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EWING AND THOMAS, P.A. v. HEYE

No. 85-3760.

803 F.2d 613 (1986)

EWING AND THOMAS, P.A., a Florida corporation, Plaintiff-Appellant, v. Merlin W. HEYE, District Director of the Internal Revenue Service, Roscoe L. Egger, Jr., Commissioner, Internal Revenue Service, the United States of America, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 30, 1986.

Attorney(s) appearing for the Case

J. Miles Buchman, Tampa, Fla., for plaintiff-appellant.

Michael L. Paup, Chief Appellate Section, Glenn L. Archer, Jr., Thomas R. Lamons, Gilbert S. Rothenberg, Tax Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before RONEY, Chief Judge, FAY, Circuit Judge and SIMPSON, Senior Circuit Judge.

SIMPSON, Senior Circuit Judge:

Ewing and Thomas, P.A., filed suit in district court to obtain the release of a federal tax lien which had been filed against its property as well as attorneys fees and costs incurred in administrative proceedings1 and in district court litigation.

The complaint alleged that the taxpayer had satisfied the obligation secured by the lien but was nevertheless unable to obtain a release of the lien through...

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