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U.S. v. MONTGOMERY

No. 11-2107-CM.

475 B.R. 742 (2012)

UNITED STATES of America, Plaintiff, v. James C. MONTGOMERY and Sapora M. Turner Montgomery, Defendants.

United States District Court, D. Kansas.

June 26, 2012.

Attorney(s) appearing for the Case

Harris J. Phillips , U.S. Department of Justice, Washington, DC, David D. Zimmerman , Office Of United States Attorney, Kansas City, KS, for Appellant.

David A. Reed , Law Office of David A. Reed, Kansas City, KS, for Appellee.

MEMORANDUM AND ORDER

CARLOS MURGUIA, District Judge.

This appeal arises from a decision of the Bankruptcy Court for the District of Kansas granting debtors James and Sapora Montgomery's objection to the priority claim of the Internal Revenue Service ("IRS"), and determining the interest rate on the claim. Debtors do not appeal the determination as to the interest rate, but the IRS appeals the decision on priority. This issue on appeal is whether,...

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