Supreme Court of the United States
United States v. Durham Lumber Co.
June 20, 1960363 U.S. 522
Summary
The Supreme Court affirmed the district court, holding that the federal tax lien under §§6321‑6322 attaches only to the taxpayers' property interest as defined by North Carolina law, which limits the Government’s recovery to the amount remaining after subcontractors are paid.
Holding
- Whether the federal tax lien under §§6321‑6322 attaches to the general contractor’s interest in the construction contract fund, given North Carolina law defining the contractor’s property interest.. The lien attaches only to the taxpayers' property interest as defined by North Carolina law; because the contractors have only a residual interest after subcontractors are paid, the Government can recover only the amount remaining after satisfying subcontractors' claims.
Docket 23
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