United States ex rel. Internal Revenue Serv. v. Austin (In re Austin)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
SANBERG, Bankruptcy Judge.
The Appellant, United States of America, appeals the July 24, 2017, order of the Bankruptcy Court sustaining the Debtors' objection to a proof of claim filed by the Internal Revenue Service. We have jurisdiction over this appeal from the final order of the Bankruptcy Court. See 28 U.S.C. § 158(b).
For the reasons stated below, we reverse.
STANDARD OF REVIEW
The question of whether substantial evidence was presented in support of the objection as a matter of law sufficient to rebut the Internal Revenue Service's ("IRS") proof of claim is reviewed de novo . Fed. R. Bankr.…
2Cases cited18 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
- Diane S. Blodgett v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 2005
- Dove-Nation v. eCast Settlement Corp. (In Re Dove-Nation)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
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