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IN RE KOKOSZKA

No. 496, Docket 72-1972.

479 F.2d 990 (1973)

In the Matter of Henry A. KOKOSZKA et al., Bankrupts, Petitioners.

United States Court of Appeals, Second Circuit.

Decided May 18, 1973.

Attorney(s) appearing for the Case

Stuart Bear, New Haven, Conn. (William H. Clendenen, Jr., David M. Lesser, Joanne Faulkner, and Frank Dineen, New Haven, Conn., on the brief), for appellants.

Richard Belford, New Haven, Conn., on the brief, for appellee Trustee in Bankruptcy.

Before KAUFMAN, ANDERSON and MANSFIELD, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

The three appellants herein each filed separate individual voluntary petitions in bankruptcy, all of which raise the issue of whether or not, and to what extent, an income tax refund passes to the trustee in bankruptcy as property of the estate. In each case the petitioner had claimed the maximum number of deductions to which he was entitled on his tax withholding statement and in each case...

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