IN RE SAVAGE

BAP No. WY-97-069, Bankruptcy No. 93-20458, Adversary No. 93-2057.

218 B.R. 126 (1998)

In re Jerry R. SAVAGE, Debtor. Jerry R. SAVAGE, Plaintiff-Appellee, v. INTERNAL REVENUE SERVICE, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

February 19, 1998.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Aleksander D. Radich, Assistant United States Attorney, Cheyenne, WY, and Susan A. Laughlin, Trial Attorney, Tax Division, Department of Justice, Washington, DC, for Defendant-Appellant.

Rex B. Bushman, Salt Lake City, UT, and Michael F. Chadey, Rock Springs, WY, for Plaintiff-Appellee.

Before CLARK, PEARSON and CORNISH, Bankruptcy Judges.


OPINION

CORNISH, Bankruptcy Judge.

The Internal Revenue Service ("IRS") appeals a Judgment entered by the United States Bankruptcy Court for the District of Wyoming concluding that (1) a portion of the Debtor's tax debt for 1987, in the amount of $4,563.29, was nondischargeable pursuant to 11 U.S.C. §§ 507(a)(8)(A)(ii) and 523(a)(1)(A)1 because the IRS had assessed the debt...

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