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IN RE ARMSTRONG

No. 98-10814.

206 F.3d 465 (2000)

In the Matter of: Billy G. ARMSTRONG, Debtor. United States of America, Appellant, v. William T. Neary, Appellee.

United States Court of Appeals, Fifth Circuit.

March 8, 2000.

Attorney(s) appearing for the Case

Teresa T. Milton, David I. Pincus (argued), U.S. Dept. of Justice, Tax Division, Washington, DC, for Appellant.

William M. Boyd, Bobbi Sue Ruhlander (argued), Boyd & Veigel, McKinney, TX, for Appellee.

Before POLITZ, DeMOSS and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

The United States of America, on behalf of the Internal Revenue Service [IRS], appeals from the district court's affirmation of a bankruptcy decision granting the trustee of debtor's estate a refund of taxes. At issue in this case is which statute controls when the statute of limitations for filing a tax refund claim, contained in the Internal Revenue Code, and the turnover provision for Chapter 7 bankruptcy appear to be in conflict. On the...

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