IN RE SHANK

No. 85-4042.

792 F.2d 829 (1986)

In re Darrel V. SHANK, Debtor. Darrel V. SHANK, Plaintiff-Appellee, v. WASHINGTON STATE DEPARTMENT OF REVENUE, EXCISE TAX DIVISION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1986.


Attorney(s) appearing for the Case

Kary L. Krismer, Bruce T. Thurston, Woodley & Thurston, Kirkland, Wash., for plaintiff-appellee.

James R. Tuttle, Asst. Atty. Gen., Olympia, Wash., for defendant-appellant.

Before WRIGHT, TANG and REINHARDT, Circuit Judges.


TANG, Circuit Judge:

The Washington Department of Revenue appeals from the judgment of the district court that debtor's sales tax liability is an excise tax for purposes of the Code and is dischargeable in bankruptcy. The narrow issue on appeal is whether liability for a sales tax, required by state law to be collected by sellers from their customers, is governed by the "trust fund" tax or "excise" tax provisions of the Bankruptcy Code. We reverse.

The Code...

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