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IN RE COLEMAN AMERICAN MOVING SERVICES, INC.

Bankruptcy No. 80-40157.

20 B.R. 267 (1981)

In re COLEMAN AMERICAN MOVING SERVICES, INC., A Kansas Corporation, Debtor.

United States Bankruptcy Court, D. Kansas.

October 23, 1981.

Attorney(s) appearing for the Case

James S. Willis, McDowell, Rice & Smith, Kansas City, Kan., for Coleman.

G. Scott Nebergall, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., Jim J. Marquez, U.S. Atty., Mary K. Briscoe, Asst. U.S. Atty., Topeka, Kan., for I.R.S.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 11 proceeding the debtor-in-possession, Coleman American Moving Services, Inc. (Coleman) objects to the priority claim of the Internal Revenue Service (IRS) arguing the IRS cannot have a priority claim on interest arising from an erroneous refund if the tax to which the refund is related has lost its priority status. The IRS argues a claim for interest on the erroneous refund, though...

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