IN RE GREENSTEIN

Bankruptcy No. 88 B 9246, Adv. No. 88 A 0571.

95 B.R. 583 (1989)

In re Jerald and Lenore GREENSTEIN, Debtors. Jerald and Lenore GREENSTEIN, Plaintiffs, v. ILLINOIS DEPARTMENT OF REVENUE, Defendant.

United States Bankruptcy Court, N.D. Illinois, E.D.

January 24, 1989.


Attorney(s) appearing for the Case

James E. Newbold, Asst. Atty. Gen., Revenue Litigation Div., Chicago, Ill., for Dept. of Revenue.

Abraham Brustein, Patricia J. Cullinan, Burke and Smith, Chtd., Chicago, Ill., for plaintiffs.


MEMORANDUM OPINION

RONALD S. BARLIANT, Bankruptcy Judge.

The Debtors' complaint asks for a declaratory judgment determining the dischargeability under Section 523(a)(1) of the Bankruptcy Code of a debt for taxes due the Illinois Department of Revenue. The dispositive issue is whether Section 523(a)(1) excepts from discharge taxes reported on an amended tax return filed (1) after the last due date for that amended return and (2) within two years before...

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