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U.S. Supreme Court

Arkansas Corporation Commission v. Thompson, 313 U.S. 132 (1941)

Arkansas Corporation Commission v. Thompson

No. 715

Argued April 4, 1941

Decided April 28, 1941

313 U.S. 132


1. Assumed, without deciding, that § 64(a) of the Bankruptcy Act is applicable in railroad reorganization proceedings under § 77. p. 138.

2. Section 64(a)(4) of the Bankruptcy Act giving priority to "taxes legally due and owing by the bankrupt to . . . any State," and providing "[t]hat, in case any question arises as to the amount or legality of any taxes, such question shall be heard and determined by the [bankruptcy] court," does not empower that court to revise the valuation of a railroad which has been finally fixed, pursuant to the state law, as the basis for a state tax. P. 313 U. S. 142.

So held where the valuation was by a state commission having broad authority in the regulation of railroads and other public utilities and over valuations for tax purposes, in quasi-judicial proceedings in which the reorganization trustee had been fully heard and from the result of which he took no appeal to the state courts, as permitted by state law. New Jersey v. Anderson, 203 U. S. 483, distinguished.

116 F.2d 179 reversed. chanroblesvirtualawlibrary

Page 313 U. S. 133

Certiorari, 312 U.S. 673, to review the affirmance of an order in a railroad reorganization proceeding which overruled a motion by the present petitioners for the dismissal of a petition filed by Thompson, Trustee. His petition alleged that certain state taxes laid on the railroad were excessive and unlawful, and sought to have their validity determined by the bankruptcy court. chanroblesvirtualawlibrary

Page 313 U. S. 137

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