Legal Opinion
In Re C-T of Virginia, Inc.
United States Bankruptcy Court, W.D. Virginia
Decided May 3, 1991No. 19-60307PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
WILLIAM E. ANDERSON, Chief Judge.
The issue before the court is whether a tax imposed on C-T of Virginia, Inc., the debtor, pursuant to 26 U.S.C. § 4980 is entitled to priority under section 507 of the Bankruptcy Code. If the obligation is properly categorized as an excise tax or as a pecuniary penalty, it will be entitled to priority status pursuant to 11 U.S.C. § 507(a)(7)(E) or (G) and must be paid in full with interest before the debtor’s unsecured creditors. If it is determined to be a punitive penalty, however, the liability imposed pursuant to section 4980 will not be…
2Cases cited9 opinions
- City of New York v. FeiringSupreme Court of the United States · 1941
- New Neighborhoods, Inc. v. West Virginia Workers' Compensation FundCourt of Appeals for the Fourth Circuit · 1989
- United States v. FeinblattDistrict Court, D. Maryland · 1975
- In Re Joel Kline, Bankrupt. United States of America, Internal Revenue Service v. Eugene M. Fleinblatt, TrusteeCourt of Appeals for the Fourth Circuit · 1977
- Matter of Mansfield Tire & Rubber Co.United States Bankruptcy Court, N.D. Ohio · 1987
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Juvenile Shoe Corporation Of AmericaCourt of Appeals for the Eighth Circuit · 1996
- United States v. Unsecured Creditors' Committee (In Re C-T Virginia, Inc.)District Court, W.D. Virginia · 1991
- United States v. Unsecured Creditors' Committee of C-Tof Virginia, Inc. (In re C-T of Virginia, Inc.)Court of Appeals for the Fourth Circuit · 1992
- United States v. Juvenile Shoe Corp. of AmericaCourt of Appeals for the Eighth Circuit · 1996
- In Re Virginia, IncorporatedCourt of Appeals for the Fourth Circuit · 1992
1 more not listed; retrieve them via the Exa API.