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U.S. v. BOARDWALK MOTOR SPORTS, LTD.

No. 11-40871.

692 F.3d 378 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. BOARDWALK MOTOR SPORTS, LIMITED, Doing Business as Boardwalk Ferrari; Plains Capital Corp., Doing Business as Plains Capital Bank, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 24, 2012.

Attorney(s) appearing for the Case

Randolph Lyons Hutter (argued), Tamara W. Ashford , Deputy Asst. Atty., Bruce Raleigh Ellisen , U.S. Dept. of Justice, Tax Div. App. Section, Washington, DC, Ramona Stephens Notinger , U.S. Dept. of Justice, Tax Div., Dallas, TX, for Plaintiff-Appellee.

Elizabeth Gabrielle Bloch (argued), Brown McCarroll, L.L.P., Austin, TX, Richard A. Illmer , Brown McCarroll, L.L.P., Dallas, TX, Kathryn L. Shilling (argued), Shilling Law Firm, Irving, TX, for Defendants-Appellants.

Before REAVLEY, SMITH and CLEMENT, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

A bank named Plains Capital Corporation ("Plains Capital") and Boardwalk Motor Sports, Limited ("Boardwalk"), appeal a judgment finding them liable for conversion of the proceeds from the sale of a car that was subject to a tax lien. Boardwalk sold the car and gave the proceeds to Plains Capital to get Plains Capital to release the title, and Plains Capital applied the money to the taxpayer...

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