District Court Finds Former Wife Does Not Hold Property as Nominee

A U.S. District Court refused to find that a judgment lien from unpaid taxes  attached to property transferred by a taxpayer to his former spouse.  The court found she did not hold the property as nominee even though he continued to occupy the residence because, when the property was transferred to her, she was the spouse of the taxpayer and an assessment had not yet been made.  Since the transfer could have been for estate planning or professional liability purposes, rather than to avoid a lien from the U.S., summary judgment was inappropriate.

See U.S. v. Rominski, United Stats District Court, N.D. Illinois, No. 12-C-7643 (June 25, 2014)

Posted by David Staggs, Associate Editor, Wealth Strategies Journal