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IN RE BLUTTER

Bankruptcy No. 89B 12313(TLB). Adv. No. 89-6085A.

177 B.R. 209 (1995)

In re Theodore Martin BLUTTER, Debtor. Theodore Martin BLUTTER, Plaintiff, v. UNITED STATES of America, DEPARTMENT OF I.R.S. and New York State Dept. of Taxation, Defendants.

United States Bankruptcy Court, S.D. New York.

February 7, 1995.

Attorney(s) appearing for the Case

Office of Atty. Gen. by Audrey J. Wohlgemuth, Litigation Bureau, State of N.Y., New York City, for defendants.

Salon, Marrow & Dyckman by Richard P. Romeo, New York City, for debtor/plaintiff.

DECISION ON MOTION TO DECLARE TAX OBLIGATION DISCHARGEABLE

TINA L. BROZMAN, Bankruptcy Judge.

At issue is whether a chapter 7 debtor who has failed to notify the New York State Department of Taxation (the "State") of an assessment by the Internal Revenue Service (the "IRS") should have his obligation discharged for the additional state tax due.1

I.

In February...

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