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IN RE BRUMBAUGH

Bankruptcy No. 00-33453. Adversary No. 00-3120.

267 B.R. 800 (2001)

In re Mark BRUMBAUGH and Rachel Brumbaugh, Debtors. Mark Brumbaugh and Rachel Brumbaugh, Plaintiffs, v. United States of America, Internal Revenue Service, Defendants.

United States Bankruptcy Court, S.D. Ohio, Western Division at Dayton.

August 27, 2001.

Attorney(s) appearing for the Case

Roger E. Luring, Troy, OH, for debtors.

Dale Ann Goldberg, Dayton, OH, for United States of America, Internal Revenue Service.

Townsend Foster, Jr., Troy, OH, Chapter 7 Trustee.

MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, Jr., Bankruptcy Judge.

The debtors, Mark and Rachel Brumbaugh ("Debtors" or the "Brumbaughs"), and the United States, on behalf of the Internal Revenue Service (the "IRS"), have filed cross-motions for summary judgment seeking a determination of the dischargeability of certain tax debts. The specific issues before the Court are: (1) whether altered IRS Form 1040s filed by the...

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