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IN RE WILSON

Bankruptcy No. 591-50207-7, Adv. No. 591-5031.

140 B.R. 400 (1992)

In re Homer Charles WILSON and wife, Nancy Lou Wilson, Debtors. Homer Charles WILSON and wife, Nancy Lou Wilson, Plaintiffs, v. UNITED STATES of America (INTERNAL REVENUE SERVICE), Defendant.

United States Bankruptcy Court, N.D. Texas, Lubbock Division.

May 26, 1992.

Attorney(s) appearing for the Case

Myrtle McDonald, Jones, Flygare, Galey, Brown & Wharton, Lubbock, Tex., for debtors.

Ralph F. Shilling, Jr., Trial Atty., Tax Div., U.S. Dept. of Justice, Dallas, Tex., for I.R.S.

MEMORANDUM OF OPINION ON PROPERTY RIGHTS IN A DISCRETIONARY TRUST

JOHN C. AKARD, Bankruptcy Judge.

The Internal Revenue Service (IRS) seeks to levy against discretionary disbursements from a testamentary spendthrift trust established for Nancy Lou Wilson (Debtor/Beneficiary). The court finds that the Debtor/Beneficiary does not have a property interest in the trust under Texas law. Therefore, a federal tax lien pursuant to 26 U.S.C. § 6321 [hereinafter...

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