tenancy by the entirety texas

87 results for tenancy by the entirety texas

  • vLex Rating
  • United States v. Barczyk, 081711 FED6, 10-1498

    ... Barczyk and her tax-delinquent husband as tenants by the entirety. Mrs. Barczyk, who does not owe unpaid taxes to the United ... would destroy the survivorship interest guaranteed by her tenancy by the entirety.          When a person fails to pay ... forced sale of property jointly owned by spouses under Texas's homestead law when only one spouse owed delinquent taxes. The ...

  • Garner v. Gerrish and the renter's life estate: teaching a new concept of "home.".

    ... among leaseholds for a term of years, the periodic tenancy, and the tenancy at will. The landlord in Garner, Robert Donovan, ... the one raised in Garner, "will examine the lease in its entirety as well as the context in which the bargain was struck. Some .... (228) Brian Z. Tamanaha, Understanding Legal Realism, 87 TEXAS L. REV. 731, 734 (2009). . (229) Sullivan, supra note 224, at ...

  • 461 U.S. 677 (1983), 81-1476, U.s. v. Rodgers

    ... United States District Court for the Northern District of Texas, William M. Taylor, Jr., J., entered judgments in favor of ... of the co-owner.  These include tenancies by the entirety and certain homestead estates.  See Plumb, Federal Liens and ... leave undisturbed the bar to tax enforcement created by a tenancy by the entirety 11 suggests that Congress did not object to the ...

  • In re Kim, 040914 FED5, 10-10882

    ... United States District Court for the Northern District of Texas .           Before HIGGINBOTHAM, OWEN, and HAYNES, ... as a tenant in common, joint tenant, or tenant by the entirety, 26 or another, more generally applicable, subsection of § ... has described homestead rights as "analogous to a life tenancy, with the holder of the homestead right possessing the rights ...

  • 748 F.3d 647 (5th Cir. 2014), 10-10882, In re Odes Ho Kim

    ... United States District Court for the Northern District of Texas. .           For Dome Entertainment Center, ... as a tenant in common, joint tenant, or tenant by the entirety, 26 or another, more generally applicable, subsection of § 363. ... has described homestead rights as " analogous to a life tenancy, with the holder of the homestead right possessing the rights ...

  • Estate of James A. Elkins, Jr., Deceased, Margaret Elise Joseph and Leslie Keith Sasser, Independent Executors, Petitioners V. Commissioner of Internal Revenue, Respondent

    D owned undivided fractional interests in 64 works of contemporary art. In valuing certain of those fractional interests, pursuant to IRC sec. 2703(a)(2) the court disregard D's agreement by which he waived his right to institute a partition action with respect to some of the works of art and thereby relinquished an important use of his fractional interests in those works. By notice of deficiency

    ... they filed the petition, petitioners resided in Houston, Texas. The Art. Decedent (sometimes, Mr. Elkins) and Mrs. Elkins ... lease] for the purpose of selling the item * * * in its entirety." Section 13 states that the lease and the parties' "rights, ..., he testified: "If this language was not in the co-tenancy agreement, any individual interest owner would have the right to ...

  • A Purse of Her Own: The Case Against Joint Bank Accounts1

    Paychecks that would otherwise remain separate pass through joint accounts from which either spouse can withdraw funds for use by the household.4 Joint bank accounts provide an avenue for the sharing of marital resources and therefore appear to epitomize the ideal of contemporary marriage-a marriage between partners who share everything, including money.5 The ownership of a joint bank account is...

    ... majority rule for joint accounts that are held in joint tenancy.62. A minority of states, including Michigan, agree that a ... with a few other states, not only allows tenancy by the entirety in personal property, it presumes it.68 When a husband and a wife ... statute on divorce it must be distributed as if it had.142 Texas allows community property to be put into a joint account with ...

