Joseph F. and Caroline Enos - Page 20

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              In United States v. Whiting Pools, Inc., supra,6 a                      
         bankruptcy case brought under the Bankruptcy Code of 1978                    
         (Bankruptcy Code), the Supreme Court addressed the question of               
         whether the issuance of a notice of levy to a third party                    
         satisfies a taxpayer’s liability.  The Supreme Court stated:                 
                   Under the old Bankruptcy Act, a bankruptcy court’s                 
              summary jurisdiction over a debtor’s property was limited to            
              property in the debtor’s possession when the liquidation was            
              filed.  Phelps v. United States, 421 U.S. 330, 335-336                  
              (1975); Taubel-Scott-Kitzmiller Co. v. Fox, 264 U.S. 426,               
              432-434 (1924).  Phelps, which involved a liquidation                   
              petition under the prior Bankruptcy Act, held that a                    
              bankruptcy court lacked jurisdiction to direct the Service              
              to turn over property which had been levied on and which, at            
              time of the commencement of bankruptcy proceedings, was in              
              the possession of an assignee of the debtor’s creditors.                
                   Phelps does not control this case.  First, the new                 
              Bankruptcy Code abolished the distinction between summary               
              and plenary jurisdiction, thus expanding the jurisdiction of            
              bankruptcy courts beyond the possession limitation.  H.R.               
              Rep. No. 95-595, pp. 48-40 (1977); see Northern Pipeline                
              Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50, 54             
              (1982)(plurality opinion).  Moreover, Phelps was a                      
              liquidation situation, and is inapplicable to reorganization            
              proceedings such as we consider here.  [Id. at 206 n.13.]               



               6The property in issue in United States v. Whiting Pools,              
          Inc., supra, was tangible property.  The property in issue in               
          Phelps v. United States, 421 U.S. 330 (1975), was intangible                
          property.  The Supreme Court granted certiorari in United States            
          v. Whiting Pools, Inc., supra at 202, to resolve a split in the             
          circuits, between United States v. Whiting Pools, Inc., 674 F.2d            
          144 (2d Cir. 1982) (tangible property), and Cross Elec. Co. v.              
          United States, 664 F.2d 1218 (4th Cir. 1981) (intangible                    
          property).  Accordingly, we reject petitioners’ contention that,            
          with respect to the issue under consideration, a distinction                
          should be drawn between tangible property and intangible                    
          property.  See also Meehan v. Wallace, 102 F.3d 1209 (11th Cir.             
          1997); In re Challenge Air Intl., Inc., 952 F.2d 384 (11th Cir.             
          1992).                                                                      




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