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IN RE BENNY'S LEASING, INC.

Civ. A. No. 94-58.

189 B.R. 350 (1995)

In re BENNY'S LEASING, INC., Debtor. Richard W. ROEDER, Movant, v. INTERNAL REVENUE SERVICE, Respondent.

United States District Court, W.D. Pennsylvania.

October 26, 1995.

Attorney(s) appearing for the Case

Tamera Ochs Rothchild and Richard W. Roder, Titusville, PA, for Movant.

Angelo A. Frattarelli, Trial Attorney, Tax Division, U.S. Dept. of Justice, Washington, D.C., and Mary M. Hougton, Asst. U.S. Atty., Western District of Pa., Pittsburgh, PA, for Respondent.

OPINION

DIAMOND, District Judge.

Presently before the court is a motion for reconsideration filed by the Internal Revenue Service ("IRS") contesting the reasoning set forth in an opinion issued by this court on June 23, 1995. The opinion affirmed the bankruptcy court's ruling that sustained the trustee's objection to untimely claims filed by the IRS. The IRS initially argued that it did not receive adequate notice. Both the bankruptcy court and this...

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