  • Toward a Theory of Interactive Federalism

    Dual federalism is dead, but its spirit continues to haunt contemporary discussions of federalism. Neither courts nor scholars embrace dual federalism's goal of creating exclusive and non-overlapping spheres of state and national authority. Nevertheless, the dualist conception of federalism as a line-drawing exercise persists. This Article offers an alternative conception that understands the...

    ..."Don't mess with Texas" captures a certain cultural self-identification. "Don't mess ..., the appropriate relationship would be closer to a joint tenancy. The states and the federal government generally enjoy a joint, ... note 82, at 56 ("[T]he historical record, viewed in its entirety, fails to support the existence of state autonomy as a critical ...

  • Spodek v. United States Postal Service, 011014 FED5, 12-11025

    ... United States District Court for the Northern District of Texas USDC No. 3:07-CV-1888 .           Before STEWART, Chief ... four of the six five-year options, thus continuing their tenancy of the building through June 30, 2010. 2.8 An inspection of the ..., we vacate the judgment of the district court in its entirety and remand for reconsideration in light of this opinion. VACATED ...

  • U.S. v Craft, 041702 USSC, 00-1831

    ... property in Michigan that they owned as tenants by the entirety. Subsequently, the Internal Revenue Service (IRS) agreed to ... its lien had attached to the husband's interest in the tenancy by the entirety. The District Court granted the Government ...Texas law provided that " 'the owner or claimant of the property ...

  • 535 U.S. 274 (2002), 00-1831, United States v. Craft

    ... property in Michigan that they owned as tenants by the entirety. Subsequently, the Internal Revenue Service (IRS) agreed to ... its lien had attached to the husband’s interest in the tenancy by the entirety. The District Court granted the Government ...Texas law provided that “ ‘the owner or claimant of the property ...

  • 727 F.3d 751 (7th Cir. 2013), 12-1349, Wellness Int'l Network, Ltd. v. Sharif

    ... judgment in excess of $650,000 in the Northern District of Texas as a sanction for his failure to engage in discovery, Sharif ... $752,050 in assets held by AG Edwards in joint tenancy for Sharif and his mother, Soad Wattar, and he had failed to ... the four judgments of the bankruptcy court in their entirety, . __ [WL] __ at *10, and Sharif now appeals (though Ragda does ...

  • Chartering and Field of Membership Manual

    The NCUA Board proposes to comprehensively amend its chartering and field of membership rules to put them in a more efficient framework and to maximize access to federal credit union services to the extent permitted by law. The amendments will implement changes in policy affecting: The definition of a local community, a rural district, and an underserved area; the expansion of multiple common...

    ... million), approved by the Board in 2003, and Harris County, Texas (3.45 million), approved by the Board in 2007. ... who work regularly at the park during their employer's tenancy would be eligible for FCU membership. New tenants to the ... factors with respect to the proposed service area in its entirety:. Economic Hub: Evidence indicates residents commonly travel ...

  • 617 F.3d 370 (6th Cir. 2010), 09-1710, United States v. Barr

    ... home that he and his wife Carolyn own as tenants by the entirety. Mrs. Barr argues on appeal, as she did before the district ...�  Detailed consideration of the component interests of a tenancy by the entirety reinforces this intuitive conclusion. A tenancy ... had owned and occupied their home as a homestead under Texas law. Id. Texas law provides that, at the death of one spouse, ...

  • 140 F.3d 638 (6th Cir. 1998), 96-1038, Craft v. United States Through C.I.R.

    ... held by Sandra and her husband, first as tenants by the entirety and then jointly conveyed to Sandra. The United States, in turn, ..., that this conveyance effectively: (1) terminated the tenancy by the entirety; (2) after which, each spouse owned an equal ... the government, the Court held that homestead rights under Texas law did not protect property--or a nondelinquent spouse--from in ...

  • Hatchett, et al v. USA, 060403 FED6, 00-1645

    ... properties held by the Hatchetts as tenants by the entirety. The district court, relying on a. decision of this Court, ... that the levies may attach to property held as a tenancy by the entirety. The United States also argues that the levies ...The Court in Rodgers decided that a. Texas homestead law did not prevent the Government from forcing the ...

