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IN RE GURNEY

BAP No. AZ-95-1165-PaRH. Bankruptcy No. 92-03663-PCT-RGM.

192 B.R. 529 (1996)

In re Brenda J. GURNEY, fka Brenda J. Norris, Debtor. Brenda J. GURNEY, fka Brenda J. Norris, Appellant, v. STATE OF ARIZONA DEPARTMENT OF REVENUE, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 25, 1996.

Attorney(s) appearing for the Case

David Allegrucci, Mesa, AZ, for appellant.

Tracy S. Essig, Phoenix, AZ, J. Murray Zeigler, Phoenix, AZ, for appellee.

Before: PAPPAS, RUSSELL, and HAGAN, Bankruptcy Judges.

OPINION

PAPPAS, Bankruptcy Judge:

Brenda J. Gurney ("Appellant"), appeals from an order of the bankruptcy court determining that the State of Arizona Department of Revenue ("Appellee") holds, in part, an allowed priority tax claim. The essential facts are not in dispute and the question posed in this appeal is purely an issue of law.

I. FACTS

Appellant has filed four bankruptcy cases. Appellant filed her first Chapter 13

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