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United States Vs. Craft

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  • US Supreme Court
  • Apr 17, 2002

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  1. United States Vs. Bess US Supreme Court · Jun 09, 1958
  2. U.S. 274 (2002) October Term, 2001 Syllabus United States V. Craft
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  3. may attach. Pp.278-289. (a) Because the federal tax lien statute itself creates no property rights, United States v. Bess
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  4. Drye v. United
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  5. the tax lien reveals that Congress meant to reach every property interest that a taxpayer might have. United States v. National
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  6. Federal tax liens may attach to property that cannot be unilaterally alienated, United States v. Rodgers
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  7. see also United States v. National
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  8. see also Dickman v. Commissioner
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  9. federal question of which bundles of rights constitute property that may be attached by a federal tax lien. In Drye v. United
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  10. Long v. Earle
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  11. West 1988). Neither spouse may unilaterally alienate or encumber the property, Long v. Earle
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  12. Rogers v. Rogers
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  13. Mich. App. 125, 134, 356 N. W. 2d 288, 292 (1984), although this may be accomplished with mutual consent, Eadus v. Hunter
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  14. United States v. National
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  15. Glass City Bank v. United
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  16. the right to use the property, to receive income produced by it, and to exclude others from it. See Dolan v. City
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  17. the most essential sticks in the bundle of rights that are commonly characterized as property''' (quoting Kaiser Aetna v. United
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  18. Loretto v. Teleprompter
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  19. already stated that federal tax liens may attach to property that cannot be unilaterally alienated. In United States v. Rodgers
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  20. This disparity in treatment between the two forms of ownership, however, arises from our decision in United States v. Rodgers
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  21. Pension Benefit Guaranty Corporation v. LTV
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  22. Central Bank of Denver, N. A. v. First
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  23. This case exemplifies the risk of relying on such legislative history. As we noted in United States v. Rodgers
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  24. generally accepted rule that liens could not attach to entireties property. See Astoria Fed. Sav. & Loan Assn. v. Solimino
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  25. first court of appeals cases dealing with the application of such a lien did not arise until the 1950's. United States v. Hutcherson
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  26. Raf- faele v. Granger
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  27. Sanford v. Bertrau
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  28. exempt status under state law does not bind the federal collector.''' Drye v. United
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  29. see also United States V. Certain
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  30. the taxpayer has in the property beyond those interests recognized under state law. Aquilino v. United
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  31. States, 363 U. S. 509 , 513 (1960) (citing Morgan v. Commissioner
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  32. see also Long v. Earle
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  33. See Budwit v. Herr
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  34. see also Tyler v. United
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  35. s law with respect to the essential attributes of the tenancy by the entirety estate. However, relying on Drye v. United
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  36. States, 528 U. S. 49 , 59 (1999), which in turn relied upon United States v. Irvine
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  37. U. S. 224 (1994), and United States v. Mitchell
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  38. CL United States v. Kaufman
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  39. devise any portion of the property because it is subject to the other's indestructible right of survivorship. Rogers v. Rogers
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  40. Nor do we mean to suggest that an expec- 7 And it is similarly different from the situation in United States v. Rodgers
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  41. a federal tax lien cannot attach to such property to satisfy an individual spouse's tax liability.8 This 8 See IRS v. Gaster
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  42. Pitts v. United
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  43. United States v. American
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  44. Raffaele v. Granger
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  45. United States v. Hutcherson
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  46. United States v. Nathanson
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  47. Syllabus United States V. Craft
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  48. Dickman v. Commissioner
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  49. In Drye v. United
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  50. Eadus v. Hunter
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