Earle

Phoenix Indemnity Co. v. Earle

Good Law
218 F.2d 645
United States Court of Appeals for the Ninth CircuitJanuary 14, 1955No. 13755California2,106 words

Opinion

Lead Opinion

Bone, J.

Alan Siewert, a self-employed contractor, was adjudicated a bankrupt by the lower court on July 7-, 1951, and on the same day the proceeding was referred to a referee in bankruptcy. On August 4, 1951, the Collector of Internal Revenue for the District of Oregon filed a claim of the United States asserting a tax against the bankrupt and his assets in the hands of the trustee with the Referee in Bankruptcy, this claim being for $12,-770.28. Later, two supplemental claims for taxes due were filed with the Referee, one on January 17, 1952 and the other on June 21, 1952. These two subsequent claims totaled $684.20.

Phoenix filed petitions with the Referee on April 18, 1952, and on August 4, 1952, asserting claims against the as *647 sets in the hands of the Referee. The allowance of all of these claims was opposed by the United States.

Upon hearing and under date of November 22, 1952, the Referee entered his findings, opinion and order holding that the sum of $11,838.61 received from the Bonneville Power Administration, herein Bonneville, came into the hands of the trustee impressed with certain tax liens (later noted) of the United States, and that this sum (less costs and expenses…

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