: a Preferred stock . . . . . . . .
b Common stock . . . . . . . .
23 Additional paid-in capital . . . . . . . . . . . . .
24 Retained earnings-Appropriated (attach statement) . . . .
25 Retained earnings-Unappropriated . . . . . . . . (52,196) (52,370)
26 Adjustments to shareholders' equity (attach statement)
27 Less cost of treasury stock . . . . . . . . . . . . ( ) ( )
28 Total liabilities and shareholders' equity . . . . . . 20,368 20,375
Schedule M-1 Reconciliation of Income (Loss) per Books With Income per Return
Note: The corporation may be required to file Schedule M-3. See instructions.
1 Net income (loss) per books . . . . . . . . . . . (174) 7 Income recorded on books this year
2 Federal income tax per books . . . . . . . . . . . not included on this return (itemize):
3 Excess of capital losses over capital gains . . . . Tax-exempt interest $
4 Income subject to tax not recorded on books
this year (itemize):
8 Deductions on this return not charged
5 Expenses recorded on books this year not against book income this year (itemize):
deducted on this return (itemize): a Depreciation . . . . . $
a Depreciation. . . . . . . . . . $ b Charitable contributions $
b Charitable contributions . . . . $
c Travel and entertainment . . . $ 1
Form filed:
Form 8879-C
Due date:
07-15-2020
Transaction method:
Your federal tax return cannot be e-filed with the IRS until
this office has received a signed Form 8879-C. Review your
tax return, sign and date Form 8879-C, and return it to the
address below as soon as possible.
Mail-to address:
Total ___________
76,560
___________ ___________
76,781
___________
PG01
Schedule L - Line 25 STMT
Total ___________
(52,196) ___________
___________ (52,237)
___________
PG01
Form 1120 - Line 26 - Other Deductions Statement #5
Description Amount
Dues and subscriptions 95
Meals 50% limit 1
Travel ______________
49
Total ______________
145
______________
STATMENT.LD
Federal Supporting Statements 2019 PG01
Name(s) as shown on return Tax ID Number
Total ___________
17,392
___________ ___________
17,532
___________
PG01
Schedule L - Line 14 Statement #10
Total ___________
1,344
___________ ___________
1,344
___________
PG01
Schedule L - Line 18 Statement #11
Total ___________
(3,996) ___________
___________ ___________
(4,036)
STATMENT.LD
Federal Supporting Statements 2019 PG01
Name(s) as shown on return Tax ID Number
Statement #EL43
STATMENT.LD
1120 Overflow Statement 2019
Page 1
Name(s) as shown on return FEIN
_________________________________________________________
Description ______________
Amount
_________________________________________________________
MEALS ______________
$ 2
Total: ______________
$ 2
______________
OVERFLOW.LD
Form 1120 Contribution Limitation/Carryover Worksheet
Page 1, Line 19 (Keep for your records) 2019
Name(s) as shown on return Tax ID Number
WK_CNTRB.LD
* Item is included in UBIA Depreciation Detail Listing 2019
for Section 199A calculations. FORM 1120 PAGE 1
See "UBIA" in lower right corner. For your records only
Name(s) as shown on return Social security number/EIN
1 COMPUTER IPHONE 01012017 1,399 100.00 PY 700 699 5 200 DB HY 19.2 1,064 134 1,198
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2015
Future Years
Form 2220
Tax .....................................................
Form 3800
General business credit carryforward ....................................
Form 4562
Section 179 Carryover ............................................
Form 4797
Nonrecaptured net section 1231 losses from WK_1231C . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reserved for future use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reserved
Reserved for future use ...........................................
Form 8827
Minimum tax credit carryforward .......................................
WK_CO.LD
2019 Filing Instructions
VIP VEGAS HOMES SALES LLC
Tax year ending 12-31-2019
Form filed:
Filing method:
Your return will be e-filed once your signed Form 8879-C has
been received.
Due date:
10-15-2020
FILEINST.LD
1120 TAX RETURN COMPARISON
2017 / 2018 / 2019
2019
Compensation of officers . . . . . . . .
Salaries and wages . . . . . . . . . . .
Repairs and maintenance . . . . . . .
Bad debts . . . . . . . . . . . . . . .
Rents . . . . . . . . . . . . . . . . .
Taxes and licenses . . . . . . . . . . .
Interest . . . . . . . . . . . . . . . . (4) (200) 200
Charitable contributions . . . . . . . .
