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IN RE NORTON

Civ. A. Nos. 82-0990, 82-0991.

32 B.R. 698 (1982)

In re William H. NORTON, Carrie W. Norton, f/k/a Carrie A. Woodward.

United States District Court, E.D. Pennsylvania.

October 25, 1982.

Attorney(s) appearing for the Case

Judith A. Levinthal, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., Virginia R. Powell, Asst. U.S. Atty., Philadelphia, Pa., for plaintiff.

Mitchell W. Miller, The Bankruptcy Clinic, Philadelphia, Pa., for debtors.

MEMORANDUM AND ORDER

HANNUM, District Judge.

The Internal Revenue Service (IRS) has appealed two orders of the Bankruptcy Court entered on December 4, 1981, which directed that the IRS turn over to the debtors herein $737.97 which represented a portion of a tax refund that had been retained by the IRS on account of the debtors' pre-petition tax liability. The Court below held that the retainage was a setoff in violation of the Bankruptcy Code's "automatic...

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