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IN RE ABEPP ACQUISITION CORP.

BAP No. 97-8067.

215 B.R. 513 (1997)

In re ABEPP ACQUISITION CORPORATION, dba Abbott & Company, Debtor. Bruce Comly FRENCH, Trustee, Plaintiff-Appellant, v. GEORGIA DEPARTMENT OF REVENUE, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided December 30, 1997.

Attorney(s) appearing for the Case

Bruce Comly French, Lima, OH, for Appellant.

Shereen M. Walls, Office of Attorney General, Atlanta, GA, for Appellee.

Before: LUNDIN, STOSBERG, and WALDRON, Bankruptcy Appellate Panel Judges.

OPINION

PER CURIAM.

As part of the liquidation of the assets of ABEPP Acquisition Corporation ("the Debtor"), the Chapter 7 Trustee, Bruce Comly French ("the Trustee"), sold real property located in Georgia, and, under a statute applicable only to nonresidents of Georgia, was required to pay a 3% transfer tax upon completion of the sale. The Trustee filed an adversary proceeding in the bankruptcy court against the Georgia Department of Revenue ("the Department...

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