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IN RE TABITA

Bankruptcy No. 83-02460G, Adv. No. 83-2041G.

38 B.R. 511 (1984)

In re Vincente Martiz TABITA a/k/a Vincente Tabita, Debtor. Vincente Martiz TABITA a/k/a Vincente Tabita, Plaintiff, v. INTERNAL REVENUE SERVICE and Samuel M. Brodsky, Esquire Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 21, 1984.

Attorney(s) appearing for the Case

Mitchell W. Miller, Philadelphia, Pa., for debtor/plaintiff, Vincente Martiz Tabita a/k/a Vincente Tabita.

Edward S.G. Dennis, Jr., U.S. Atty., Virginia R. Powel, Asst. U.S. Atty., Philadelphia, Pa., Gregory S. Hrebiniak, Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant, Internal Revenue Service.

Samuel M. Brodsky, Philadelphia, Pa., Trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue in the case sub judice is whether monies received by the Internal Revenue Service ("the IRS") from the debtor's employer within the ninety (90) day period preceding the filing of the debtor's petition under chapter 7 of the Bankruptcy Code ("the Code"), pursuant to a levy against the debtor's wages made by the IRS outside the ninety day period, constitutes a voidable preference under...

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