HUGH H. EBY CO. v. UNITED STATES

No. 71-1200.

456 F.2d 923 (1972)

HUGH H. EBY CO., Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided March 22, 1972.


Attorney(s) appearing for the Case

Harvey N. Shapiro, Mesirov, Gelman, Jaffe & Levin, Philadelphia, Pa. (Frank H. Gelman, Jules Silk, Philadelphia, Pa., on the brief), for appellant.

Karl Schmeidler, Dept. of Justice, Tax Div., Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Crombie J. D. Garrett, Attys., Tax Div., Dept. of Justice, Washington, D. C., Louis C. Bechtle, U. S. Atty., on the brief), for appellee.

Before ADAMS, GIBBONS and JAMES ROSEN, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

In this case, a taxpayer, Hugh H. Eby Co., brought suit for a refund of interest paid on a tax liability accrued during the period when the taxpayer's predecessor was undergoing reorganization pursuant to Chapters X and XI of the Bankruptcy Act.

The taxpayer contends that although its federal tax liability survived the reorganization, interest thereon was suspended during the reorganization period, and therefore...

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