Legal Opinion

Sandoz v. Louisiana, Department of Revenue & Taxation (In re Oilfield Instruments)

District Court, W.D. Louisiana

Decided July 23, 1985No. Bankruptcy No. 483-01088-LO-7; Adv. No. 484-0174PublishedCited by 2 opinions

1Opinion of the Court

Findings and Conclusions

RODNEY BERNARD, Jr., Bankruptcy Judge.

Facts

The facts of this case are not in dispute; they have been concisely and accurately set out in the brief submitted by the state, which is borrowed verbatim below for the purpose of introduction:

“On or about July 9, 1984 an authorized representative of the Louisiana Department of Revenue and Taxation, (Department; Department of Revenue), informed the Trustee, W. Simmons Sandoz, that sales tax is due and owing on the liquidation sale of a bankrupt debtor’s property at a public auction.

On July 25,1984 the public auction of the…

2Cases cited24 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Graves v. New York Ex Rel. O'KeefeSupreme Court of the United States · 1939
  3. United States v. New MexicoSupreme Court of the United States · 1982
  4. Phillips Chemical Co. v. Dumas Independent School DistrictSupreme Court of the United States · 1960
  5. United States v. County of FresnoSupreme Court of the United States · 1977

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3Cited by2 opinions

  1. Maher Terminals, Inc. v. Director, Div. of TaxationNew Jersey Superior Court Appellate Division · 1986
  2. Hoffman v. R & E Builders, Inc. (In Re Woodland Builders, Inc.)United States Bankruptcy Court, D. Connecticut · 1988

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