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IN RE CAIN

Bankruptcy No. 90-53532-RBK, Adv. No. 91-5125-RBK.

142 B.R. 785 (1992)

In re GARY L. CAIN, Debtor. Gary L. CAIN, Plaintiff, v. THE UNITED STATES of America, Defendant.

United States Bankruptcy Court, W.D. Texas, San Antonio Division.

June 29, 1992.

Attorney(s) appearing for the Case

A. Ellouise Niblo, Atty., Tax Div., Dept. of Justice, Dallas, Tex., for defendant, the U.S.

Loren W. Peters, San Antonio, Tex., for plaintiff, Gary L. Cain.

OPINION

RONALD B. KING, Bankruptcy Judge.

The question in this case is whether a debtor should be permitted to file an adversary proceeding under section 505 of the Bankruptcy Code to determine income tax liability in a no asset Chapter 7 case. For the reasons stated in this opinion, the Court declines to consider the requested relief, and instead will abstain and dismiss the adversary proceeding.

Gary L. Cain (the "Debtor") filed this Chapter 7...

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