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IN RE GORDON SEL-WAY, INC.

No. 99-2203.

270 F.3d 280 (2001)

In re GORDON SEL-WAY, INC., Debtor. Gordon Sel-Way, Inc., Appellant, v. United States of America, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 26, 2001.

Attorney(s) appearing for the Case

ARGUED: Kevin M. Ball (argued and briefed), Stuart J. Snider (briefed), Robert A. Peurach (briefed), Fitzgerald & Dakmak, Detroit, MI, for Appellant.

Joel L. McElvain (argued and briefed), Bruce R. Ellison (briefed), Thomas P. Cole, United States Department of Justice, Tax Division, Appellate Section, Washington, DC, for Appellee.

Before JONES, BOGGS, and SILER, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

NATHANIEL R. JONES, Circuit Judge.

On December 22, 1993, Chapter 11 debtor, Gordon Sel-Way, Inc. ("Sel-Way") filed a claim for a federal tax refund in bankruptcy court. While the government acknowledged that Sel-Way was entitled to a refund, it refused to pay on the grounds that Sel-Way owed it money for past tax penalties. The bankruptcy court held that the government was not entitled to set off the tax...

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