Legal Opinion
Tradex, Inc. v. United States (In Re IML Freight, Inc.)
United States Bankruptcy Court, D. Utah
Decided August 22, 1986No. 16-25332PublishedCited by 27 opinions
1Opinion of the Court
GLEN E. CLARK, Bankruptcy Judge.
CASE SUMMARY
In this case the Court is called upon to determine whether or not, under the facts set out below, the United States may set off a $103,404.58 tax penalty against its prepetition obligation to the debtor. For the reasons set forth herein this Court concludes that setoff is proper.
PRELIMINARY FACTS AND PROCE-. DURAL BACKGROUND
On December 23, 1983, Tradex, Inc. (“Tradex”) commenced this civil proceeding against the United States seeking, on behalf of Tradex and IML Freight, Inc., Interstate Rental of Utah, Inc., and IML Properties, Inc. (collectively…
2Cases cited18 opinions
- United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
- Gratiot v. United StatesSupreme Court of the United States · 1841
- Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bankr. L. Rep. P 73,372 in Re Nathan Davidovich and Amy Jill Davidovich, Debtors. Nathan Davidovich and Christine Jobin, Trustee v. Charles WeltonCourt of Appeals for the Tenth Circuit · 1990
- Blanton v. Prudential-Bache Securities, Inc. (In Re Blanton)United States Bankruptcy Court, E.D. Virginia · 1989
- Brooks Farms v. United States Department of Agriculture (In Re Brooks Farms)United States Bankruptcy Court, E.D. Wisconsin · 1987
- Professional Technical Services, Inc. v. Internal Revenue Service (In Re Professional Technical Services, Inc.)United States Bankruptcy Court, E.D. Missouri · 1987
- Styler v. Jean Bob Inc. (In Re Concept Clubs, Inc.)District Court, D. Utah · 1993
22 more not listed; retrieve them via the Exa API.