MATTER OF AMERICAN BIOMATERIALS CORP.

No. 90-5721.

954 F.2d 919 (1992)

In the Matter of AMERICAN BIOMATERIALS CORPORATION, a Virginia Corporation, Debtor. In the Matter of HELITREX CORPORATION, a New Jersey Corporation, Debtor. In the Matter of CREATIVE CARE SYSTEMS, INC., a New Jersey Corporation, Debtor, United States of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 23, 1992.


Attorney(s) appearing for the Case

Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen, Kenneth L. Greene, David A. Hubbert (argued), Tax Div., Dept. of Justice, Washington, D.C. (Michael Chertoff, U.S. Atty., D.N.J., of counsel), for appellant.

Alan L. Augulis (argued), Nola R. Bencze, Jamieson, Moore, Peskin & Spicer, Princeton, N.J., for appellee.

Before BECKER and HUTCHINSON, Circuit Judges, and SMITH, District Judge.


OPINION OF THE COURT

D. BROOKS SMITH, District Judge.

The government appeals an order of the United States District Court for the District of New Jersey affirming a bankruptcy court order denying the government statutory penalties for appellee American Biomaterials Corporation's (American's) failure to file timely tax returns and pay federal taxes duly owed. The bankruptcy court had jurisdiction of this matter under 28 U.S.C. § 157(b); the district...

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