Jerry D. Criner - Page 25

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          (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.”                            





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