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IN RE WEINSTEIN

BAP No. MB 99-071.

251 B.R. 174 (2000)

In re Paul D. WEINSTEIN, Debtor. United States of America, Appellant, v. Jonathan D. Yellin, Trustee, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

July 28, 2000.

Attorney(s) appearing for the Case

Donald K. Stern, Carina J. Campobasso, U.S. Department of Justice, Washington, D.C., for Appellant.

Craig J. Ziady, Riemer & Braunstein, Boston, MA, for Appellee.

Before GOODMAN, HAINES, CARLO, Bankruptcy Judges.

HAINES, Bankruptcy Judge.

This appeal demands we determine the distributional priority of interest on a Chapter 7 estate's post-petition tax liabilities. The bankruptcy judge held that such interest is entitled to fifth priority under § 726(a)(5).1 The United States, Internal Revenue Service, contends that the interest should be treated as a first priority administrative expense under §§ 503(b) and 726(a)(1). For the reasons...

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