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IN RE EMERY

Bankruptcy No. 07-40088, Adversary No. 07-4029.

379 B.R. 688 (2007)

In re James Lee EMERY and Kathy Marie Emery, Debtors. James Lee Emery and Kathy Marie Emery, Plaintiffs v. Internal Revenue Service, et al., Defendants.

United States Bankruptcy Court, W.D. Kentucky.

December 20, 2007.

Attorney(s) appearing for the Case

Cheryl N. Cureton, Owensboro, KY, for Plaintiffs.

Anne E. Blaess, Department of Justice, Washington, DC, for Internal Revenue Service.

Kentucky Department Of Revenue, Legal Branch-Bankruptcy Section, Frankfort, KY, Pro se.

MEMORANDUM ON MOTION FOR SUMMARY JUDGMENT

DAVID T. STOSBERG, Bankruptcy Judge.

This proceeding comes before the Court on the motion for summary judgment filed by the Internal Revenue Service ("IRS"). Upon consideration of the summary judgment motion and the supporting documentation, the Court holds that summary judgment should be granted in favor of the IRS.

I. STATEMENT OF JURISDICTION

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