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IN RE BARRANCO

Bankruptcy No. 7-03-02176-7, Adversary No. 7-03-00190.

307 B.R. 539 (2004)

In re Patricia BARRANCO, Debtor. Patricia Barranco, Plaintiff, v. United States of America, Defendant.

United States Bankruptcy Court, W.D. Virginia, Roanoke Division.

April 2, 2004.

Attorney(s) appearing for the Case

James J. Wilkinson, Trial Attorney, Tax Division, U.S. Department of Justice, Washington, D.C., for Defendant.

James C. Joyce, Roanoke, Virginia, for plaintiff.

Margaret K. Garber, Office of the U.S. Trustee, Roanoke, Virginia, trustee.

DECISION AND ORDER

ROSS W. KRUMM, Chief Judge.

The matter before the court arises on a motion of the United States of America to dismiss the debtor's complaint to determine the dischargeability of certain tax liability owed to the Internal Revenue Service. The IRS cites Federal Rule of Civil Procedure 12(b)(1) and (6) in support of its motion that this court lacks subject matter jurisdiction to adjudicate the complaint or, in the alternative, that the complaint...

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