- 25 - (W.D.N.C. 1991); United States v. Drexler, 60 AFTR 2d 87-5091, 87-2 USTC par. 9493 (E.D. Okla. 1985). We are aware, of course, that the Appeals Office determined that petitioner was the sole equitable owner of the Claremore property.9 Petitioner argues that Oklahoma State law does not contemplate ownership in nominee form10 and that the Appeals Office did not consider Oklahoma law in making its determination upholding the nominee lien. We reject petitioner’s arguments for several reasons. First, petitioner concedes that he owns an interest in the 9At the hearing, petitioner did not offer any of the information previously requested by Mr. Penny and Revenue Officer Baustert regarding petitioner’s claim that his siblings had an interest in the Claremore property. The silence of petitioner’s siblings undermines petitioner’s claim that each of them owns an interest in the Claremore property but does not necessarily prevent them from asserting any ownership right that they may have. A person who claims an ownership interest in property subject to a Federal tax lien may bring a quiet title action to challenge the lien against the property. See 28 U.S.C. sec. 2410 (2000). Generally, the Federal District Courts have jurisdiction over any civil action arising under any Act of Congress providing for internal revenue. 28 U.S.C. sec. 1340 (2000). 10Petitioner’s argument on this point is erroneous as a matter of Oklahoma State law because the concept of nominee ownership is recognized thereunder. When legal title to real property is conveyed to one person and another person furnishes the consideration for the property, a presumption arises under Oklahoma State law that the person who furnished the funds to purchase the property intended to acquire the equitable interest in that property. Boatright v. Perkins, 894 P.2d 1091 (Okla. 1995). See also 60 Okla. Stat. Ann., tit. 60, sec. 137 (West 1994 & Supp. 2003), which provides that “When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made.”Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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