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IN RE FLO-LIZER, INC.

Civ. No. C-2-93-1204. Bankruptcy No. 2-86-01685.

164 B.R. 749 (1994)

In re FLO-LIZER, INC., Debtor. UNITED STATES of America, Appellant, v. FLO-LIZER, INC., Appellee.

United States District Court, S.D. Ohio, E.D.

February 7, 1994.

Attorney(s) appearing for the Case

Alec Wightman, Baker & Hostetler, Donald E. Calhoun, Judge, U.S. Bankruptcy Court, Brenda L. Dodrill, U.S. Attorney's Office, Columbus, OH, and Henry J. Riordan, U.S. Dept. of Justice, Tax Div., Washington, DC, for U.S.

Elden James Hopple, Schottenstein, Zox & Dunn, and Richard Todd Ricketts, Ricketts & Onda, Columbus, OH, for Flo-Lizer, Inc.

OPINION AND ORDER

GEORGE C. SMITH, District Judge.

This bankruptcy appeal presents the issue whether the bankruptcy court has the authority to order the Internal Revenue Service (IRS), an administrative expense claimant to apply the Chapter 11 debtor's first payment to the trust fund portion of the debtor's tax liability. The bankruptcy court below held that it had such authority. 164 B.R. 79. The Court agrees with...

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