Legal Opinion

Bank of America Nat. Trust & Savings Ass'n v. United States

District Court, N.D. California

Decided September 17, 1946No. 23664PublishedCited by 2 opinions

1Opinion of the Court

GOODMAN, District Judge.

It appears from the stipulation of facts that the tax claim of the United States became a recorded lien by the filing of notice of lien (26 U.S.C.A. Int.Rev.Code, § 3672) prior to the effectuation as liens of the judgments of the creditor defendants. Hence the tax lien of the United States was superior to the judgment claims of defendants. Underwood v. United States, 5 Cir., 118 F.2d 760; MacKenzie v. United States, 9 Cir., 109 F.2d 540; United States v. Record Pub. Co., D.C., 60 F.Supp. 194.

Upon findings to be presented, the funds on deposit will be ordered paid to…

2Cases cited5 opinions

  1. Globe Indemnity Co. v. Puget Sound Co.Court of Appeals for the Second Circuit · 1946
  2. MacKenzie v. United StatesCourt of Appeals for the Ninth Circuit · 1940
  3. Underwood v. United StatesCourt of Appeals for the Fifth Circuit · 1941
  4. Massachusetts Mut. Life Ins. Co. v. MorrisCourt of Appeals for the Ninth Circuit · 1932
  5. United States v. Record Pub. Co.District Court, N.D. California · 1945

3Cited by2 opinions

  1. Beeghly v. WilsonDistrict Court, N.D. Iowa · 1957
  2. National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952

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