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IN RE KANTOR BROS. INC.

91 N.J. Super. 121 (1966)

219 A.2d 341

IN THE MATTER OF THE VOLUNTARY DISSOLUTION OF KANTOR BROTHERS, INC., A CORPORATION OF THE STATE OF NEW JERSEY. ANDREW B. CRUMMY, STATUTORY RECEIVER, ETC., PLAINTIFF-APPELLANT, v. DISTRICT DIRECTOR OF INTERNAL REVENUE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1966.

Attorney(s) appearing for the Case

Mr. Andrew B. Crummy argued the cause for plaintiff-appellant (Messrs. Crummy, Gibbons & O'Neill, attorneys).

Mr. Matthew J. Scola, Assistant United States Attorney, argued the cause for defendant-respondent (Mr. David M. Satz, Jr., United States Attorney; Mr. Joseph F. Kelly, Jr., Assistant United States Attorney, on the brief).

Before Judges CONFORD, KILKENNY and LEONARD.

PER CURIAM.

We conclude that the trial court was correct in denying the statutory receiver's motion to expunge the amended claim of the United States of America for federal income taxes of employees withheld but not paid during the period of September 9, 1960 to March 24, 1961.

The stipulated facts are as follows: On October 5, 1959 Terminal Construction Corporation (Terminal) contracted with the Government to construct a housing project at

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