IN RE LAMBERT

No. 98-30507.

179 F.3d 281 (1999)

In the Matter of: Laurence Lucius LAMBERT, Debtor. Laurence Lucius Lambert, Appellee-Cross-Appellant, v. Mississippi State Tax Commission, Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 1999.


Attorney(s) appearing for the Case

Robert R. Casey, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Baton Rouge, LA, for Lambert.

Brenda Greer Cameron, Bobby R. Long, Raymond, MS, for Mississippi State Tax Commission.

Before KING, Chief Judge, and REYNALDO G. GARZA and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this case, Lawrence Lucius Lambert, a nonresident of Mississippi, sold Mississippi land he personally owned, along with Mississippi land he owned through an S corporation. Because the sale by the company was structured as an installment sale combined with the dissolution of the company, the company did not recognize any capital gain from the transaction under federal tax laws. In a subsequent bankruptcy proceeding, the Mississippi...

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