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IN RE WINGFIELD

Bankruptcy No. 81 M 1379.

16 B.R. 570 (1981)

In re Charles Barry WINGFIELD, a/k/a C. Barry Wingfield, a/k/a Barry Wingfield, Debtor. Charles Barry WINGFIELD, a/k/a C. Barry Wingfield, a/k/a Barry Wingfield, Plaintiff, v. UNITED STATES of America, Internal Revenue Service, Defendant.

United States Bankruptcy Court, D. Colorado.

October 7, 1981.

Attorney(s) appearing for the Case

Joseph H. Hellewell and Michael Minton, Greeley, Colo., for plaintiff.

Angelo I. Castelli, Washington, D.C., and Jimmye S. Warren, Denver, Colo., for defendant.

MEMORANDUM OPINION

JOHN P. MOORE, Bankruptcy Judge.

THIS MATTER arises out of a complaint filed by a Chapter 13 debtor, Dr. C. Barry Wingfield, to void a penalty assessed against him pursuant to 26 U.S.C. § 6672. The penalty was assessed, and a counterclaim filed in this case, upon the theory that Dr. Wingfield was a person responsible to collect, account for, and pay over trust fund taxes of Ag Consultants, Inc., a corporation of which Dr. Wingfield...

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