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IN RE GRILLO

Bankruptcy No. 04-23121, Adversary No. 04-2640.

331 B.R. 614 (2005)

In the matter of John F. GRILLO and Marie T. Grillo, Debtors. John F. Grillo and Marie T. Grillo, Plaintiffs, v. Duilio Corigliano, United States of America (Internal Revenue Service), and Isabel C. Balboa, Standing Chapter 13 Trustee, Defendants.

United States Bankruptcy Court, D. New Jersey.

October 7, 2005.

Attorney(s) appearing for the Case

David A. Kasen, Esquire, Kasen, Kasen & Braverman, Cherry Hill, NJ, for Debtors.

Pat S. Genis, Esquire, Trial Attorney, Tax Division, Washington, D.C., for Internal Revenue Service.

OPINION ON APPLICATION OF 26 U.S.C. § 6672

JUDITH H. WIZMUR, Chief Judge.

In this adversary proceeding, in Count Two of the complaint, the debtor, John F. Grillo, challenges the validity of civil penalties assessed against him by the Internal Revenue Service ("IRS").1 The assessment is based upon the IRS's contention that the debtor is a "responsible person", for purposes...

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