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PREWITT v. UNITED STATES

No. 85-1379.

792 F.2d 1353 (1986)

Robert PREWITT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 1986.

Attorney(s) appearing for the Case

Frank Oliver, McGinnis, Lochridge & Kilgore, Austin, Tex., DeLange, Hudspeth, Pitman & Katz, C.M. Hudspeth, Houston, Tex., for plaintiff-appellant.

Ben G. Sewell, Houston, Tex., for amicus curiae Sewell & Riggs.

Martha B. Brissette, Glenn L. Archer, Jr., Asst. Atty. Gen., U.S. Dept. of Justice, Tax. Div., Michael L. Paup, Chief, Wynette J. Hewett, Washington, D.C., for defendant-appellee.

Before CLARK, Chief Judge, and JOLLY and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

The principal issue presented by this appeal is whether under Texas law a former spouse must record in the county deed records her separate interest in real property created by a divorce decree in order to protect the interest against the other spouse's creditors without notice of the decree. The other spouse's creditor without notice, in this case the Internal Revenue Service ("IRS"), filed a federal tax lien against him after the...

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