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IN RE SOUTHEAST STORES, INC.

Bankruptcy No. 88-02022-RT.

156 B.R. 160 (1993)

In re SOUTHEAST STORES, INC., Chapter 7 Debtor. SOUTHEAST STORES, INC., Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

March 9, 1993.

Attorney(s) appearing for the Case

John F. Ames, Hubard, Samuels, & Ames, P.C., Richmond, VA, Chapter 7 Trustee.

Deborah Stanley, Sp. Asst. U.S. Atty., Richard Cullen, U.S. Atty., E.D.Va., Richmond, VA, James J. Wilkinson, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for I.R.S.

Gregg R. Nivala, Richmond, VA, Asst. U.S. Trustee.

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

The case is before the court on motion of the chapter 7 trustee requesting an award of attorneys fees and costs against the Internal Revenue Service ("IRS") pursuant to 26 U.S.C. § 7430(a). The amount sought is $6,293.01. As his basis the trustee alleges IRS was "not substantially justified" in filing a proof of claim in the case in the amount of $202...

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