United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________

No. 98-1225EM _____________

In re: Balsam Corporation, * * Debtor, * ____________________ * * United States of America, * * Claimant-Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Missouri. Balsam Corporation; * * [UNPUBLISHED] Debtor-Appellee, * * Procedo International Gesellschaft Fur * Exportfactoring MBH, * * Claimant-Appellee. * _____________

Submitted: September 24, 1998 Filed: September 30, 1998 _____________

Before McMILLIAN, HEANEY, and FAGG, Circuit Judges. _____________

PER CURIAM. The Government appeals following the district court's affirmance of the bankruptcy court's denial of the Internal Revenue Service's effort to reclaim a refund for a deferred tax loss as an administrative expense. Having reviewed the record and the parties' submissions, we believe the district court's decision was correct and we affirm for the reasons stated in the district court's memorandum and order without further discussion. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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