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IN RE AIRMOTIVE SUPPLIERS, INC.

No. 74-1305.

519 F.2d 1102 (1975)

In the Matter of AIRMOTIVE SUPPLIERS, INC., Bankrupt. UNITED STATES of America, Appellant, v. Jeanette TAVORMINA, Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 1975.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Henry C. Stockell, Jr., Asst. Reg. Counsel, IRS, Miami, Fla., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Chief, Appellate Sec., Crombie J. D. Garrett, Karl Schmeidler, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellant.

Herbert Stettin, Miami, Fla., for appellee.

Levenson & Richman, Miami, Fla., for Ecuatoriana.

Gunn & Venney, Miami, Fla., for Airmotive.

Before RIVES, WISDOM and COLEMAN, Circuit Judges.

RIVES, Circuit Judge:

The trustee in bankruptcy filed in the bankruptcy court his petition for a determination as to the validity of any claim by the Internal Revenue Service for prepetition penalties and post-petition penalties against the bankrupt [App. 7]. After a hearing, the Referee or Bankruptcy Judge "ORDERED, ADJUDGED and DECREED . . . that the Government has no lien on or claim to the notes and proceeds for any...

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