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IN RE BRICKLEY

Bankruptcy No. 85-03373, Adv. No. A84-0742.

70 B.R. 113 (1986)

In re David L. BRICKLEY and Nikki I. Brickley, Debtors. David L. BRICKLEY, Plaintiff/Appellant, v. UNITED STATES of America, INTERNAL REVENUE SERVICE, Defendant/Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided December 17, 1986.

Attorney(s) appearing for the Case

Alan K. Foe, Mullavey, Prout, Grenley, Sonkin & Foe, Seattle, Wash., for plaintiff/appellant.

Michael D. Powell, Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant/appellee.

Before MEYERS, ELLIOTT and ASHLAND, Bankruptcy Judges.

PER CURIAM:

I

The Debtors appeal from a ruling that their liability for 1979 and 1980 income taxes is not discharged.

Paraphrasing 11 U.S.C. § 523(a)(1)(A), a debtor who has filed non-fraudulent tax returns may discharge tax liabilities except for amounts due within three years prior to the date of filing. In this case the Debtors were in a Chapter 13 case for almost three years before dismissing the...

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