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CONNECTICUT PERFORMING ARTS FOUNDATION v. BROWN

No. 299, Docket 85-5009.

801 F.2d 566 (1986)

CONNECTICUT PERFORMING ARTS FOUNDATION, INC., Plaintiff-Appellant, v. Hon. George F. BROWN, Tax Commissioner of the State of Connecticut, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 5, 1986.

Attorney(s) appearing for the Case

Robert M. Wechsler, Stamford, Conn. (Michael Jon Barbarula, of counsel), for plaintiff-appellant.

Richard Greenberg, Asst. Atty. Gen. of State of Conn., Hartford, Conn. (Joseph I. Lieberman, Atty. Gen. for State of Conn., of counsel), for defendant-appellee.

Before FRIENDLY, KAUFMAN, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This action began in 1975 when plaintiff, the Connecticut Performing Arts Foundation ("CPAF"), sued in the Connecticut Court of Common Pleas to appeal the defendant tax commissioner's revocation of its exemption from the state's admissions tax. In November 1981, shortly after filing a bankruptcy petition under Chapter 11 of the Bankruptcy Code, CPAF removed the action to the bankruptcy court, which held that the commissioner had improperly...

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