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IN RE PRONTO ENTERPRISES, INC.

Bankruptcy No. 87-03578-SW-7, Adv. No. 91-03030-SW.

141 B.R. 179 (1992)

In re PRONTO ENTERPRISES, INC., Pronto Convenience Stores, Inc., and Central Petroleum Distributors, Inc., Debtors. Norman E. ROUSE, Trustee/Plaintiff, v. UNITED STATES of America, the State of Missouri Department of Revenue, and Ozark Grocer Company, Defendants.

United States Bankruptcy Court, W.D. Missouri.

June 3, 1992.

Attorney(s) appearing for the Case

Norman E. Rouse, pro se.

Robert Milestone, Washington, D.C., for USA/IRS.

Brian Darling, Jefferson City, Mo., for Missouri Dept. of Revenue.

Raymond I. Plaster, Springfield, Mo., for Ozark Grocers.

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

The matter before the Court is a dispute between three creditors over the proceeds generated by the sale of three properties and now held by the Chapter 7 trustee. The issues to be addressed are (1) whether the amount withheld from the purchase price by a purchaser of a debtor's business pursuant to the Missouri successor tax liability statutes constitutes property of the debtor to which a federal...

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