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HARRIS v. UNITED STATES

No. 84-1703.

764 F.2d 1126 (1985)

Sarah M. HARRIS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 8, 1985.

Attorney(s) appearing for the Case

Jones & Brutsche, M. Bruce Peele, Larry R. Jones, Dallas, for plaintiff-appellant.

James A. Rolfe, U.S. Atty., Fort Worth, Tex., Glenn L. Archer, Jr., Asst. Atty. Gen., Tax Div., Michael L. Paup, Chief, Appellate Section, Tax Div., William S. Estabrook, Michael J. Roach, Dept. of Justice, Washington, D.C., for defendant-appellee.

Jay M. Goltz, Dallas, Tex., interested party for John A. Harris.

Before REAVLEY, JOHNSON and HIGGINBOTHAM, Circuit Judges.

REAVLEY, Circuit Judge:

The United States has prevailed in enforcing, against the sale proceeds of Sarah M. Harris' community property and homestead, its lien for taxes owed by her spouse. She initiated the action below because the United States refused to release its tax lien against the proceeds of the sale of her former residence located in Dallas, Texas. Harris argues that the summary judgment should be reversed because the lien in favor of the United States is...

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