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IN RE OIL CO., INC.

Nos. 92-CV-1223 (TCP), 92-CV-1526 (TCP).

140 B.R. 30 (1992)

In re OIL CO., INC., d/b/a Eagle Oil, Debtor. In re KAPCO PETROLEUM CORPORATION, Debtor.

United States District Court, E.D. New York.

April 30, 1992.

Attorney(s) appearing for the Case

Peter Sklarew and Andrew D. Plepher, U.S. Dept. of Justice, Tax Div., Washington, D.C., and Patricia Henry, Sp. Asst. U.S. Atty., Brooklyn, N.Y., for plaintiff.

Marvin E. Kramer, Kramer & Fisherman, Brooklyn, N.Y., for debtor Oil Co.

R. Kenneth Barnard, Rosen & Barnard, Huntington, N.Y., for debtor Kapco Petroleum Corp.

AMENDED MEMORANDUM AND ORDER

PLATT, Chief Judge.

This matter involves an alleged "daisy chain" conspiracy designed to avoid federal excise tax on gasoline and the attempts by the Internal Revenue Service and the Department of Justice to secure the tax allegedly so avoided. Two members of this alleged conspiracy, Oil Co. Inc. ("Oil Co.") and Kapco Petroleum Corporation ("Kapco"), have each filed for bankruptcy under Chapter 11. Before the Court is the Internal...

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