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O'HAGAN v. U.S.

No. 95-1185.

86 F.3d 776 (1996)

Ann H. O'HAGAN, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 12, 1996.

Attorney(s) appearing for the Case

Thomas Linguanti, Washington, DC, argued (Gary R. Allen, William S. Estabrook and Paula K. Speck, on the brief), for appellant.

Richard Snyder, Minneapolis, MN, argued (Steven Z. Kaplan, on the brief), for appellee.

Before BEAM, HEANEY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

BEAM, Circuit Judge.

Ann O'Hagan (Mrs. O'Hagan) filed this action pursuant to section 7426 of the Internal Revenue Code (IRC) to enjoin the Internal Revenue Service (IRS or government) from selling her husband's (Mr. O'Hagan) interest in real property which she owned with him as a joint tenant. After the IRS administratively levied upon Mr. O'Hagan's property interest in an effort to collect his delinquent taxes, the district court enjoined the IRS from selling Mr...

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