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U.S. v. STOREY

No. 09-3848.

640 F.3d 739 (2011)

UNITED STATES of America, Plaintiff-Appellee, Beneficial Mortgage Corporation; State of Ohio, Department of Taxation; City of Toledo, Division of Taxation, Defendants-Appellees, v. Anyse J. STOREY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

May 16, 2011.

Attorney(s) appearing for the Case

ON BRIEF: Mark R. McBride , Toledo, Ohio, for Appellant. John Schumann , Thomas J. Clark , United States Department of Justice, Washington, D.C., Washington, D.C., Suzana Kukovec-Krasnicki , Keith D. Weiner & Associates Co., LPA, Cleveland, Ohio, for Appellees.

MURPHY, D.J., delivered the opinion of the court, in which GRIFFIN, J., joined. WHITE, J. (pp. 747-49) delivered a separate opinion concurring in part and dissenting in part.

OPINION

STEPHEN J. MURPHY, III, District Judge.

For ten years of a twelve-year period, Anyse Storey filed federal income tax returns that showed she owed taxes—but she failed to pay them. The United States brought an action to reduce to judgment Storey's tax liabilities for the ten years, and to foreclose on its tax liens placed on real property owned by Storey. Storey argued that her Chapter 7 bankruptcy petition discharged her tax liabilities for...

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