Legal Opinion

United States ex rel. Internal Revenue Serv. v. Austin (In re Austin)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided April 9, 2018No. 17–6024PublishedCited by 2 opinions

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

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  4. Diane S. Blodgett v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 2005
  5. Dove-Nation v. eCast Settlement Corp. (In Re Dove-Nation)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004

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3Cited by2 opinions

  1. Reger v. Essex BankUnited States Bankruptcy Court, E.D. California · 2021
  2. Travis Lee Parson and Casey Ann ParsonUnited States Bankruptcy Court, E.D. Missouri · 2025

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