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IN RE MACAGNONE

No. 99-638-CIV-T-26E.

240 B.R. 444 (1999)

In re Frank P. MACAGNONE and Santina Macagnone, Debtors. United States of America, Appellant, v. Frank P. Macagnone, Appellee.

United States District Court, M.D. Florida, Tampa Division.

June 24, 1999.

Attorney(s) appearing for the Case

Adelaide G. Few, Charles R. Wilson, U.S. Attorney's Office, Tampa, FL, Philip Doyle, U.S. Dept. of Justice, Tax Division, Washington, DC, for U.S.

Nicholas B. Bangos, Wolff, Hill, McFarlin & Herron, P.A., Orlando, FL, for Frank P. Macagnone and Santina Macagnone.

ORDER

LAZZARA, District Judge.

The Appellant, the United States of America, challenges in this appeal that aspect of the bankruptcy court's order which determined that the Appellee, Frank Macagnone, was not liable for the trust fund penalty assessed against him under the provisions of 26 U.S.C. § 6672.1 The Appellant contends that the bankruptcy court erred by exercising jurisdiction, by failing to abstain after it...

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