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IN RE ALLIED MECHANICAL SERVICES, INC.

No. 88-8769.

885 F.2d 837 (1989)

In re ALLIED MECHANICAL SERVICES, INC., Debtor. UNITED STATES of America, Plaintiff-Appellant, v. David W. CRANSHAW, Trustee, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 10, 1989.

Attorney(s) appearing for the Case

Gary R. Allen, Chief, William S. Rose, Jr., Wynette J. Hewett, Linda E. Mosakowski, Asst. Attys. Gen., Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Andrea M. Madigan, Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, Ga., for Allied Mechanical.

Before KRAVITCH, JOHNSON and ANDERSON, Circuit Judges.

KRAVITCH, Circuit Judge:

The government appeals from a decision of the bankruptcy court, affirmed by the district court, holding that interest accrued on tax liabilities incurred while the debtor was operating under Chapter 11 is not entitled to administrative expense priority when the case is converted to a Chapter 7 liquidation. We reverse.

I.

Debtor Allied Mechanical Services, Inc., filed a voluntary petition for reorganization

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