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IN RE LUSTER

Bankruptcy Nos. 92 C 225, 78 B 9574.

138 B.R. 875 (1992)

In re Melvin R. LUSTER, Debtor. UNITED STATES of America, for the use of the INTERNAL REVENUE SERVICE, Appellant-Cross Appellee, v. Dennis E. QUAID, not individually, but as Trustee for the Estate of Melvin R. Luster, Appellee-Cross Appellant.

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

April 2, 1992.

Attorney(s) appearing for the Case

Joel Nathan, Asst. U.S. Atty., N.D. Ill., Benjamin R. Norris, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for the U.S.

Dennis E. Quaid, trustee.

Michael J. Keaton, Fagel & Haber, Chicago, Ill. 60603, for appellee-cross appellant.

MEMORANDUM OPINION

KOCORAS, District Judge:

This is an appeal by the Internal Revenue Service from a decision of the Bankruptcy Court for the Northern District of Illinois to grant the trustee's motion for summary judgment. The trustee has filed a cross-appeal. For the reasons set forth below, we will only entertain the Internal Revenue Service's appeal. In doing so, we reverse the bankruptcy court's decision.

BACKGROUND

On December 6,...

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