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IN RE D'AIUTO

Bankruptcy No. 82-01437, Adv. No. 84-0108.

48 B.R. 451 (1985)

In re Prosper F. D'AIUTO, Debtor. Stephen D. GERLING, Trustee, Plaintiff, v. UNITED STATES of America (INTERNAL REVENUE SERVICE), State of New York (Department of Taxation & Finance) and Prosper F. D'Aiuto, Defendants.

United States Bankruptcy Court, N.D. New York.

March 22, 1985.

Attorney(s) appearing for the Case

Stephen D. Gerling, Utica, N.Y., Trustee.

Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., William H. Pease, Asst. U.S. Atty., Syracuse, N.Y., David M. Wise, Trial Atty., Tax Div., for defendants.

MEMORANDUM-DECISION AND ORDER

LEON J. MARKETOS, Bankruptcy Judge.

On July 16, 1982, the Debtor sold his restaurant business to one William F. Bartell by a letter agreement, whereby the consideration for the sale was the assumption by Bartell of all of the debts of the restaurant and his agreement to:

"pay upon demand, any and all amounts owing by me for sales taxes and federal and state withholding taxes...

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