Legal Opinion

In the Matter of Statmaster Corporation, Bankrupt. Larry Gilbert, Trustee, in the Matter of Statmaster Corporation, Bankrupt v. United States

Court of Appeals for the Fifth Circuit

Decided August 30, 1972No. 71-3258PublishedCited by 27 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

This appeal presents an important question concerning the interplay between federal bankruptcy law and federal tax law. The court below, 332 F.Supp. 1248, held that a federal bankruptcy court lacks jurisdiction to enter an order discharging the trustee in bankruptcy from all potential federal income tax liability for the period of his administration of the bankrupt estate. We affirm.

I

On May 12, 1967, Statmaster Corporation filed a voluntary bankruptcy petition in the Southern District of Florida. Statmaster was duly adjudicated bankrupt with the appellant herein…

2Cases cited7 opinions

  1. The Jolles Foundation, Inc. v. Donald R. Moysey, Individually and as District Director, Internal Revenue ServiceCourt of Appeals for the Second Circuit · 1957
  2. In Re Inland Gas Corporation, Debtor. In Re Kentucky Fuel Gas Corporation, Debtor. In Re American Fuel & Power Company, DebtorCourt of Appeals for the Sixth Circuit · 1957
  3. In Re LoehrDistrict Court, E.D. Wisconsin · 1950
  4. In the Matter of the Wingreen Company, Debtor. United States of America v. J. H. Brock, as Trustee for the Wingreen CompanyCourt of Appeals for the Fifth Circuit · 1969
  5. In Re Statmaster CorporationDistrict Court, S.D. Florida · 1971

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. In the Matter of John West Gwilliam, Bankrupt. John West Gwilliam v. United StatesCourt of Appeals for the Ninth Circuit · 1975
  2. In the Matter of Jean Barclay Dolard, Bankrupt. William A. McGugin Trustee v. District Director of Internal RevenueCourt of Appeals for the Ninth Circuit · 1975
  3. In Re DurenskyDistrict Court, N.D. Texas · 1974
  4. In the Matter of I. J. Knight Realty Corp., Bankrupt. Appeal of United States of AmericaCourt of Appeals for the Third Circuit · 1974
  5. Pierson v. United StatesDistrict Court, D. Delaware · 1976

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API