Legal Opinion
Wilson v. United States (In Re Wilson)
United States Bankruptcy Court, N.D. Texas
Decided May 26, 1992No. 19-40335PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OF OPINION ON PROPERTY RIGHTS IN A DISCRETIONARY TRUST
JOHN C. AKARD, Bankruptcy Judge.
The Internal Revenue Service (IRS) seeks to levy against discretionary disbursements from a testamentary spendthrift trust established for Nancy Lou Wilson (Debtor/Beneficiary). The court finds that the Debtor/Beneficiary does not have a property interest in the trust under Texas law. Therefore, a federal tax lien pursuant to 26 U.S.C. § 6321 [hereinafter IRC § 6321] cannot attach to the trust and the trust cannot be levied against under 26 U.S.C. § 6331 [hereinafter IRC § 6331],
FACTS
In her will,…
2Cases cited19 opinions
- Aquilino v. United StatesSupreme Court of the United States · 1960
- Morgan v. CommissionerSupreme Court of the United States · 1940
- United States v. National Bank of CommerceSupreme Court of the United States · 1985
- United States v. BessSupreme Court of the United States · 1958
- United States v. Durham Lumber Co.Supreme Court of the United States · 1960
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bass v. DenneyCourt of Appeals for the Fifth Circuit · 1999
- Markham, etc v. FayCourt of Appeals for the First Circuit · 1996
- Arrington v. United StatesUnited States Court of Federal Claims · 1995
- Bank One Ohio Trust Company, N.A., as Trustee of the Albin C. Reitelbach Trust v. United StatesCourt of Appeals for the Sixth Circuit · 1996
- Texas Commerce Bank-San Angelo, N.A. v. Shurley (In Re Shurley)United States Bankruptcy Court, W.D. Texas · 1994
3 more not listed; retrieve them via the Exa API.