UNITED STATES V. WOOD
877 F.2d 453 (6th Cir. 1989)
NATURE OF THE CASE: This was an appeal from a summary judgment on a contract action. Wood
(D), appealed a judgment which held that US (P) was entitled to recover from D for breaching
her promise to apply the proceeds of the sale of her marital residence to her ex-husband's
federal tax lien. D contended the court erred in holding that the government was a
third-party beneficiary to the property settlement.
FACTS: Wood (D) executed an agreement with her husband to sell a home and apply the
proceeds to the mortgage and a tax lien. The property was sold at public auction but the
price was less than the statutorily required 2/3rds of the appraisal. A right of redemption
was created within one year from the day of the sale wherein D contracted to sell the
property. The IRS then put a notice of levy on the property. At a trial over that levy, the
district court held that the IRS was a creditor beneficiary of the agreement between D and
her husband. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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