Grant Investments Fund V. Internal Revenue Service

Plaintiff-Appellant Grant Investments Fund ("GIF" or the "Fund") appeals from the judgment in favor of the United States in this wrongful levy action brought pursuant to 26 U.S.C. § 7426. GIF makes the following contentions in this appeal: One, the United States did not offer sufficient evidence to support a finding that Towe used GIF to perpetrate fraud; Two, the district court's finding that GIF was the alter ego of Towe was clearly erroneous; Three, the United States' seizure of GIF's property constituted a taking without compensation in violation of the Fifth Amendment; Four, the United States' seizure of GIF's property the silver dollars violated due process because GIF was not given a hearing before the seizure of GIF's property. We affirm because we conclude that the district court's finding that GIF was the alter ego of Towe was not clearly erroneous. We also hold that the United States did not have to show fraud, and that GIF was not entitled to a pre-seizure hearing.