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KYLER v. EVERSON

No. 05-5185.

442 F.3d 1251 (2006)

Delbert KYLER, Plaintiff-Appellant, v. Mark EVERSON, Commissioner of Internal Revenue, in his personal capacity, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 3, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Delbert Kyler, pro se.

Eileen J. O'Connor, Assistant Attorney General, Andrea R. Tebbets, Attorney, and Patricia M. Bowman, Attorney, Tax Division, Department of Justice, Washington, D.C.; and David E. O'Meilia, United States Attorney for the Northern District of Oklahoma, Tulsa, Oklahoma, on the brief for Appellees.

Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

TACHA, Chief Circuit Judge.

I. BACKGROUND

Delbert Kyler, appearing pro se, originally filed this claim for slander of title in Oklahoma state court against the Commissioner of Internal Revenue, Mark Everson, after the Internal Revenue Service filed two federal tax liens against his property. Mr. Kyler contended that the Commissioner lacked authority to file such liens because no court order gave him permission to do so. Mr. Kyler asked for $4.5 million in...

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