IN RE OLSON

No. C 89-4078.

121 B.R. 346 (1990)

In re Stanley N. OLSON and Margaret M. Olson, Debtors. Edward F. SAMORE, Trustee, Plaintiff-Appellee, v. Stanley N. OLSON, Margaret M. Olson, Winther, Stave and Company, Merlyn Winther, Defendants-Appellants, and Internal Revenue Service and Iowa Department of Revenue and Finance, Defendants-Appellees.

United States District Court, N.D. Iowa, W.D.

June 27, 1990.


Attorney(s) appearing for the Case

Christopher A. Bjornstad, Spencer, Iowa, for Olsons, Winther Co. and Winther.

George Madsen & Calvin Moss, Sioux City, Iowa, for Edward F. Samore.

Edward F. Samore, Sioux City, Iowa, Trustee.

A. Frank Baron, Sioux City, Iowa, amicus curiae.

Karen Osbore, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for IRS.

Barbara E.B. Galloway, Des Moines, Iowa, for Iowa Dept. of Revenue and Finance.


ORDER

DONALD E. O'BRIEN, Chief Judge.

This bankruptcy appeal is before the court on the merits of the appeal. The parties have presented the court with a single issue: whether a trustee's abandonment of property is an event taxable to the bankruptcy estate, or to the debtors individually. The trustee, the Internal Revenue Service, and Iowa Department of Revenue and Finance have argued that the event is taxable to the debtors. The debtors, of course, seek...

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