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IN RE HAWKINS

Bankruptcy No. 06-30815 TEC. Adversary No. 07-3139 TC.

430 B.R. 225 (2010)

In re William M. HAWKINS, III, aka Trip Hawkins; and Lisa Warnes Hawkins, aka Lisa A. Hawkins, Debtors. William M. Hawkins, III, and Lisa Warnes Hawkins, Plaintiffs, v. The Franchise Tax Board, A Division of the Government of the State of California; and the United States of America, Internal Revenue Service, Defendants.

United States Bankruptcy Court, N.D. California.

April 23, 2010.

Attorney(s) appearing for the Case

Heinz Binder, Laine Lucas, Robert G. Harris, Roya Shakoori, Wendy W. Smith, Law Offices of Binder and Malter, Santa Clara, CA, for Debtors.

MEMORANDUM DECISION

THOMAS E. CARLSON, Bankruptcy Judge.

In this action, the Internal Revenue Service (IRS) and the California Franchise Tax Board (FTB) seek to have unpaid income tax liabilities excepted from the discharge that Debtors Trip and Lisa Hawkins received in their chapter 11 case. The IRS and the FTB (collectively the Government) assert that the tax liabilities should not be discharged, because Debtors filed fraudulent returns, and because Debtors...

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