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IN RE MLINCEK

Bankruptcy No. 05-27639, Adversary No. 05-1107.

350 B.R. 764 (2006)

In re Enic MLINCEK and Holly Mlincek, Debtors. Eric Mlincek and Holly Mlincek, Plaintiffs, v. United States of America, Defendant.

United States Bankruptcy Court, N.D. Ohio.

September 26, 2006.

Attorney(s) appearing for the Case

Anita A. Gill, Special Assistant United States Attorney Cleveland, Peter Sklarew, Tax Division, Dept. of Justice, Washington, D.C., for the government.

Kevin M. Ryan, Ryan Legal Services, North Ridgeville, OH, for Erik Mlincek, Holly J. Mlincek, Plaintiffs.

Anita A. Gill, Peter A. Sklarew, Tax Division, Dept. of Justice, Washington, DC, for IRS, Insolvency Group 3, Defendant.

MEMORANDUM OF OPINION

ARTHUR I. HARRIS, Bankruptcy Judge.

Before the Court is the defendant's motion to dismiss (Docket # 7). The defendant urges dismissal of this adversary proceeding because the plaintiffs complaint does not present a justiciable case or controversy. Because the Court declines to exercise jurisdiction for prudential reasons, the defendant's motion to dismiss is granted.

JURISDICTION

In the present case, the debtors have...

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