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MATTER OF DAVIS

No. 88-2555.

889 F.2d 658 (1989)

In the Matter of Edward Mike DAVIS d/b/a Tiger Oil Company, and Tiger Drilling Company, Inc., Debtors. Rhett G. CAMPBELL, Trustee, Appellee Cross-Appellant, v. UNITED STATES of America, Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

December 8, 1989.

Attorney(s) appearing for the Case

Gary R. Allen, Chief, Linda E. Mosakowski, Henry K. Oncken, U.S. Atty., Joseph A. Pitzinger, III, William S. Rose, Jr., Asst. Atty. Gen., Wynette J. Hewett, Francis M. Allegra, Appellate Section, Tax Div., U.S. Dept. of Justice, Washington, D.C., for appellant cross-appellee.

John R. Knight, Rhett G. Campbell, Houston, Tex., for appellee cross-appellant.

Before GARZA, REAVLEY, and POLITZ, Circuit Judges.

GARZA, Circuit Judge:

On June 24, 1980, the debtors, Edward Mike Davis d/b/a Tiger Oil Company and Tiger Drilling Company, Inc., filed petitions for reorganization under Chapter 11 of the Bankruptcy Code. These petitions were later consolidated. In a notice of deficiency mailed to Edward Mike Davis (Davis) on June 12, 1981, the Commissioner of Internal Revenue asserted deficiencies in income taxes and penalties against the debtors, as follows:

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