Legal Opinion

In the Matter of I. J. Knight Realty Corp., Bankrupt. Appeal of United States of America

Court of Appeals for the Third Circuit

Decided July 31, 1974No. 73-2008PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge:

Is a “non-operating” trustee of a bankrupt corporation liable for the payment of federal taxes on income generated during the liquidation and distribution of the bankrupt estate? That is the primary question presented on this appeal. 1

I

The facts of the case are undisputed. I. J. Knight Realty Corporation, the bankrupt, owned as its principal asset a building located in Philadelphia. Its sole business was the leasing of space in the building, and the provision of maintenance services to its tenants.

Knight filed a petition for an arrangement under…

2Cases cited10 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Commissioner v. JacobsonSupreme Court of the United States · 1949
  3. Nicholas v. United StatesSupreme Court of the United States · 1966
  4. Palmer v. Webster and Atlas Nat. Bank of BostonSupreme Court of the United States · 1941
  5. In the Matter of Statmaster Corporation, Bankrupt. Larry Gilbert, Trustee, in the Matter of Statmaster Corporation, Bankrupt v. United StatesCourt of Appeals for the Fifth Circuit · 1972

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3Cited by21 opinions

  1. Bethlehem Steel Corporation v. Russell E. Train, Administrator of the Environmental Protection AgencyCourt of Appeals for the Third Circuit · 1976
  2. In Re BardenDistrict Court, E.D. New York · 1996
  3. In Re Samoset AssociatesUnited States Bankruptcy Court, D. Maine · 1981
  4. Ernst v. Iowa Department of Revenue (In Re Hubs Repair Shop, Inc.)United States Bankruptcy Court, N.D. Iowa · 1983
  5. In Re Sapphire Steamship Lines, Inc., Debtor. Internal Revenue Service v. Trustee, Sapphire Steamship Lines, Inc.Court of Appeals for the Second Circuit · 1985

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