IN RE PACIFIC ATLANTIC TRADING CO.

No. 92-16973.

33 F.3d 1064 (1994)

In re PACIFIC ATLANTIC TRADING CO., Debtor. UNITED STATES of America, Claimant-Appellant, v. Robert F. TOWERS, Trustee-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 18, 1994.


Attorney(s) appearing for the Case

Gary D. Gray, Tax Div., U.S. Dept. of Justice, Washington, DC, for claimant-appellant.

Dennis D. Davis, Goldberg, Stinnett & MacDonald, San Francisco, CA, for trustee-appellee.

Before: WALLACE, Chief Judge, POOLE and CANBY, Circuit Judges.


WALLACE, Chief Judge:

The government appeals from a district court judgment in favor of the bankruptcy trustee and against the Internal Revenue Service (IRS). The government contends that a claim for tax liabilities retains its priority status under 11 U.S.C. § 507(a)(7) and its position in the order of distribution under section 726(a)(1) regardless of when proof of the claim is filed. The district court had jurisdiction pursuant to 28 U.S.C. § 158(a)....

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