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FREEMAN v. MAYER

No. 12346.

253 F.2d 295 (1958)

Louis FREEMAN, Trustee in Bankruptcy of Brokol Manufacturing Company v. Joseph F. J. MAYER, District Director of Internal Revenue for the District of New Jersey, Appellant.

United States Court of Appeals Third Circuit.

Decided March 10, 1958.

Attorney(s) appearing for the Case

Elmer Kelsey, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Louise Foster, Attys., Dept. of Justice, Washington, D. C., Chester A. Weidenburner, U. S. Atty., Newark, N. J., Nelson Gross, Asst. U. S. Atty., Hackensack, N. J., on the brief), for appellant.

A. Robert Rothbard, Newark, N. J. (Bergman & Rothbard, Newark, N. J., on the brief), for trustee.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This dispute between a trustee in bankruptcy and a Collector of Internal Revenue concerns the status and disposition of property of Brokol Manufacturing Company, presently a bankrupt, which the Collector reduced to possession and wishes to retain for delinquent federal taxes. The trustee, on the other hand, has asserted that the property in question is subject to administration in bankruptcy where the tax lien, though recognized, must yield...

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