Legal Opinion

Nicholas v. United States

Supreme Court of the United States

Decided June 13, 1966No. 650PublishedCited by 246 opinions

1Opinion of the CourtJustice Stewart

The question presented in this case is whether a superseding trustee in bankruptcy is liable for interest and penalties on federal taxes incurred by a debtor in possession during an arrangement proceeding under Chapter XI of the Bankruptcy Act. The facts are not in dispute.

On August 6, 1958, Beachcomber Motel, Inc., a Florida corporation operating a motel in Miami Beach, filed an original petition for an arrangement with its unsecured creditors under Chapter XI. Bankruptcy Act §322, 11 U. S. C. § 722 (1964 ed.). During the pend-ency of the arrangement proceeding, the corporation was permitted…

2Cases cited34 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. Bruning v. United StatesSupreme Court of the United States · 1964
  3. Sexton v. DreyfusSupreme Court of the United States · 1911
  4. City of New York v. SaperSupreme Court of the United States · 1949
  5. Thomas v. Western Car Co.Supreme Court of the United States · 1893

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3Cited by246 opinions

  1. In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
  2. Reading Co. v. BrownSupreme Court of the United States · 1968
  3. United States v. NolandSupreme Court of the United States · 1996
  4. Otte v. United StatesSupreme Court of the United States · 1974
  5. Zurich American Insurance v. International Fibercom, Inc. (In Re International Fibercom, Inc.)Court of Appeals for the Ninth Circuit · 2007

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