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MATTER OF KOCHELL

Bankruptcy No. MM7-82-00560.

53 B.R. 250 (1985)

In the Matter of Richard L. KOCHELL, Debtor.

United States Bankruptcy Court, W.D. Wisconsin.

August 26, 1985.

Attorney(s) appearing for the Case

Thomas J. Basting, Brennan, Steil, Ryan, Basting & MacDougall, S.C., Janesville, Wis., for debtor.

Timothy A. Nettesheim and William J. Rameker, Murphy & Desmond, S.C., Madison, Wis., for trustee.

Cheryl E. Sullivan, Supervisor, Clearance Unit, State of Wis., Dept. of Revenue, Madison, Wis., Beth Sabbath, Trial Atty., Tax Div., Washington, D.C., for I.R.S.

MEMORANDUM DECISION AND ORDER

ROBERT D. MARTIN, Bankruptcy Judge.

The trustee has filed a motion for determination of tax liability, asking the court to determine whether the estate was liable for additional taxes under Internal Revenue Code ("IRC") sections 408(f) and 72(m)(5) (26 U.S.C. §§ 408(f), 72(m)(5)). A hearing was held before the court on March 11, 1985 with the United States opposing the trustee's motion. The court established a briefing...

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