Legal Opinion
In Re Schultz Broadway Inn, Ltd.
United States Bankruptcy Court, W.D. Missouri
Decided August 8, 1988No. 19-50011PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
FRANK W. KOGER, Bankruptcy Judge.
The only issue unresolved by the parties to these very complex issues of personal holding company taxes, deficiency dividends, negligence penalties, and the priority or standing thereof, is whether the 5% “negligence penalty” assessed by the Internal Revenue Service under 26 U.S.C. § 6653 should be paid pro rata along with other general unsecured claims or whether it should be subordinated as to said claims for payment. Debtor’s plan is for a liquidating Chapter 11 after sale of debtor’s motel. All of the claims for taxes, interest and…
2Cases cited7 opinions
- International Telephone and Telegraph Corporation v. General Telephone & Electronics Corporation and Hawaiian Telephone CompanyCourt of Appeals for the Ninth Circuit · 1975
- Simonson v. GranquistSupreme Court of the United States · 1962
- Matter of ColinUnited States Bankruptcy Court, S.D. New York · 1984
- Matter of Mansfield Tire & Rubber Co.United States Bankruptcy Court, N.D. Ohio · 1987
- James S. Abrams and Marguerite Abrams v. United StatesCourt of Appeals for the Second Circuit · 1971
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Texas American Oil Corporation v. United States Department of EnergyCourt of Appeals for the Federal Circuit · 1995
- In Re Burden, Wilfred, H., A/K/A Burden, Wilfred, H., Jr., T/a Burden's Janitorial Service & Supply Company v. The United States of AmericaCourt of Appeals for the Third Circuit · 1990
- In Re BurdenDistrict Court, E.D. Pennsylvania · 1989
- Texas American Oil Corporation v. United States Department of EnergyCourt of Appeals for the Federal Circuit · 1994
- In Re Burden, Wilfred, H., A/K/A Burden, Wilfred, H., Jr., T/a Burden's Janitorial Service & Supply Company v. The United States of AmericaCourt of Appeals for the Third Circuit · 1990
1 more not listed; retrieve them via the Exa API.