Pittsburgh National Bank v. United States

OPINION OF THE COURT

SEITZ, Chief Judge.

The Government appeals from an order of the district court, 498 F.Supp. 101 (W.D.Pa.1980) granting summary judgment for Pittsburgh National Bank (PNB) in a wrongful-levy action brought pursuant to 26 U.S.C. § 7426(a)(1) (1976).

I

Paul McArdle (the taxpayer) borrowed $10,400 from PNB on March 17, 1975. At that time he executed a ninety-day note, which provided that in the event óf default PNB could set off its claim against the balance of any account of the taxpayer’s at PNB. The note was renewed at the end of each ninety-day period until it expired on…