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IN RE VITALIANO

BAP No. EC-94-1543-JRC. Bankruptcy No. 91-22404-B-7.

178 B.R. 205 (1995)

In re Anthony Stanley VITALIANO, Debtor. Anthony Stanley VITALIANO, Appellant, v. STATE OF CALIFORNIA, FRANCHISE TAX BOARD, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 9, 1995.

Attorney(s) appearing for the Case

Pamela C. Jackson, Vacaville, CA, for appellant.

Robert D. Milam, Sacramento, CA, for appellee.

Before: JONES, RUSSELL, and CARLSON, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

The debtor appeals an order finding a tax debt to be nondischargeable pursuant to § 11 U.S.C. 523(a)(1)(A).

I. FACTS

In December, 1989, the Internal Revenue Service (IRS) audited Appellant Anthony Vitaliano's tax returns for the years 1983 through 1987, assessing a deficiency for each year. Rather than suffer the expense of fighting the IRS, Vitaliano agreed to sign a Notice of Deficiency Waiver...

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