EBERLY v. UNITED STATES INTERNAL REVENUE SERVICE

No. 73-129-Orl-P.

406 F.Supp. 1361 (1976)

Earl Wayne EBERLY, Appellant, v. UNITED STATES of America INTERNAL REVENUE SERVICE, Appellee.

United States District Court, M. D. Florida, Orlando Division.

January 20, 1976.


Attorney(s) appearing for the Case

Jack H. Zinkow of Friedman, Britton & Stettin, Orlando, Fla., for bankrupt.

Arthur R. Louv of Young, Turnbull & Linscott, P.A., Orlando, Fla., for trustee, Edward S. Avdoyan.

Marc Albert, General Litigation Section, U. S. Dept. of Justice, Washington, D. C., Kendall Wherry, Asst. U. S. Atty., Orlando, Fla., for appellee.


MEMORANDUM OF DECISION

REED, District Judge.

Earl Wayne Eberly filed a voluntary petition in bankruptcy on 22 March 1973. Under Schedule A-1, he listed as a tax due the United States an item in the amount of $60,000.00. By 23 October 1973, the Internal Revenue Service had not filed a claim in the bankruptcy proceeding. On that date the bankrupt filed a claim on behalf of the government in which the tax debt was described as follows:

"Bankrupt may...

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