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MORRIS v. U.S., DEPT. OF TREASURY, I.R.S.

No. 86-3514.

813 F.2d 343 (1987)

K.A. MORRIS, Plaintiff-Appellant, v. UNITED STATES of America, the DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 27, 1987.

Attorney(s) appearing for the Case

Craig Stephen Boda, Daytona Beach, Fla., for plaintiff-appellant.

Roger M. Olsen, Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Section, Richard Farber, Murray S. Horwitz, Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

This is an appeal from a district court judgment, 652 F.Supp. 120, which dismissed the plaintiff's suit under the Internal Revenue Code Section 7426, providing for an action to be filed by a person who claims that his property has been improperly levied upon for the taxes due by a different taxpayer.1

This non-jury trial began with the trial court addressing the...

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