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IN RE MASSONI

Bankruptcy No. 80-40308, Adv. No. 80-0146.

20 B.R. 416 (1982)

In re Jack Richard MASSONI, Mary Jane Massoni, Debtors. Jack Richard MASSONI and Mary Jane Massoni, Plaintiffs, v. DISTRICT DIRECTOR OF INTERNAL REVENUE SERVICE and Jerold E. Berger, Trustee, Defendants.

United States Bankruptcy Court, D. Kansas.

May 24, 1982.

Attorney(s) appearing for the Case

G. Scott Nebergall, Trial Atty., Tax Division, Dept. of Justice, Washington, D.C., for The Internal Revenue Service (IRS).

Chester A. Arterburn, Jr., of Sabatini, Waggener, Vincent, Arterburn & Hannah, Topeka, Kan., for debtors.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

The parties have both filed summary judgment motions on the issues of dischargeability under 11 U.S.C. §§ 507(a)(6), 523(a)(1) and computation of the Minimum Tax under 26 U.S.C. §§ 56-58, 172(d), 1202. The parties agree these issues involve undisputed facts and questions of law.

The issues presented for determination are:

1. Is the instant tax debt excepted from...

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