Shenk Realty & Construction Co. v. Barrett

The motion by the judgment creditor is denied. The right of the Government to the royalties became complete by the service of a copy of notice of tax lien, notice of levy and a warrant of distraint upon the third party which thereupon became liable for the amount of the tax, to the amount of the royalties in its possession. (53 U. S. Stat. at Large 456; U. S. Code, tit. 26, § 3710.) “ This [the service of a notice of levy and of a warrant of distraint] was an actual levy by the Collector upon the property of the tax debtors.” (Sport-Craft, Inc. v. Lasker, 177 Misc. 872, 873.) Up to the time…