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IN RE GOULD

No. 09-60008.

603 F.3d 1100 (2010)

In re Anthony S. GOULD, Debtor, Anthony S. Gould, Appellant, v. United States of America, Appellee, and Devin Derham-Burk, Chapter 13; United States Trustee, Trustees.

United States Court of Appeals, Ninth Circuit.

Filed April 30, 2010.

Attorney(s) appearing for the Case

David A. Boone and Leela V. Menon, Law Offices of David A. Boone, San Jose, CA, for the appellant.

Randolph L. Hutter, Department of Justice, Tax Division, Washington DC, for the appellee.

Before: DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT and RICHARD A. PAEZ, Circuit Judges.

ORDER

The published order filed April 19, 2010, is hereby WITHDRAWN.

ORDER

The central issue in this case is whether or not the Bankruptcy Court erred in denying the government's motion to lift the automatic stay to allow the Internal Revenue Service "IRS" to offset the debtor's income tax overpayment against his outstanding federal income tax liabilities pursuant to 11 U.S.C. § 553 and 26 U.S.C. § 6402(a). For the reasons given by our...

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