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IN RE DEITZ

Civ. A. No. 89-M-1800, Bankruptcy No. 89-B-1885-E.

116 B.R. 792 (1990)

In re Paul T. DEITZ, Debtor. UNITED STATES of America, Appellant, v. Paul T. DEITZ, Appellee.

United States District Court, D. Colorado.

May 10, 1990.

Attorney(s) appearing for the Case

William G. Pharo, Asst. U.S. Atty., Mark S. Heroux, Sp. Asst. U.S. Atty., Denver, Colo., Justin L. Garrett, II, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for appellant.

John A. Cimino, John A. Cimino, P.C., Denver, Colo., for appellee.

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

The government appeals from an order, 106 B.R. 236, confirming a Chapter 13 Plan over the objection that the plan did not provide for payment of a proof of claim filed by the Internal Revenue Service as a priority claim. The bankruptcy judge apparently concluded that the claim was not entitled to priority because it claimed taxes which were not assessed within 240 days of...

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