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IN RE BOOTH TOW SERVICES, INC.

No. 85-0947-CV-W-6.

53 B.R. 1014 (1985)

In re BOOTH TOW SERVICES, INC., Debtor. UNITED STATES of America, Appellant, v. Robert SPECTOR, Appellee.

United States District Court, W.D. Missouri, W.D.

October 21, 1985.

Attorney(s) appearing for the Case

Michael Quigley, Trial Atty., U.S. Department of Justice, Washington, D.C., for the United States.

Michael Roser, Berman, DeLeve, Kuchan & Chapman, Kansas City, Mo., for appellee.

MEMORANDUM AND ORDER

SACHS, District Judge.

The above-captioned bankruptcy appeal presents an often litigated legal issue that has divided those courts that have considered it — whether a bankruptcy court can determine, in the context of a Chapter 11 reorganization proceeding for a corporate debtor, the liability of an individual officer or employee for withholding and FICA taxes under 26 U.S.C. § 6672. The bankruptcy court below, relying on...

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