United States v. Vance ( 2000 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUN 2 2000
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee, No. 99-6291
v. W.D. Okla.
BOBBY DON VANCE, (D.C. No. 97-CV-1819-C)
Defendant-Appellant.
and
SHASTA SPRADLIN, CADDO
COUNTY TREASURER; VANCE
IRREVOKABLE FAMILY TRUST
"A"; SANDRA VANCE; SHANNON
JOY BRADDOCK; VANDA LYNETE
VANCE LONG; DON KEVIN
VANCE; AIMEE ELLEN VANCE;
SARAH ELIZABETH VANCE,
Defendants.
ORDER AND JUDGMENT *
Before BALDOCK, HENRY, and LUCERO, Circuit Judges. **
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
After examining the briefs and appellate record, this panel has
**
determined unanimously that oral argument would not materially assist the
(continued...)
The United States brought this suit to reduce to judgment assessments
against Bobby Don Vance, a tax protester, for income taxes, penalties, and
interest from tax years 1976 through 1989 and to foreclose its liens upon certain
real property held by the Vance Irrevokable Family Trust “A”, in partial payment
of those liabilities. The government also named as defendants Mr. Vance’s
spouse, Sandra Vance, and children. Mr. Vance filed a Motion to Quash the
complaint, and the government sought default judgment against Mr. Vance, his
wife, and the county in which the property is located (Caddo County, Oklahoma).
The district court denied Mr. Vance’s Motion to Quash, and granted default
judgment against the trust and Mr. Vance’s children. The district court granted
summary judgment against Mr. Vance, because he failed to respond to the motion,
which was supported by undisputed facts. The district court also granted
summary judgment against Ms. Vance.
Noting factual issues regarding the distribution of proceeds from a
foreclosure sale, the district court denied the motion for summary judgment
against the county. However, the government and county settled their differences,
(...continued)
**
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
The case is, therefore, ordered submitted without oral argument.
-2-
and on August 18, 1999, the district court entered its final judgment in which it
(1) reduced to judgment the IRS’s tax assessments against Mr. Vance; (2)
declared Mr. Vance’s transfer of the property to the trust to be a fraudulent
conveyance; (3) declared the trust to be Mr. Vance’s alter ego or nominee, making
him the true beneficial owner of the property; (4) determined that the tax liens
against Mr. Vance could be foreclosed with the proceeds distributed in
accordance with the agreement between the government and the county; and (5)
determined that neither Ms. Vance nor the trust had any compensable interest in
the property.
Mr. Vance appeals, although his children, the trust, and Ms. Vance do not.
Because Mr. Vance proceeds pro se, we construe his complaint liberally. See
Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106,
1110 (10th Cir. 1991). Accordingly, we interpret his complaint to appeal the
grant of summary judgment, the final judgment, and the denial of his motion to
quash, which the district court interpreted to be a motion to dismiss.
We exercise jurisdiction in accordance with 28 U.S.C. § 1291 and affirm.
We note that the notice of appeal was filed on July 27, 1999. This filing occurred
before the district court entered its final judgment, because the dispute between
the government and county remained. However, after the government and county
reached settlement and the district court entered final judgment, Mr. Vance’s
-3-
notice of appeal ripened, giving this court jurisdiction over the appeal. See Lewis
v. B.F. Goodrich Co., 850 F.2d 641, 645 (10th Cir. 1988); Morris v. Uhl & Lopez
Eng’rs, 442 F.2d 1247, 1250-51 (10th Cir. 1971).
We review a grant of summary judgment de novo. See Aramburu v. Boeing
Co., 112 F.3d 1398, 1402 (10th Cir. 1997). We view the evidence in the light
most favorable to the nonmoving party. See id.We have thoroughly reviewed Mr. Vance’s appeal, the record, and the
district court’s orders. It is clear that the district court carefully considered Mr.
Vance’s arguments, including his meritless tax-protest claims. 1 The district court
properly denied his motion to quash and properly granted summary judgment and
final judgment. Accordingly, we AFFIRM the district court’s orders. Mr.
Vance’s motion to proceed in forma pauperis is denied.
Entered for the Court,
Robert H. Henry
Circuit Judge
1
Like our sister circuit, “[w]e perceive no need to refute these arguments
with somber reasoning and copious citation of precedent; to do so might suggest
that these arguments have some colorable merit.” Crain v. Commissioner, 737
F.2d 1417, 1417 (5th Cir. 1984); see also Lonsdale v. United States, 919 F.2d
1440, 1448 (10th Cir. 1990).
-4-