Legal Opinion

In Re Freedomland, Inc., Bankrupt

Court of Appeals for the Second Circuit

Decided June 8, 1973No. 427, 804, 805, Dockets 72-1546, 72-1551, 72-1716PublishedCited by 15 opinions

1Opinion of the Court

OAKES, Circuit Judge:

This ease presents the esoteric, but nevertheless highly practical, issue of how withholding on wages earned before bankruptcy is to be handled in bankruptcy. Involved are both the income tax laws, silent in this regard as to the effect of bankruptcy, and the bankruptcy laws, silent as to the status of moneys withheld and indeed inarticulate as to the category of priority within which withholding taxes on previously earned wages fit. The problems presented in winding a tortuous path between two inexact sets of statutes in these two different areas of law as to…

2Cases cited25 opinions

  1. Welch v. HenrySupreme Court of the United States · 1938
  2. Milliken v. United StatesSupreme Court of the United States · 1931
  3. Nicholas v. United StatesSupreme Court of the United States · 1966
  4. Lynch v. HornbySupreme Court of the United States · 1918
  5. Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940

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3Cited by15 opinions

  1. In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
  2. Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
  3. Otte v. United StatesSupreme Court of the United States · 1974
  4. In Re RH MacY & Co., Inc.United States Bankruptcy Court, S.D. New York · 1994
  5. Estate of Kennett v. StateSupreme Court of New Hampshire · 1975

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