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IN RE FEILER

Bankruptcy No. 95-31075TDM, Adversary No. 97-3242DM.

218 B.R. 957 (1998)

In re James Kenneth FEILER and Carol Elaine Feiler, Debtors. Edward F. TOWERS, Trustee of the Bankruptcy Estate of James Kenneth Feiler and Carol Elaine Feiler, Debtors, Plaintiff, v. UNITED STATES of America, Department of Treasury, Internal Revenue Service, Defendant.

United States Bankruptcy Court, N.D. California, San Francisco Division.

March 3, 1998.

Attorney(s) appearing for the Case

Michael J. McQuaid, Carr, McClellan, Ingersoll, Thompson & Horn, San Francisco, CA, for Plaintiff.

David L. Denier, Assistant United States Attorney, San Francisco, CA, for Defendant.

MEMORANDUM DECISION — NOL ELECTION AS FRAUDULENT TRANSFER

DENNIS MONTALI, Bankruptcy Judge.

I. INTRODUCTION

Plaintiff, Edward F. Towers ("Plaintiff"), the Chapter 7 trustee of the estate of the above-named debtors, James Kenneth Feiler and Carol Elaine Feiler ("Debtors"), filed this adversary proceeding against Defendant, United States of America, Department of Treasury, Internal Revenue Service ("IRS" or "Defendant"),...

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