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IN RE BARDEN

No. CV 95-239.

205 B.R. 451 (1996)

In re Ruby P. BARDEN, Debtor.

United States District Court, E.D. New York.

April 13, 1996.

Attorney(s) appearing for the Case

Weinberg, Kaley, Gross & Pergmanent by Marc A. Pergament, Anne C. Pollaro, Garden City, NY, for Chapter 7 Trustee.

Zachary W. Carter, United States Attorney, Eastern District of New York by Thomas A. McFarland, Assistant United States Attorney, Tamara H. Lindquist, Trial Attorney, Tax Division, Brooklyn, NY, for U.S.

Dennis C. Vacco, Attorney General of State of New York by Terri Hupart Altamura, Assistant Attorney General, New York City, for N.Y. Commissioner of Taxation and Finance.

Melvyn Jacoby, Medford, NY, for Debtor.

MEMORANDUM DECISION and ORDER

SPATT, District Judge.

In this Chapter 7 bankruptcy case, the Trustee of the bankruptcy estate, Marc A. Pergament, appeals from the December 7, 1994 Order of United States Bankruptcy Judge Francis G. Conrad, which denied the Trustee's motion to use the one-time capital gains tax exclusion on the sale of a residence, pursuant to Internal Revenue Code § 121, for the benefit of the bankruptcy estate and directed the...

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