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IN RE HAAS

No. 97-6823.

162 F.3d 1087 (1998)

In Re: Thomas Milton HAAS, Bernice Elizabeth Haas, Debtors. UNITED STATES of America, Plaintiff-Appellant, v. Thomas Milton HAAS and Bernice Elizabeth HAAS, a.k.a. Betsy M. Haas, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 14, 1998.

Attorney(s) appearing for the Case

Edward T. Perelmuter, Gary D. Gray, Pamela C. Berry, U.S. Dept. of Justice, Washington, DC, for Plaintiff-Appellant.

Lawrence B. Voit, Thomas G.F. Landry, Silver, Voit & Thompson, Mobile, AL, for Defendants-Appellees.

Before EDMONDSON and BIRCH, Circuit Judges, and MORAN, Senior District Judge.

MORAN, Senior District Judge:

The Internal Revenue Service attacks a bankruptcy plan of reorganization. The issue is one of characterization. The IRS contends that the plan impermissibly reclassifies the status of tax obligations and that the plan is, in any event, not feasible and not proposed in good faith. The appellees claim that the plan permissibly allocates priority of payments and is also feasible and in good faith. Because we agree that the plan impermissibly...

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