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IN RE JOHNSON

No. 88-4079.

901 F.2d 513 (1990)

In re Walter JOHNSON dba Johnson Star Route, Debtor. UNITED STATES of America, Plaintiff-Appellant, v. Richard B. GINLEY, Trustee, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 24, 1990.

Attorney(s) appearing for the Case

John P. McGinnis, Bedford Heights, Ohio, for debtor.

William J. Kopp, Office of the U.S. Atty., Cleveland, Ohio, Gary R. Allen, Acting Chief, William S. Rose, Murray S. Horwitz (argued), Gary D. Gray, Susan M. Poswistilo, and James I. Knapp, U.S. Dept. of Justice, Appellate Section Tax Div., Washington, D.C., for plaintiff-appellant.

Stephen D. Hobt (argued), Strachan, Green, Miller, Olender & Hobt, Cleveland, Ohio, for defendant-appellee.

Before JONES and GUY, Circuit Judges, and ENGEL, Senior Circuit Judge.

ENGEL, Senior Circuit Judge.

The United States Internal Revenue Service (IRS) appeals a September 12, 1988 ruling by the United States District Court for the Northern District of Ohio, which affirmed the bankruptcy court's decision to disallow a portion of the IRS's claim against the Debtor's estate for payment of federal taxes. The district court concluded that the IRS's claim for administrative expenses incurred in a Chapter 11 proceeding prior to the conversion...

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