Compass Marine Services, Inc. v. United States, Department of the Treasury, Internal Revenue Service (In Re Compass Marine Services, Inc.)

MEMORANDUM OPINION

JERRY A. BROWN, Bankruptcy Judge.

This proceeding comes before the court on the complaint of Compass Marine Services, Inc. (“Compass”) seeking a judgment ordering the United States of America, Department of the Treasury, Internal Revenue Service (“United States” or “IRS”) to reallocate tax payments to the trust fund portion of taxes paid by Compass. The parties agreed to submit the case for a decision on stipulated facts and briefs. The court finds in favor of Compass because the reallocation of tax payments is necessary for the success of Compass’s plan of reorganization.

I.Fi…