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IN RE DOUGHERTY

Bankruptcy No. 94-17635DAS. Adv. No. 95-0626DAS.

187 B.R. 883 (1995)

In re Thomas J. DOUGHERTY, Helen D. Dougherty, Debtors. Thomas J. DOUGHERTY, Helen D. Dougherty, Plaintiffs, v. INTERNAL REVENUE SERVICE, SPECIAL PROCEDURES DIVISION, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

October 25, 1995.

Attorney(s) appearing for the Case

Bernadette McGinley, Philadelphia, PA, for Plaintiff-Debtors.

Shannon L. Hough, Trial Attorney, Tax Division, U.S. Department of Justice, Washington, DC, for Defendant.

Edward Sparkman, Philadelphia, PA (Standing Chapter 13 Trustee).

Frederic Baker, Asst. U.S. Trustee, Philadelphia, PA.

MEMORANDUM

DAVID A. SCHOLL, Chief Judge.

The facts of the instant matter are straightforward and undisputed. THOMAS J. DOUGHERTY and HELEN D. DOUGHERTY ("the Debtors") filed a joint Chapter 13 bankruptcy case on November 17, 1994. At that time, the Debtors had failed to file federal income tax returns for tax years 1990 and 1991.

During the course of their case, the Debtors mailed their 1990 and 1991 returns to the INTERNAL REVENUE SERVICE...

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