U.S. v. NOLAND

No. 95-323.

517 U.S. 535 (1996)

UNITED STATES v. NOLAND, trustee for debtor FIRST TRUCK LINES, INC.

Supreme Court of United States.

Decided May 13, 1996.


Attorney(s) appearing for the Case

Kent L. Jones argued the cause for the United States. With him on the briefs were Solicitor General Days, Assistant Attorney General Argrett, Deputy Solicitor General Wallace, Gary D. Gray, and Edward T. Perelmuter.

Raymond J. Pikna, Jr., argued the cause for respondent. With him on the brief were Thomas R. Noland and Gregory P. Garner.


JUSTICE SOUTER delivered the opinion of the Court.

The issue in this case is the scope of a bankruptcy court's power of equitable subordination under 11 U. S. C. § 510(c). Here, in the absence of any finding of inequitable conduct on the part of the Government, the Bankruptcy Court subordinated the Government's claim for a postpetition, noncompensatory tax penalty, which would normally receive first priority in bankruptcy as an "administrative expense," §...

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