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MARCALUS MANUFACTURING CO. v. UNITED STATES

No. 203-57.

169 F.Supp. 821 (1959)

MARCALUS MANUFACTURING CO., Inc. v. UNITED STATES.

United States Court of Claims.

January 14, 1959.

Attorney(s) appearing for the Case

Richard W. Wilson, New York City, for plaintiff.

Robert Livingston, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., were on the brief.

JONES, Chief Judge.

The primary issue presented here is whether interest may be collected on unpaid Federal income taxes subsequent to the date a petition is filed for reorganization under chapter X of the Bankruptcy Act,1 when the taxpayer was solvent during and at the time of termination of the reorganization, and at all times its assets exceeded its liabilities.

The essential facts are contained in the stipulation signed by...

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