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IN RE KLINE

No. 76-1310.

547 F.2d 823 (1977)

In re Joel KLINE, Bankrupt. UNITED STATES of America, Internal Revenue Service, Appellant, v. Eugene M. FLEINBLATT, trustee, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 1977.

Attorney(s) appearing for the Case

Arthur L. Bailey, Atty., Tax Div., Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Karl Schmeidler, Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief), for appellant.

Julian I. Jacobs, Baltimore, Md. (Lawrence D. Coppel, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, Md., on brief), for appellee.

Before CRAVEN, RUSSELL and HALL, Circuit Judges.

PER CURIAM:

Having carefully studied the scholarly opinion of Judge Thomsen from the critical viewpoint of the government — expressed in briefs and oral argument — we are unable to fault it or improve upon it, and adopt it as our own. 403 F.Supp. 974 (D.Md.1975). The judgment below will be

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