IN RE EDUCATORS INV. CORP.

Bankruptcy No. BK-LV-81-1390, Adv. No. 850031.

59 B.R. 910 (1986)

In re EDUCATORS INVESTMENT CORPORATION, a Nevada corporation; and affiliate National Energy Watch; and affiliate Five Star Corporation, Debtors. Victor C. GENNARI, Plaintiff, v. UNITED STATES DEPARTMENT OF TREASURY, Internal Revenue Service, Defendants.

United States Bankruptcy Court, D. Nevada.

April 24, 1986.


Attorney(s) appearing for the Case

Bruce M. Judd, Las Vegas, Nev., for plaintiff.

Michael P. Haney, U.S. Dept. of Justice, Washington, D.C., Trial Atty., Tax Div., for defendants.


MEMORANDUM DECISION

ROBERT CLIVE JONES, Chief Judge.

This adversary proceeding was commenced by Plaintiff Victor C. Gennari to enjoin the United States Department of Treasury and Internal Revenue Service ("United States") from collecting a penalty assessed pursuant to 26 U.S.C. § 6672 ("Internal Revenue Code" or "IRC"). The plaintiff also seeks return of amounts collected by setoff to satisfy the assessed penalty...

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