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IN RE ACME MUSIC CO., INC.

Bankruptcy No. 93-23514-MBM, Adversary No. 94-2296.

208 B.R. 838 (1997)

In re ACME MUSIC COMPANY, INC., Debtor. ACME MUSIC COMPANY, INC., Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

May 27, 1997.

Attorney(s) appearing for the Case

William C. Kaczynski, Pittsburgh, PA, James A. Prostko, Phillips & Galanter, P.C., Pittsburgh, PA, and Dixon R. Rich, Jr., Rich, Fluke, Tishman & Rich, Pittsburgh, PA, for ACME Music Company, Inc.

R. Scott Clarke, Trial Attorney, Tax Division, U.S. Department of Justice, Washington, DC, for Internal Revenue Service.

MEMORANDUM OPINION

M. BRUCE McCULLOUGH, Bankruptcy Judge.

ACME Music Company, Inc. (ACME) commenced the above-captioned adversary proceeding so that this Court, pursuant to 11 U.S.C. § 505(a)(1), could determine both the amount and/or legality of taxes assessed by the Internal Revenue Service (IRS). Pursuant to an opinion and order of this Court dated June 7, 1996, ACME Music Company, Inc. v. Internal Revenue Service, 196...

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