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U.S. v. BENSON

No. 86-1180-CV-W-9.

88 B.R. 210 (1988)

UNITED STATES of America, Appellant, v. Herbert D. BENSON, Appellee.

United States District Court, W.D. Missouri, W.D.

July 5, 1988.

Attorney(s) appearing for the Case

Dysart, Taylor, Penner & Lay, Alex Lewandowski, Kansas City, Mo., for appellee.

David Detar Newbert, Asst. U.S. Atty., Kansas City, Mo., Tom Carlucci, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for appellant.

James R. Schurman, Kansas City, Mo., for trustee.

ORDER REVERSING DECISION OF THE BANKRUPTCY COURT AND REMANDING CASE TO BANKRUPTCY COURT

BARTLETT, District Judge.

The United States appeals from the bankruptcy court's orders of June 23, and September 12, 1986, holding that the Internal Revenue Service (IRS) may not collect post-petition interest on nondischargeable pre-petition tax claims when the principal amount of the claims has been fully paid from the debtor's bankruptcy estate.

Bankruptcy Rule...

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