ROTHKAMM v. U.S.

No. 14-31164.

802 F.3d 699 (2015)

Kathryn ROTHKAMM, Plaintiff-Appellant v. UNITED STATES of America; Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 21, 2015.


Attorney(s) appearing for the Case

John Fredrick McDermott , Michael Sean Walsh , Taylor, Porter, Brooks & Phillips, L.L.P., Baton Rouge, LA, for Plaintiff-Appellant.

John Arthur Schumann , Michael J. Haungs, Esq. , Supervisory Attorney, U.S. Department of Justice, Washington, DC, John Joseph Gaupp, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Baton Rouge, LA, for Defendants-Appellees.

Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.


Plaintiff-Appellant Kathryn Rothkamm and her husband filed separate tax returns. Rothkamm's husband incurred a tax liability, and the IRS levied her account at a bank, which she asserts was her separate property. She initially sought a Taxpayer Assistance Order ("TAO") through the Taxpayer Advocate Service but obtained...

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