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IN RE STODUT

Bankruptcy No. 93-B-22318 (JJC). Adv. No. 94-5003A.

181 B.R. 751 (1995)

In re Anthony T. and Neiza STODUT, Debtors. Anthony T. and Neiza STODUT, Plaintiffs, v. The INTERNAL REVENUE SERVICE and The New York State Department of Taxation and Finance, Defendants.

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

May 2, 1995.

Attorney(s) appearing for the Case

Kurtzman Haspel & Stein by Joseph Haspel, Spring Valley, NY, for Stoduts.

U.S. Atty. for S.D.N.Y. by Marianne O'Toole, New York City, for I.R.S.

Atty. Gen. for State of New York1 by Terri Altamura and David Cook, New York City, for New York State Dept. of Taxation and Finance.

DECISION ON INTERNAL REVENUE SERVICE'S MOTION FOR ABSTENTION OR, ALTERNATIVELY, SUMMARY JUDGMENT

JOHN J. CONNELLY, Bankruptcy Judge, Sitting by Special Designation.

The Internal Revenue Service ("IRS") asks me to abstain from hearing this adversary proceeding commenced by Chapter 7 debtors, Anthony and Neiza Stodut to determine their continuing federal tax liability for the years 1985 and 1986. Alternatively, the IRS moves for summary judgment...

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