Legal Opinion · Concurrence

In Re Capitol Cleaners & Dyers, Inc. Citizens Coal Co. v. Capitol Cleaners & Dyers, Inc.

Utah Supreme Court

Decided June 19, 1951No. 7571Published

1ConcurrenceWade, Justice

Under Section 3672, I. R. C. 26 U. S. C. A., a federal tax lien is not valid

“as against any mortgager, pledgee, purchaser, or judgment creditor until notice thereof has been filed”

in accordance with the state law, and under Section 80-10-1, U. C. A. 1943,

“Every tax has the effect of a judgment against the person.”

In this state a judgment creditor with a judgment only against the person obtains no lien thereby against the personal property of the judgment debtor. Taylor Motor Co. v. Salt Lake County, 74 Utah 594, 281 P. 49; Crystal Car Line v. Tax Commission, 110 Utah 426, 174 P. 2d 984. Only…

2Cases cited4 opinions

  1. United States v. Security Trust & Savings BankSupreme Court of the United States · 1950
  2. Illinois Ex Rel. Gordon v. CampbellSupreme Court of the United States · 1946
  3. Crystal Car Line v. State Tax CommissionUtah Supreme Court · 1946
  4. Taylor Motor Car Co. v. Salt Lake CountyUtah Supreme Court · 1929

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