Bank One Ohio Trust Company, N.A., as Trustee of the Albin C. Reitelbach Trust v. United States
Court of Appeals for the Sixth Circuit
1Opinion of the Court
DAVID A. NELSON, Circuit Judge.
Under the terms of an Ohio spendthrift trust created in 1980, Frank B. Reitelbach had a beneficial interest in the trust’s net income. In 1990, following assessment of a civil penalty for failure to pay federal taxes, the Internal Revenue Service filed a lien against Mr. Reitelbach’s property. The lien had not been released as of May 5, 1993.
On that date the trustee of the spendthrift trust was served with a notice of levy directing that the net trust income due Mr. Reitel-bach be paid over to the IRS. The trustee took the position that under the terms of the…
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