Depreciation . . . . . . . . . . . . . . 840 224 134 (90)
Depletion . . . . . . . . . . . . . . . .
Advertising . . . . . . . . . . . . . .
Pension, profit-sharing . . . . . . . . .
Employee benefits . . . . . . . . . . . 100 49 (49)
Domestic production activities ded . . .
Other deductions . . . . . . . . . . . 20,361 5,613 145 (5,468)
Total deductions . . . . . . . . . . . 21,297 5,686 279 (5,407)
NOL deduction . . . . . . . . . . . . .
Special deductions . . . . . . . . . . .
Amount owed . . . . . . . . . . . . .
Overpayment . . . . . . . . . . . . .
Applied to estimate . . . . . . . . . . .
Refund . . . . . . . . . . . . . . . .
RESIDENT STATE. . . . . . . . . . . . NV NV NV
Taxable . . . . . . . . . . . . . . . .
Tax. . . . . . . . . . . . . . . . . . .
Overpayment . . . . . . . . . . . . . .
Balance Due . . . . . . . . . . . . . .
2017 2018 2019 DIFFERENCE
COMPARE.LD
Annex "C"
Employment Security Division PANDEMIC UNEMPLOYMENT
PUA Claim Center: (800)-603-9681
PUA Adjudication Office: (800)-603-9682 DISQUALIFYING DETERMINATION
Annex "D"
Claimant:
GREGORY AUSTIN
SSN #:
XXX-XX-1313
Claimant ID:
Gregory K Austin 0002144937
632 Jojoba Ct. Claim Effective Date (BYB):
Las Vegas, NV 89114-0000 02/02/2020
Benefit Year Ending (BYE):
12/26/2020
We have completed a review and investigation of your claim for Pandemic Unemployment Assistance referenced above.
We have determined that your claim is DENIED as you do not meet the qualifications required by the Coronavirus Aid,
Relief, and Economic Security (CARES) Act of 2020 for Pandemic Unemployment Assistance.
You filed your claim with an effective date which was before the State of Nevada was impacted by COVID-19 closures.
State of Nevada was not affected by COVID-19 until 03/08/2020.
This disqualification is effective 02/02/2020 to 03/07/2020.
Please see below for the full text of the applicable law, 2102(c).
1 of 2
APPEAL RIGHTS
If you disagree with this determination, you have the right to file an appeal and your appeal must be received by
07/27/2020. Notice: If you receive more than one decision, read each one carefully to protect your appeal rights. ANY
ineligible decision will stop payment of this claim. Please read the following information carefully. If you disagree with this
decision you have the right to file an appeal. The appeal can only be submitted on-line through the EmployNV.gov
portal. Log in to your account, click on the Unemployment Services link and select “File an Appeal.” You may request an
appeal after the finality date indicated above, however, you must show good cause for the delay in filing. If an interpreter
is needed, please include this information in the appeal request. During the appeal process you must continue to file
claims for any week you are unemployed to preserve any benefit rights that may be established as a result of the appeal.
Once your appeal has been received and reviewed, you will receive additional information regarding the appeal in your
EmployNV mail box.
WEEKLY FILING INSTRUCTIONS – Online (fastest option) – Go to EmployNV.gov, select File Your PUA Weekly
Certification from the welcome page. Log into your claim and follow the prompts. If you are already logged into EmployNV,
navigate to Unemployment Services, click Weekly Claim Certification.
PANDEMIC ASSISTANCE PERIOD – PUA benefits are payable for the weeks beginning February 2, 2020 and the week
ending December 26, 2020. The number of PUA weeks payable is 39, less any week(s) regular of UC paid. A shorter or
abbreviated disaster assistance period may be provided if it is determined that unemployment due to the pandemic is of a
short duration or is no longer attributable to the pandemic.
2102(c)
(c) Applicability.-- (1) In general.--Except as provided in paragraph (2), the assistance authorized under subsection (b)
shall be available to a covered individual-- (A) for weeks of unemployment, partial unemployment, or inability to work
caused by COVID-19-- (i) beginning on or after January 27, 2020; and (ii) ending on or before December 31, 2020; and
(B) subject to subparagraph (A)(ii), as long as the covered individual's unemployment, partial unemployment, or inability to
work caused by COVID-19 continues.
2 of 2 15F8F01D-D1E7-467F-8F9D-66F417A03E28 1331590
Annex "E"
Annex "F"
Annex "G"
Annex "H"
Annex "I"
Annex "J"
Annex "K"