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IN RE LEHAL REALTY ASSOCIATES

Bankruptcy No. 89 B 20078, Adv. No. 6092.

133 B.R. 9 (1991)

In re LEHAL REALTY ASSOCIATES, Debtor. John F. SCHEFFEL, as Trustee of Lehal Realty Associates, Plaintiff, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, Defendants.

United States Bankruptcy Court, S.D. New York.

October 23, 1991.

Attorney(s) appearing for the Case

Bigham, Englar Jones & Houston, New York City, for debtor.

Robert Abrams, Atty. Gen., New York City, for New York State Dept. of Taxation and Finance.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The Chapter 11 trustee of the debtor, Lehal Realty Associates, has commenced an adversary proceeding against the New York State Department of Taxation and Finance ("the State") on the theory that the debtor's transfer and sale of its real property is exempt under 11 U.S.C. § 1146(c) from a ten percent tax imposed by Article 31-B, § 1441 et seq. of the New York tax law ("Gains Tax"). The State has denied that...

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