  • Banking Industry Scores Big in Texas Legislative Session

    ... crisis to wreak legislative havoc on the Texas banking industry. However, when the gavel struck the dais on June 1, ending the 140-day session, the banking industry had, instead, experienced one of its best sessions in recent years. Texas legislators filed more than 8,000 pieces of legislation in the 140-day 81st Session of the Texas Legislature. While most of the legislation was not related to the business of banking, there was no...

  • Standing to Challenge State and Local Immigration Regulation: How the Notion of Expressive Injury Can Restore Federal Power Over Immigration

    INTRODUCTION John Doe 1 was a tenant in Hazleton, Pennsylvania, in September, 2006. ' Because he was not a United States citizen or permanent legal resident, he was confident the United States government could deport him at any time.

    ...," which required tenants to register for permits of tenancy based on the legality of their status in the country, and an ... notable attempts took place in Oklahoma,147 Georgia,148 and Texas.149 A city in Texas - Farmers Branch - passed an ordinance ...This was not the entirety of the court's opinion, however. Also on appeal was the district ...

  • 140 T.C. 86 (T.C. 2013), 16597-10, Estate of Elkins v. Commissioner of Internal Revenue

    ... they filed the petition, petitioners resided in Houston, Texas.           The Art .          Decedent ... lease] for the purpose of selling the item * * * in its entirety.'' Section 13 states that the lease and the parties' ''rights, ..., he testified: ''If this language was not in the co-tenancy agreement, any individual interest owner would have the right to ...

  • Estate of Elkins v. Commissioner of Internal Revenue, 031113 FEDTAX, 16597-10

    ... they filed the petition, petitioners resided in Houston, Texas. .          The Art.          Decedent ... lease] for the purpose of selling the item * * * in its entirety." Section 13 states that the lease and the parties' "rights, ..., he testified: "If this language was not in the co-tenancy agreement, any individual interest owner would have the right to ...

  • 771 F.3d 456 (9th Cir. 2014), 14-35420, Latta v. Otter

    ... Lane, Jr., Akin Gump Strauss Hauer & Feld LLP, San Antonio, Texas; Jessica M. Weisel, Akin Gump Strauss Hauer & Feld LLP, Los ...g., Social Security benefits), property rights (e. g., tenancy by the entirety, inheritance rights), and other, less tangible ...

  • 675 F.3d 802 (5th Cir. 2012), 10-10751, Villas at Parkside Partners v. City of Farmers Branch, Texas

    ... or any agent of a landlord with authority to initiate proceedings to terminate a lease or tenancy to knowingly permit an occupant to occupy a single family residence without a valid residential ...Therefore, although we acknowledge that the entirety of the Third Circuit's judgment has been vacated, we nevertheless find Lozano 's reasoning ...

  • The rule of capture - an oil and gas perspective.

    ...Anderson v. Amoco Canada Oil and Gas and NCNB Texas National Bank v. West V. CONCLUSION I. INTRODUCTION . The rule of ... of the rule of capture did not amount to a taking of the entirety of one's common law property rights granted under a rule of .... (287) These difficulties are illustrated in the co-tenancy oil and gas context by Law, 145 S.E. at 601-02, where the holder ...

  • 755 F.3d 1193 (10th Cir. 2014), 13-4178, Kitchen v. Herbert

    ...Texas, 539 U.S. 558, 567, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003). The ... (e.g., Social Security benefits), property rights (e.g., tenancy by the entirety, inheritance rights), and other, less tangible ...

  • Wealth Management Update - 2010 Year-End.

    .... The Fisher parents transferred an LLC, in its entirety, to their 7 children over the course of 3 years using annual ... In this case, the Tax Court held that a contribution of a tenancy-in-common interest in a personal residence to a qualified ..., the government avers that under the relevant state law - Texas - a personal representative must preserve sufficient assets to ...