B-129420, AUG. 17, 1960
Highlights
TO BLUE BANNER LAUNDRY AND CLEANERS: REFERENCE IS MADE TO YOUR ATTORNEY'S LETTER OF JUNE 30. TRANSMITTED WITH THE LETTER WAS A CERTIFIED COPY OF AN ORDER OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DATED JUNE 30. TO HAVE NO INTEREST IN THE SUM OF $1. THERE WERE TRANSMITTED ALSO MR. THE AMOUNT IN QUESTION WAS SET OFF IN SEPTEMBER 1958 AGAINST THE TAX INDEBTEDNESS OF WASHINGTON LAUNDRY. THE INFORMATION REFERRED TO IN THAT LETTER INDICATES THAT THE SETOFF WAS PROPER. EXECUTED MORE THAN FIVE YEARS AFTER THE CLAIM AROSE AND APPROXIMATELY 21 MONTHS AFTER THE SETOFF WAS MADE. IT IS UNDERSTOOD THAT IF YOUR CLAIM WERE ALLOWED YOU WOULD BE LIABLE FOR TAXES PERTAINING TO THE PERIOD INVOLVED.
B-129420, AUG. 17, 1960
TO BLUE BANNER LAUNDRY AND CLEANERS:
REFERENCE IS MADE TO YOUR ATTORNEY'S LETTER OF JUNE 30, 1960, RELATIVE TO YOUR CLAIM IN THE AMOUNT OF $1,913.03 FOR LAUNDRY AND DRY CLEANING SERVICES FURNISHED TO ANDREWS AIR FORCE BASE, WASHINGTON, D.C., FOR THE PERIOD FROM NOVEMBER 1, 1955, THROUGH APRIL 30, 1956, UNDER CONTRACT NO. AF 49/608/-430. TRANSMITTED WITH THE LETTER WAS A CERTIFIED COPY OF AN ORDER OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DATED JUNE 30, 1960, DECLARING WASHINGTON LAUNDRY, INC., BANKRUPT, TO HAVE NO INTEREST IN THE SUM OF $1,912.03 (OR $1,912.13) CLAIMED BY YOU UNDER CONTRACT NO. AF 49/608-403 (APPARENTLY INTENDED TO BE NO. AF 49/608/-430) AND DIRECTING THE TRUSTEE IN BANKRUPTCY TO WITHDRAW HIS CLAIM FOR SUCH AMOUNT. THERE WERE TRANSMITTED ALSO MR. SAMUEL BURKA'S AFFIDAVIT IN SUPPORT OF YOUR CLAIM AND HIS POWER OF ATTORNEY AUTHORIZING LEONARD B. SUSSHOLZ TO ACT AS YOUR ATTORNEY IN THE MATTER.
IN A LETTER TO THIS OFFICE DATED JULY 11, 1960, LEE W. COWAN, TRUSTEE IN BANKRUPTCY OF WASHINGTON LAUNDRY, INC., PURSUANT TO THE REFERRED-TO COURT ORDER WITHDREW HIS CLAIM AND THE CLAIM OF WASHINGTON LAUNDRY, INC., TO THE REFERRED-TO SUM OF $1,912.13.
YOUR LETTER OF JUNE 30, 1960, AND OUR LETTER OF THE SAME DATE TO YOU CROSSED IN THE MAIL. AS STATED IN OUR LETTER OF JUNE 30, 1960, THE AMOUNT IN QUESTION WAS SET OFF IN SEPTEMBER 1958 AGAINST THE TAX INDEBTEDNESS OF WASHINGTON LAUNDRY, INC., AND NO AMOUNT REMAINS UNPAID UNDER THE CONTRACT. THE INFORMATION REFERRED TO IN THAT LETTER INDICATES THAT THE SETOFF WAS PROPER, NOTWITHSTANDING THE BELATED COURT ORDER AND WITHDRAWAL OF THE CLAIM OF WASHINGTON LAUNDRY, INC., EXECUTED MORE THAN FIVE YEARS AFTER THE CLAIM AROSE AND APPROXIMATELY 21 MONTHS AFTER THE SETOFF WAS MADE.
FURTHERMORE, IT IS UNDERSTOOD THAT IF YOUR CLAIM WERE ALLOWED YOU WOULD BE LIABLE FOR TAXES PERTAINING TO THE PERIOD INVOLVED.
FOR THE REASONS ABOVE SET OUT, THERE APPEARS NO FURTHER ACTION WHICH PROPERLY MAY BE TAKEN BY YOUR OFFICE IN THE MATTER.