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U.S. DEPT. OF TREASURY v. GOSSELIN

No. Civ.A. 99-40176-PBS.

252 B.R. 854 (2000)

UNITED STATES of America DEPARTMENT OF THE TREASURY Internal Revenue Service, and Commonwealth of Massachusetts Department of Revenue, Appellant, v. Robert L. GOSSELIN, Appellee.

United States District Court, D. Massachusetts.

July 31, 2000.

Attorney(s) appearing for the Case

Robert F. Casey, Jr., Robert F. Casey, Jr. P.C., Harvard, MA, for Robert L. Gosselin, debtor.

James L. O'Connor, Donald J. Evans, Department of Revenue, Litigation Bureau, Boston, MA, for Commonwealth of Massachusetts Department of Revenue, appellant.

Robert F. Casey, Jr., Robert F. Casey, Jr. P.C., Harvard, MA, for Robert L. Gosselin, appellee.

MEMORANDUM AND ORDER

SARIS, District Judge.

Brandishing Seminole Tribe of Florida v. Florida, 517 U.S. 44, 57, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) as its banner, appellant, the Commissioner of Revenue of the Commonwealth of Massachusetts ("the Commonwealth") challenges the decision of the Bankruptcy Court (Queenan, J.) denying its motion to dismiss for lack of jurisdiction under the Eleventh Amendment and discharging...

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