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MATTER OF EAST WIND INDUSTRIES, INC.

Civ. No. 86-807.

61 B.R. 408 (1986)

Matter of EAST WIND INDUSTRIES, INC., a Delaware corporation; Clayton-East Wind, Inc., a Delaware corporation; Khem-Cote of East Wind, Inc., a New Jersey corporation; Chem-Pro of East Wind, Inc., a New Jersey corporation; and The East Wind Group, Inc., a New Jersey corporation, Debtors. EAST WIND INDUSTRIES, INC., a Delaware corporation; Clayton-East Wind, Inc., a Delaware corporation; Khem-Cote of East Wind, Inc., a New Jersey corporation; Chem-Pro of East Wind, Inc., a New Jersey corporation; and The East Wind Group, Inc., a New Jersey corporation, Plaintiffs-Appellees, v. UNITED STATES of America, DEPARTMENT OF the TREASURY, INTERNAL REVENUE SERVICE, Defendant-Appellants.

United States District Court, D. New Jersey.

May 8, 1986.

Attorney(s) appearing for the Case

Jo Doig, Princeton Junction, N.J., and Howard Philip Newman, Langhorne, Pa., for plaintiffs-appellees.

David S. Grossman, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

COWEN, District Judge.

FACTS AND PROCEDURAL HISTORY

Five related corporations, collectively referred to as "East Wind," filed petitions in bankruptcy on August 1, 1984. One of the parties to file a claim in the Bankruptcy Court was the United States. In March, 1985, the IRS notified 5 individuals of proposed assessments against them as the responsible officers or employees of the debtor corporations pursuant to 26 U.S.C. § 6672. Apparently, East Wind...

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