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McAULEY v. UNITED STATES

Nos. 74-1354 and 74-1358 to 74-1360.

525 F.2d 1108 (1975)

Frank C. McAULEY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. John A. METZGER and H. A. Waggoner, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Lew Schuek THUEN, a/k/a Saxon Lew, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Clifford E. WARLING, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 5, 1975.

Attorney(s) appearing for the Case

W. V. Clodfelter (argued), Seattle, Wash., for plaintiff-appellant in 74-1354.

Harvey S. Poll (argued), Guttormsen, Scholfield & Stafford, Seattle, Wash., for plaintiffs-appellants in 74-1358, 74-1359, 74-1360.

William A. Friedlander (argued), U.S. Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WRIGHT and CHOY, Circuit Judges, and PLUMMER, District Judge.

OPINION

PLUMMER, District Judge, Sitting by Designation.

Taxpayers were the five partners of an unincorporated partnership doing business as the Sorrento Hotel. After an unsuccessful real property arrangement under Chapter XII of the Bankruptcy Act, the partnership was adjudicated bankrupt on July 14, 1964. On August 18, 1964, plaintiffs filed a "Partnership Petition" requesting that the partnership and the partners be adjudged bankrupt. It was so ordered...

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