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IN RE BROOKMART

No. 53083.

338 F.Supp. 901 (1972)

In the Matter of BROOKMART, a California corporation, Bankrupt.

United States District Court, C. D. California.

March 16, 1972.

Attorney(s) appearing for the Case

William D. Keller, U. S. Atty., Charles H. Magnuson, Asst. U. S. Atty., Chief, Tax Division, Los Angeles, Cal., for petitioner, United States of America.

Marvin Neben, Anaheim, Cal., for trustee, petitioner on review.

Herman Sillas, Jr., Los Angeles, Cal., for assignee, respondent on review.

MEMORANDUM AND ORDER

WESTOVER, District Judge.

Late in the month of January, 1969 Brookmart issued checks totaling $2,721.39 in favor of the Internal Revenue Service for payment of withholding and FICA taxes for the fourth quarter of 1968, plus FUTA taxes for the calendar year 1968.

On February 5, 1969 Brookmart made a general assignment for the benefit of creditors. Immediately the Assignee closed the Brookmart bank account, withdrawing from the...

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