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NICHOLAS v. UNITED STATES

No. 650.

384 U.S. 678 (1966)

86 S.Ct. 1674

16 L.Ed.2d 853

NICHOLAS, TRUSTEE v. UNITED STATES.

Supreme Court of United States.

Decided June 13, 1966.

Attorney(s) appearing for the Case

John H. Gunn argued the cause and filed briefs for petitioner.

C. Moxley Featherston argued the cause for the United States. On the brief were Solicitor General Marshall, Assistant Attorney General Rogovin, Robert S. Rifkind and I. Henry Kutz.

Harry S. Gleick filed a brief for Jerome Kalishman, as amicus curiae, urging reversal.

MR. JUSTICE STEWART delivered the opinion of the Court.

The question presented in this case is whether a superseding trustee in bankruptcy is liable for interest and penalties on federal taxes incurred by a debtor in possession during an arrangement proceeding under Chapter XI of the Bankruptcy Act. The facts are not in dispute.

On August 6, 1958, Beachcomber Motel, Inc., a Florida corporation operating a motel in Miami Beach, filed an original petition for...

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