Plymouth Savings Bank v. U.S. I.R.S.
United States Court of Appeals for the First Circuit
187 F.3d 203 (1999)
Relevant factsFree
Plymouth Savings Bank (plaintiff) held a security interest in contract rights and receivables of borrower Shirley Dionne, who later defaulted and failed to pay federal payroll taxes, prompting IRS (defendant) tax liens in December 1994 and February 1995. Dionne then signed a contract in late March 1995 -- within 45 days of the second tax lien -- to help a hospital obtain a nursing home license; the district court held the Bank's security interest did not attach because Dionne performed the contract more than 45 days after the tax lien.
IssueFree
Whether a tax lien on a delinquent taxpayer's property always takes priority over a commercial lien in the property.