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IN RE MONTGOMERY

No. 10-20869.

446 B.R. 475 (2011)

In re James C. MONTGOMERY and Sapora M. Turner-Montgomery, Debtors.

United States Bankruptcy Court, D. Kansas.

February 7, 2011.

Attorney(s) appearing for the Case

Harris J. Phillips , U.S. Department of Justice, Tax Div., Washington, DC, David D. Zimmerman , U.S. Attorney's Office, Kansas City, KS, for IRS.

David A. Reed , Kansas City, KS, for James C. Montgomery , Sapora M. Turner , Montgomery.

MEMORANDUM OPINION AND JUDGMENT GRANTING DEBTORS' OBJECTION TO THE PRIORITY CLAIM OF THE INTERNAL REVENUE SERVICE AND DETERMINING THE INTEREST RATE ON THE INTERNAL REVENUE SERVICE'S SECURED CLAIM

DALE L. SOMERS, Bankruptcy Judge.

The matter before the Court is Debtors' "Objection to Claim # 3-1 of Internal Revenue Service" (hereafter "IRS") which asserts that Debtors' 2001 income tax liability is improperly classified as an unsecured priority claim under...

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