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IN RE GORDON SEL-WAY, INC.

Bankruptcy No. 88-04525, Adversary No. 93-5372.

228 B.R. 402 (1998)

In the Matter of GORDON SEL-WAY, INC., a Michigan Corporation, Debtor. Gordon Sel-Way, Inc., a Michigan Corporation, Plaintiff, v. United States of America, Defendant.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

September 11, 1998.

Attorney(s) appearing for the Case

John S. Regan, Fitzgerald and Dakmak, P.C., Detroit, MI, for Plaintiff.

Thomas P. Cole, U.S. Department of Justice/Tax Division, Washington, D.C., for Defendant.

OPINION DENYING THE UNITED STATES OF AMERICA'S CLAIM OF SET-OFF

WALTER SHAPERO, Bankruptcy Judge.

Introduction

This matter is before the Court for the determination of whether Federal Unemployment Tax Act ("FUTA") tax refunds owed by the Internal Revenue Service ("IRS") to the Debtor should be paid to the bankruptcy estate or whether these amounts can be set-off against tax liabilities owed currently by the Debtor to the IRS (which...

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