Miller v. Tony and Susan Alamo Foundation

Decision Date20 January 1998
Docket Number96-2745,97-1691 and 97-1697,Nos. 96-2735,s. 96-2735
Citation134 F.3d 910
Parties-482, 98-1 USTC P 50,153 Robert A. MILLER; Kody Miller, by his parent and natural guardian Robert A. Miller; Carey Miller; Jeremiah Justin Miller, minor, by his parent and legal guardian Carey Miller; Rick Miller; James Miller; Claudia Greiner; Ave Maria Askey; Nanette Kelley, Plaintiffs-Appellees, v. TONY AND SUSAN ALAMO FOUNDATION, doing business as Southwest Business Management Co., Tony and Susan Alamo Christian Foundation, Holy Alamo Christian Church, Alamo Builders Emporium of Alma, Arkansas, Alamo Candy Company, Alamo Construction Company, Alamo Electric of Alma, Arkansas, Alamo Expert Roofing of Fort Smith, Arkansas, Alamo Land Development Company of Alma, Ark., Alamo Plumbing of Alma, Arkansas, Alamo Quarries of Alma, Arkansas, Alamo Packing of Alma, Arkansas, Tennessee Country Boy Distributors, TCB Distributors; Music Square Church, doing business as Alamo Mini Mart, Holiness Tabernacle Christian School, Alamo of Nashville, Alamo Ready Mix, Alamo Discount Grocery, Hartford Advertising, Alamo Freight, Alamo Farms, Alamo Restaurant, Alamo Kerr-McGee Transmission Shop, Alamo DX, End Time Books; Tony Alamo, also known as Tony Fernando, Bernie Lazar, Tony Fernando Alamo, Bernie Hoffman, Bernie Lazar Hoffman, Boris Lazar, Papa Tony, Individually & as Officer and Director of Tony & Susan Alamo Foundation and Music Square Church, Marc Landgarten, Individually & as Managing Agent for Tony & Susan Alamo Foundation & Music Square Church Foundation & Music Square Church; Tommy Scarcello, Individually & as Managing Agent for Tony & Susan Alamo Foundation & Music Square Church; Carol Ann Miller, also known as Carol Ann Landgarten, Individually & as Managing Agent for Tony & Susan Alamo Foundation & Music Square Church; Susan L. Miller, also known as Susan Scarcello, Individually & as Managing Agent for Tony & Susan Alamo Foundation & Music Square Church; Defendants, Edward Mick; William R. Levy; Richard T. Hydell; William J. Baxter; Lane L. Petra; Ralph Malone; Debra Ma
CourtU.S. Court of Appeals — Eighth Circuit

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34 cases
  • In re Rodriguez
    • United States
    • U.S. Bankruptcy Court — Eastern District of New York
    • April 22, 2008
    ...requirement in suits against the United States, the defense may be raised at any time in the litigation. See Miller v. Tony & Susan Alamo Found., 134 F.3d 910, 916 (8th Cir.1998). However, if, when the claims of the IRS and a debtor involve the same tax liabilities, it is `without purpose a......
  • Watson v. Chessman
    • United States
    • U.S. District Court — Southern District of California
    • February 2, 2005
    ...Inc. v. U.S., 624 F.2d 733, 739 (5th Cir.1980); Trust Co. of Columbus v. U.S., 735 F.2d 447 (11th Cir.1984) ; Miller v. Tony & Susan Alamo Found., 134 F.3d 910, 916 (8th Cir.1998). Accordingly, even had the IRS levied upon Lot 240 in its collection proceedings against Defendant Chessman (it......
  • Dickinson v. Wolckenhauer
    • United States
    • U.S. Court of Appeals — Third Circuit
    • June 6, 2000
    ...claim as required by section 6532(c) deprives a federal district court of subject matter jurisdiction. See Miller v. Tony & Susan Alamo Found., 134 F.3d 910, 916 (8th Cir. 1998) ("The Millers do not dispute they failed to assert a timely 7426(a)(1) wrongful levy claim on the Fort Smith/Nash......
  • Macklin v. U.S.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • August 13, 2002
    ...statute of limitations period for actions filed against the United States under 28 U.S.C. § 2410. See Miller v. Tony & Susan Alamo Found., 134 F.3d 910, 915 (8th Cir.1998) (stating that limitations period in 28 U.S.C. § 2401(a) governs actions under 28 U.S.C. § 2410); Fid. & Deposit Co. of ......
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