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IN RE KEARNS

BAP No. 97-6088 NE.

219 B.R. 823 (1998)

In re Richard L. KEARNS, Debtor. UNITED STATES of America, Appellant, v. Richard L. KEARNS, Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided April 6, 1998.

Attorney(s) appearing for the Case

Virginia Cronan Lowe, Loretta C. Argrett, Jerome H. Fridkin, Thomas J. Monahan, Washington, DC, for appellant.

Kevin R. McManaman, William L. Foley, Omaha, NE, for appellee.

Before WILLIAM A. HILL, SCHERMER and SCOTT, Bankruptcy Judges.

SCOTT, Bankruptcy Judge.

I.

The United States of America appeals from an Order of the Bankruptcy Court entered on October 15, 1997, determining the debtor's post-petition tax liability for the 1990, 1991, 1992, 1993, and 1994 taxable years, and permitting an offset against the proof of claim filed by the Internal Revenue Service for 1989 federal income taxes. Because we determine that the bankruptcy court was without...

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