United States v. Bank of America National Trust & Savings Ass'n
Opinion
Opinion
Clarke, J.
This action involves priority of claims to funds in a taxpayer’s bank accounts. The United States asserts a lien right; and the defendant bank asserts a statutory right of setoff. There is no dispute as to the facts, both parties having moved for summary judgment.
The taxpayer, J. B. Edmondson, maintained accounts with defendant bank at a branch office in Fullerton, Orange County, California. The accounts stood in the taxpayer’s own name and in certain business names. For aught that appears in the record, the businesses were sole proprietorships. The-accounts have been treated by the parties as being those of the individual taxpayer, and this Court shall so treat them.
The taxpayer became indebted to the United States for withholding and F.I. C.A. (Social Security) taxes for the first, second and third quarters of 1955. Notices of the various assessments were given, -and demands for payment made of the taxpayer, in accordance with applicable provisions of the Internal Revenue Code. Notice of lien for the first assessment was filed in Orange County, California, October 19, 1955; notices as to the two other assessments were filed in Orange County January 28, 1958.