Klein-Exel v. Smart

EVANS, Circuit Judge.

The single question presented by this appeal may be stated thus: Does section 3468, Revised Statutes, 31 U.S.C.A. § 193, give to the assignee of a surety which has discharged its liability to the United States under a bond to secure payment of a Federal income tax, a status of priority against the estate of the bankrupt taxpayer, in the same class as claims of the United States for taxes for other years, — all as covered by subsection (6) of section 64b ?

The answer to the query is to be found in the decision, United States v. National Surety Company, 254 U.S. 73, 41 S.Ct.…