First Atlas Funding Corp. v. United States

OPINION

BRUGGINK, Judge.

Plaintiffs are owners of a condominium in Hawaii. The property has been subjected to a notice of a tax lien by the Internal Revenue Service (“IRS”). The lien is directed at the interests of Henry Kersting. He apparently leases the condominium. Plaintiffs contend that Henry Kersting has no fee interest in the real estate which can be levied upon, and that the effect of the lien has been to cloud their title. They therefore brought this complaint, contending that the actions of the IRS constituted a taking without just compensation within the meaning of the Fifth…