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IN RE FALWELL EXCAVATING CO., INC.

No. 682-00329-L.

40 B.R. 315 (1984)

In re FALWELL EXCAVATING CO., INC., Debtor.

United States Bankruptcy Court, W.D. Virginia, Lynchburg Division.

March 9, 1984.

Attorney(s) appearing for the Case

J. Gorman Rosenberger, Jr., Lynchburg, for debtor.

Sherwood S. Day, Lynchburg, Trustee.

Mark Gellar, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for IRS.

MEMORANDUM OPINION

WILLIAM E. ANDERSON, Bankruptcy Judge.

This case is before the Court upon the Trustee's objection to the Internal Revenue Services' (I.R.S.) unsecured claim for pre-petition penalties and interest. The debtor had its Chapter 11 plan confirmed by the Court on April 25, 1983, and provided for the payment of taxes within eighteen months. The Trustee has filed a memorandum of law in which he argues that the Court should disallow all prepetition...

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