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JOHNSON v. UNITED STATES

No. 29307.

429 F.2d 579 (1970)

In the Matter of Kenneth Edward JOHNSON, Sr., and Essie W. Johnson, Bankrupts, Steve M. Watkins, Trustee, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 1970.

Attorney(s) appearing for the Case

Steve M. Watkins, pro se.

Truett & Watkins, Tallahassee, Fla., for appellant.

Clinton Ashmore, Asst. U. S. Atty., Tallahassee, Fla., Johnnie M. Walters, Asst. Atty Gen., Lee A. Jackson, George W. Shaffer, Crombie J. D. Garrett, Attys., Tax Division, Dept. of Justice, Washington, D. C., William H. Stafford Jr., U. S. Atty., Tallahassee, Fla., for appellee.

Before JONES, WISDOM and COLEMAN, Circuit Judges.

PER CURIAM:

Kenneth Edward Johnson, Sr. and Essie W. Johnson, husband and wife, filed a petition in bankruptcy. Steve M. Watkins is the Trustee in bankruptcy and the appellant here. The Johnsons had not filed income tax returns for 1966 and 1967. The Internal Revenue Service filed a claim in the bankruptcy for taxes and asserted priority. Subsequent to the time for filing claims, the Internal Revenue Service filed an amended claim. The Referee allowed the original...

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