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<br />. <br />. <br /> 1 <br /> 2 <br /> 3 <br /> <br /> <br />~~ <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />taxes that they put into the land is the first place. <br />TEE COIIRT: Couldn't Congress have said thst in the <br />lsgialatioa, if it riahed to characterise -- <br />lQt. tiTl1ELER: Tour Eoaor, I anppose they eon].d <br />have. I hate to -- I alrays hate to oasmaat oa chat Congress <br />could oz ooulda't have dose. ant I think -- I ithiak it: mould <br />be unfair to •ay that Coagres• ras sot scars of the,~j:v of <br />liew York Deci^ioa rhea it mote the statats. I think <br />Congress could have bsaa scare because it didn't call <br />•omethiag a tex didn't assn it vas sot as excise tax. <br />That'• all I have, lour 8onor. <br />TEE COIIRT: Counsel, just let x isolate a a~uple <br />of issues. Tou've sot indicated in Tonr oral argument any <br />assertion now that these claiss have •scnrsd •tatns either by <br />the 1lmerican Bond or by any other -- <br />1Qt. ST)1ELER: llo, Tour 8oaor. Me rithdrew~ thhat in <br />our answer. Aad, again, as counsel for the Debtor bra <br />sspresented, w rithdraw that -- moll, aaeusiaq that r+e have <br />sot already rithdrara that is oar aasvar, w have aa~t any <br />longer raised it is this ease. •~ haw ao loagar a claim <br />that say of these assesa~eata are siecazad in say fashion. <br />TSE COIIRTs Either by the bond oz by ~istc+e of any <br />lien that say have arises against the Debtors' aast:a? <br />lDt. BTJ-ELERs Certainly w claim's sight t:o Apo <br />after the bonding company, bat that could be indepsc+de:nt of <br />