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IN RE MORGAN

No. 98-8159.

182 F.3d 775 (1999)

IN RE: Jimmy Roger MORGAN; Jamie Lynne Morgan, Debtors. Jimmy Roger Morgan; Jamie Lynne Morgan, Plaintiffs-Appellants, v. United States of America, by and through the Internal Revenue Service, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 26, 1999.

Attorney(s) appearing for the Case

Robert E. Dunn, K. Edward Safir, James H. Potts, II, Anne Bernstein, Atlanta, GA, for Plaintiffs-Appellants.

Sara S. Holderness, Sarah K. Knutson, Gary D. Gray, Thomas Sawyer, Tax Div., Dept. of Justice, Washington, DC, for Defendant-Appellee.

Before COX, CARNES and HULL, Circuit Judges.

PER CURIAM:

Chapter 13 debtors, Jimmy Roger Morgan and Jamie Lynne Morgan, filed a successive bankruptcy petition in January 1995. They now appeal the district court's order denying their objection to the Internal Revenue Service's claim as a priority claim. The district court held that IRS's claim was a priority claim because the three-year priority period of 11 U.S.C. § 507(a)(8)(A)(i) was tolled during the pendency of the Morgans' first Chapter 13 case. We...

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