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KOPEC v. KOPEC

No. 97-CV-3800 (ADS).

70 F.Supp.2d 217 (1999)

Helen KOPEC, Plaintiff, v. Donald KOPEC as Trustee of Dak Pension Plan, Donald Kopec, and Internal Revenue Service, Defendants.

United States District Court, E.D. New York.

October 18, 1999.

Attorney(s) appearing for the Case

Guttman & Guttman, Melville, NY, Bruce H. Guttman, of counsel, for plaintiff Helen Kopec.

Zachary W. Carter, United States Attorney, U.S. Dept. of Justice, Tax Division, Washington, DC, by Wendy J. Kisch, Assistant U.S. Attorney, for defendant Internal Revenue Service.

Steven Heller, Dix Hills, NY, for defendant Donald Kopec.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This is an interesting case, apparently of first impression, involving principles of ERISA law. The case arises out of a levy by Defendant Internal Revenue Service ("IRS") against the Individual Retirement Account ("IRA") of Defendant Donald Kopec ("Donald") for unpaid taxes. Helen Kopec ("Helen"), the Plaintiff and Donald's wife, seeks to vacate the levy as to one-half of the proceeds of that IRA on...

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