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IN RE DUFFY

Bankruptcy No. 01-15805, Adversary No. 02-5205.

298 B.R. 775 (2003)

In re James A. DUFFY, Pamela S. Duffy, Debtors. J. Michael Morris, Trustee, Plaintiff, v. James A. Duffy and Pamela S. Duffy, Kansas Department of Revenue; United States of America, (Internal Revenue Service) Defendants.

United States Bankruptcy Court, D. Kansas.

April 24, 2003.

Attorney(s) appearing for the Case

J. Michael Morris, Wichita, KS, for plaintiff.

Jay D. Befort, Topeka, KS, Lucy L. Herlocker, Winfield, KS, Martin M. Shoemaker, Trial Attorney, Tax Division, U.S. Dept. of Justice — Special Litigation, Washington, DC, Teresa Dondlinger Trissell, U.S. Dept of Justice, Washington, DC, for defendants.

ORDER GRANTING UNITED STATES OF AMERICA'S MOTION FOR SUMMARY JUDGMENT

ROBERT E. NUGENT, Chief Judge.

Defendant United States, acting through the Internal Revenue Service ("IRS") moves for an order dismissing the chapter 7 trustee's amended complaint for turnover, or alternatively, for summary judgment, on the basis of lack of subject matter jurisdiction.1 Citing 26 U.S.C. § 6402(f) of the Internal Revenue Code

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