Court Orders Government to Pay Attorneys’ Fees in Tax Case

Judge Tells Government Attorneys, “It should have been obvious”

The Court ordered the U.S. Government to pay the attorneys’ fees in Robyn Baker’s tax case. U.S. District Judge Boston Tax Attorney Top LitigationPaul Barbadoro found that the Government’s tax case against Baker was not justified under Federal and New Hampshire law.

In United States of America v. Scott G. Baker and Robyn Baker, the Government sued Robyn Baker over a piece of property that she obtained from her husband in a divorce decree. The Government claimed that the tax lien placed on her ex-husband’s property should be enforced because the deed transferring the property had not been recorded.

Baker’s attorney, D. Sean McMahon of McMahon & Associates, refuted the Government’s claim arguing that the tax lien was placed on the property after it was transferred to Baker in the divorce decree. The U.S. District Court for the District of New Hampshire agreed with McMahon and granted summary judgment dismissing the Government’s tax case against Baker. McMahon and his client also filed a motion claiming the Government’s suit against her was not justified and that Baker was entitled to recover attorneys’ fees.

Judge Barbadoro did not mince words when he agreed with Baker’s argument and awarded her attorneys’ fee,

“it should have been obvious to the government that its tax liens against Baker’s ex-husband cannot apply to her property because the decree transferring the property became effective before the tax liens accrued.”

McMahon said, “This case never should have been brought against Ms. Baker. Judge Barbadoro delivered a strong message to the Government in his order to pay my client’s legal fees.”

The full order can be read here: McMahon NH Attorney Fee Decision 010815-1-1.

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