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IN RE HALL

No. CV-07-679-TUC-DCB. Bankruptcy No. 05-4423-TUC-EWH. BAP No. 07-1441.

393 B.R. 857 (2008)

In re Lynwood D. HALL and Brenda A. Hall, Debtors. Lynwood D. Hall, Brenda Hall, Appellants, v. United States of America, Appellee.

United States District Court, D. Arizona.

August 6, 2008.

Attorney(s) appearing for the Case

Clifford B. Altfeld, Altfeld Battaile & Goldman, P.C., Tucson, AZ, for Debtors.

Alan R. Costello, Costello Law Firm, Phoenix, AZ, for trustee.

ORDER

David C. BURY, District Judge.

This is an appeal from a bankruptcy decision, pursuant to 28 U.S.C. § 158(a)(1), entered in In re Hall, BK-05-4423-TUE-EWH.

FACTUAL AND PROCEDURAL BACKGROUND

The Bankruptcy Court in In re Hall, 376 B.R. 741 (Bankr.D.Ariz.2007), held that because a Chapter 12 estate is not a separate taxable entity, it cannot incur a federal capital gains tax liability...

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