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U.S. v. Weathers

Partial Dismissal of Suit Seeking Value of Half-Interest in Property for Taxes Explained

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DECISION AND ORDER I. INTRODUCTION In this fraudulent-conveyance action, the United States of America (“the government”) seeks a money judgment against Suzanne J. Weathers equal to the value of Pierre Broquedis’s interest in real property located at 77 Nottingham Terrace in Buffalo, New York, as of the date of the alleged fraudulent conveyance. Now pending is Weathers’s motion to dismiss the complaint pursuant to Rules 12 (b)(1) and (6) of the Federal Rules of Civil Procedure.1 (Docket No. 8.) For the reasons set forth below, Weathers’s motion is granted in part and denied in part. II. BACKGROUND This Court assumes the truth of the following factual allegations contained in the complaint. See Hosp. Bldg. Co. v. Trs. of Rex Hosp., 425 U.S. 738, 740, 96 S. Ct. 1848, 48 L. Ed. 2d 338 (1976); see also Hamilton Chapter of Alpha Delta Phi, Inc. v. Hamilton Coll., 128 F.3d 59, 63 (2d Cir. 1997). A. Pierre Broquedis’s Tax-related Liabilities Pierre Broquedis, now deceased, had a longtime personal relationship with Weathers. See Complaint, Docket No. 1,

37, 38, 55 (a), 68 (a). Broquedis incurred tax-related liabilities over the years that the government seeks to partially collect by recovering the value of his interest in 77 Nottingham Terrace, a residence he shared with Weathers. Id.

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