Legal Opinion
In re A. E. Fountain, Inc.
District Court, S.D. New York
Decided February 20, 1924PublishedCited by 7 opinions
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
Three questions are raised: (1) The order of priority of payment as between federal and state taxes; (2) the priority as between taxes and the actual necessary cost of preserving the estate and the cost of administration; (3) the priority of wage claims over tax claims.
The referee held that the taxes of the United States and the state of New York should be prorated and paid pari passu, and that neither were entitled to priority as against wage claims. He also held that the cost of preserving the estate and of administration was entitled to priority over taxes.…
2Cases cited9 opinions
- Guarantee Title & Trust Co. v. Title Guaranty & Surety Co.Supreme Court of the United States · 1912
- City of Richmond v. BirdSupreme Court of the United States · 1919
- New Jersey v. LovellCourt of Appeals for the Third Circuit · 1910
- In re J. Menist & Co.Court of Appeals for the Second Circuit · 1923
- In re Ajax Dress Co.Court of Appeals for the Second Circuit · 1923
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3Cited by7 opinions
- City of New York v. SaperSupreme Court of the United States · 1949
- Missouri v. RossSupreme Court of the United States · 1936
- In Re Ever Krisp Food Products Co.Michigan Supreme Court · 1943
- Sloan & Zook Co. v. Lyons Refining Co.Supreme Court of Pennsylvania · 1927
- In re L. E. Elliott Brokerage Co.District Court, D. Kansas · 1942
2 more not listed; retrieve them via the Exa API.