MATTER OF PIERCE

No. 90-1923.

935 F.2d 709 (1991)

In the Matter of Richard A. PIERCE, Debtor. STATE OF TEXAS and the Texas State Employment Commission, Appellants, v. Richard A. PIERCE, Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 1991.


Attorney(s) appearing for the Case

John Mark Stern, Mark Browning, Asst. Attys. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for appellants.

Sean F. Creegan, Deputy Chief Counsel for Employment Sec., Dept. of Labor & Indus., Harrisburg, Pa., for amici curiae Com. of Pa., et al.

Joe Scott, Sr. Asst. Atty. Gen., Casper, Wyo., for amicus curiae Wyoming Dept. of Employment.

Gary Allen, Chief, Gary D. Gray, Kenneth W. Rosenberg, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., for amicus curiae U.S.

W. Hollis Webb, Jr., Kevin L. Williams, Baker, Clifford, Krier & Webb, Lubbock, Tex., for appellee.

Before THORNBERRY, JONES, and WIENER, Circuit Judges.


THORNBERRY, Circuit Judge:

The bankruptcy court concluded that unemployment taxes which the debtor owed to the Texas Employment Commission (TEC) were not entitled to priority under section 507(a)(7)(D) of the Bankruptcy Code because the debtor paid the wages on which the taxes were based more than ninety days before filing for bankruptcy. The TEC appealed that decision to the district court, arguing that unemployment taxes are not dischargeable if the return was due...

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