Terryl A. Gardner v. United States
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HENRY, Circuit Judge.
The Internal Revenue Service (IRS) appeals the district court order granting summary judgment in a quiet title action in favor of the plaintiff-appellee, Ms. Terryl A. Gardner. The United States District Court for the District of Kansas held that the marital property awarded to Ms. Gardner in a divorce proceeding is not subject to a tax lien held by the government for taxes assessed against the plaintiffs former husband, Billie L. Gardner. The IRS argues that Mr. Gardner had “property” or “rights to property,” within the meaning of 26 U.S.C. § 6321, and therefore that he…
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