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IN RE HERBIE K'S, INC.

Bankruptcy No. 584-00202-A, Adv. No. 585-0068.

57 B.R. 468 (1985)

In re HERBIE K'S, INC., Debtor. HERBIE K'S, INC., Plaintiff, v. INTERNAL REVENUE SERVICE STATE OF LOUISIANA, Through OFFICE OF EMPLOYMENT SECURITY, Defendants.

United States Bankruptcy Court, W.D. Louisiana, Alexandria Division.

December 18, 1985.

Attorney(s) appearing for the Case

H. Gregory Walker, Jr., Timble, Percy, Smith, Wilson, Foote, Walker & Honeycutt, Alexandria, La., for debtor.

Joseph S. Cage, Jr., U.S. Atty., Leven H. Harris, Asst. U.S. Atty., Paul E. Pelletier, Tax Div., Dept. of Justice, for I.R.S.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LEROY SMALLENBERGER, Bankruptcy Judge.

Herbie K's, Inc., filed a Chapter 11 petition in bankruptcy, on March 16, 1984. Prior to this, the corporation had failed to pay over to the Internal Revenue Service (IRS) taxes withheld from its employee's wages. As a result, the IRS has issued a final notice dated July 31, 1985 advising John H. Smith, Marshall J. Paige and Vickie Smith Paige that a 100% penalty had been assessed...

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