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IN RE FREEDOMLAND, INC.

Nos. 427, 804, 805, Dockets 72-1546, 72-1551, 72-1716.

480 F.2d 184 (1973)

In re FREEDOMLAND, INC., Bankrupt.

United States Court of Appeals, Second Circuit.

Decided June 8, 1973.

Attorney(s) appearing for the Case

Howard Karasik, New York City, for appellant Otte, Trustee in Bankruptcy of Freedomland, Inc.

Susan Freiman, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., on the brief), for appellant United States.

Samuel J. Warms, New York City (Norman Redlich, Corp. Counsel for City of New York, New York City, Raymond Herzog, Cedarhurst, N. Y., and Cornelius F. Roche, New York City, of counsel), for appellant New York City.

Before HAYS, MULLIGAN and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This case presents the esoteric, but nevertheless highly practical, issue of how withholding on wages earned before bankruptcy is to be handled in bankruptcy. Involved are both the income tax laws, silent in this regard as to the effect of bankruptcy, and the bankruptcy laws, silent as to the status of moneys withheld and indeed inarticulate as to the category of priority within which withholding taxes on previously earned wages fit. The...

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