IN RE COOL FUEL, INC.

No. 98-56092.

210 F.3d 999 (2000)

In re COOL FUEL, INCORPORATED, Debtor. Cool Fuel, Incorporated, a California corporation, Appellant, v. Board of Equalization of the State of California, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2000


Attorney(s) appearing for the Case

James M. Harris, Thomas P. Hanrahan and Thomas E. Patterson, Sidley & Austin, Los Angeles, California, for the appellant.

Anthony Sgherzi, Joseph M. O'Heron, Deputy Attorneys General, Los Angeles, California, for the appellee.

Before: RYMER, FERNANDEZ and FISHER, Circuit Judges.


FISHER, Circuit Judge:

Cool Fuel appeals the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") decision that a claim for unpaid Use Fuel taxes filed by the California State Board of Equalization ("the Board") in Cool Fuel's bankruptcy proceeding was not barred by the three-year statute of limitations provided in California Revenue and Taxation Code ("R & TC") § 8971. It argues alternatively that if the Board's claim is not barred by § 8971, it is not...

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