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IN RE KUPPIN

No. 1:05-CV-59.

335 B.R. 675 (2005)

In re Herbert R. KUPPIN, Jr., Debtor. Internal Revenue Service, Appellant, v. Alyson Barnard, Appellee.

United States District Court, S.D. Ohio, Western Division.

December 20, 2005.

Attorney(s) appearing for the Case

Alejandro L. Bertoldo, Peter Sklarew, U.S. Department of Justice, Washington, DC, for Appellant.

Robert Alfred Goering, Goering & Goering, Cincinnati, OH, for Appellee.

Christopher D. Cathey, Ulmer & Berne LLP, Cincinnati, OH, Reuel D. Ash, Statman Harris & Bardach LLC, Dayton, OH, for Debtors.

OPINION

BECKWITH, Chief Judge.

Appellant Internal Revenue Service appeals from the judgment of the United States Bankruptcy Court for the Southern District of Ohio ordering it to pay a tax refund to Debtor Herbert Kuppin, Jr. and in turn ordering Kuppin to distribute the refund to Alyson Barnard, a creditor of Kuppin's Chapter 11 plan of reorganization. For the reasons that follow, the judgment of the Bankruptcy Court is REVERSED.

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