In re Fidelity Tube Corp.

I would reverse the judgment of the District Court.

Stripped down to its essence the majority’s holding is that a trustee in bankruptcy does not have the status of a “judgment creditor” by virtue of the provisions of Section 70, sub. c of the Bankruptcy Act as amended in 1952.1 While the majority does not say so in so many words, that it is the core of its holding that a trustee in bankruptcy is not a “judgment creditor” within the meaning of Section 3672 of the Internal Revenue Code of 1939.

In my view there just cannot be two varieties of a “judgment creditor” under separate federal statutes…