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IN RE C-T OF VIRGINIA, INC.

Bankruptcy No. 87-01155.

128 B.R. 628 (1991)

In re C-T OF VIRGINIA, INCORPORATED, fka Craddock-Terry Shoe Corporation f/d/b/a Hill Brothers, Bonafide Shoe Factory Outlet, Massey Shoes, Country Cobbler, Herold's Shoes, The Shoe Room, Comfort Unlimited, and The Perfect Pair, Debtor.

United States Bankruptcy Court, W.D. Virginia, Lynchburg Division.

May 3, 1991.

Attorney(s) appearing for the Case

George H. Fralin, Jr., Fralin, Freeman & Kinnier, Lynchburg, Va., for Unsecured Creditors' Committee.

Joseph Braunstein, Riemer & Braunstein, Boston, Mass., for Creditors' Committee.

Thomas Kennedy, Office of U.S. Trustee, Roanoke, Va.

Gerald A. Role, Trial Attorney, Tax Div., U.S. Dept. of Justice, Washington, D.C.

E. Montgomery Tucker, U.S. Atty., Roanoke, Va.

MEMORANDUM OPINION

WILLIAM E. ANDERSON, Chief Judge.

The issue before the court is whether a tax imposed on C-T of Virginia, Inc., the debtor, pursuant to 26 U.S.C. § 4980 is entitled to priority under section 507 of the Bankruptcy Code. If the obligation is properly categorized as an excise tax or as a pecuniary penalty, it will be entitled to priority status pursuant to 11 U.S.C. § 507(a)(7)(E) or (G) and must be paid in full with interest before...

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