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BRUST v. STURR

No. 374, Docket 23920.

237 F.2d 135 (1956)

Joseph A. BRUST, as Trustee in Bankruptcy of George Sokoloff, individually, and doing business as Concourse Music Company, Plaintiff-Appellee, v. Walter R. STURR, Collector of Internal Revenue for the 14th District of New York, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided September 25, 1956.

Attorney(s) appearing for the Case

Howard Shugerman, New York City, for plaintiff-appellee.

Eliot H. Lumbard, Asst. U. S. Atty., Southern Dist. of New York, New York City (Paul W. Williams, U. S. Atty., New York City, on the brief), for defendant-appellant.

Before CLARK, Chief Judge, and HINCKS and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

This is an action brought by a trustee in bankruptcy against the Collector of Internal Revenue to require him to pay over the surplus of moneys in his hands derived from a sale of distrained property of the bankrupt. The facts have been stipulated and are as follows:

The bankrupt owed $39,627.75 in income, withholding, social security and unemployment taxes, falling within three categories as...

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