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IN RE CASANO

Case No. 8-11-79018-478, Adv. Pro. No. 8-12-8005-478.

In re JOSEPH CASANO, Debtor, Chapter 7. JOSEPH CASANO, Plaintiff, v. INTERNAL REVENUE SERVICE as an agent of the UNITED STATES OF AMERICA and New York State DEPARTMENT OF TAXATION & FINANCE, Defendants.

United States Bankruptcy Court, E.D. New York.

May 16, 2012.

Attorney(s) appearing for the Case

Heath S. Berger, Esq. , Steinberg, Fineo, Berger & Fischoof, PC., 40 Crossways Park Drive, Woodbury, New York 11797, Attorneys for the Plaintiff.

Theresa McQueeney, Esq. , Special Assistant United States Attorney, Office of Chief Counsel, Internal Revenue Service, 1600 Stewart Avenue, Suite 601, Westbury, New York 11590, Attorneys for the Defendants.

MEMORANDUM DECISION AND ORDER

DOROTHY EISENBERG, Bankruptcy Judge.

Before the Court is the Plaintiff's motion for summary judgment seeking a determination that federal income taxes due and owing to the Defendant, United States of America, for tax years ending December 31 of 2001 and 2002 are dischargeable pursuant to 11 U.S.C. §523(a)(1)(B) (the "Motion") and the Defendant's cross motion for summary judgment claiming that these taxes are excepted from...

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