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IN RE FRANK MEADOR BUICK, INC.

Bankruptcy No. 7-80-00436-HPR, Civ. A. No. 88-0349-R.

123 B.R. 213 (1989)

In re FRANK MEADOR BUICK, INC., Debtor. INTERNAL REVENUE SERVICE, Appellant, v. FRANK MEADOR BUICK, INC., Appellee.

United States District Court, W.D. Virginia, Roanoke Division.

March 16, 1989.

Attorney(s) appearing for the Case

Jean B. Weld, Asst. U.S. Atty., Roanoke, Va., Delores Dillman, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

David A. Furrow, Greer, Greer & Furrow, Rocky Mount, Va., for defendant.

MEMORANDUM OPINION

JAMES C. TURK, Chief Judge.

The government appeals a ruling of the Bankruptcy Court for the Western District of Virginia by which that court directed how the Internal Revenue Service should allocate payments a Chapter 7 trustee was to make to the Service. The court finds the Bankruptcy Court's decision to be inconsistent with the developing case law and must reverse that court's ruling.

The debtor filed a Chapter 11 bankruptcy...

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