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U.S. v. WILSON

No. 91-1615.

974 F.2d 514 (1992)

UNITED STATES of America; Internal Revenue Service, Plaintiffs-Appellees, v. Edwin Paul WILSON, Defendant-Appellant, and John W. Guinee, Jr., Trustee-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1992.

As Amended October 29, 1992.

Attorney(s) appearing for the Case

Paul Peter Vangellow, Falls Church, Va., argued, for defendant-appellant.

Lawrence Allen Katz, Tucker, Flyer & Lewis, P.C., Washington, D.C., argued for trustee appellee Guinee.

Robert William Metzler, Tax Div., U.S. Dept. of Justice, Washington, D.C., argued (James A. Bruton, Acting Asst. Atty. Gen., Gary R. Allen, Gary D. Gray, Tax Div., U.S. Dept. of Justice, Washington, D.C., Richard Cullen, U.S. Atty., Alexandria, Va., on brief), for plaintiff-appellee U.S.

Before MURNAGHAN, SPROUSE, and NIEMEYER, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

We are presented with the question of whether a bankruptcy court has jurisdiction to resolve the tax liability of a debtor in bankruptcy, when the same issue is pending before the United States Tax Court and the automatic stay against the tax court's proceeding has been lifted.

Objecting to a settlement agreement resolving the debtor's tax liability, which was reached by the IRS and trustee in bankruptcy and approved...

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