UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM WERNER; MARIBETH WERNER; MERCOTRUST LIMITED, a/k/a MERCOTRUST AKTIENGESELLSCHAFT, as Trustee of the CASA TRUST, a purported Liechtenstenian trust; GLENN WERNER, DEBI NEUSTADTER, RICK WERNER, CORI WERNER, and DAVID BOLAND, as court-appointed receiver of the assets of William Werner, Defendants, 857 F. Supp. 286

Summary

The taxpayers, a married couple, owned assets that included property in a foreign trust in the wife's name. A judgment creditor of the husband sought an order compelling the taxpayers to turn over the assets. After a bankruptcy filing, dismissed for bad faith because the foreign assets were not listed, certain other assets were turned over to a court-appointed receiver. In a second bankruptcy filing, the foreign assets were listed. Thereafter, the United States obtained a judgment for unpaid taxes. The taxpayers contended that the statute of limitations of the Federal Debt Collection Act, 28 U.S.C.S. § 3001 et seq., barred recovery as to the foreign assets. The court held that, under 28 U.S.C.S. § 3003(b), the Federal Debt Collection Act did not apply to limit the collection of taxes. The court held that, under the statute of limitations contained in the Internal Revenue Code, 26 U.S.C.S. § 6502(a)(1), an action to collect taxes had to be commenced within 10 years after assessment of ...