IN RE ST. FRANCIS

Bankruptcy No. 97-60313.

232 B.R. 518 (1999)

In re Stanley C. ST. FRANCIS, Debtor. Neil C. Gordon, Trustee, Movant, v. United States of America, Respondent.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

April 9, 1999.


Attorney(s) appearing for the Case

Neil C. Gordon, Macey, Wilensky, Cohen, Wittner, Atlanta, GA, trustee.

Ann Reid, U.S. Dept. of Justice-Tax Division, Washington, DC, for Defendant.


ORDER

MARGARET H. MURPHY, Bankruptcy Judge.

This case is before the court on Trustee's motion for determination of tax liability. The facts are undisputed. Both Trustee and Respondent ("IRS") have filed memoranda of law. For the reasons set forth below, this court concludes Trustee is entitled to compute the estate's tax liability using 26 U.S.C. § 121 to exclude the capital gain on the estate's interest in residential real property liquidated by the...

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