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IN RE SMITH

No. 20070892.

201 P.3d 1001 (2009)

2009 UT 3

In re Janerae F. SMITH, Debtor. Janerae F. Smith, Appellant, v. R. Kimball Mosier, Trustee, Appellee.

Supreme Court of Utah.

January 23, 2009.

Attorney(s) appearing for the Case

David L. Miller, Layton, for appellant.

R. Kimball Mosier, George B. Hofmann, Salt Lake City, for appellee.

NEHRING, Justice:

INTRODUCTION

¶ 1 We consented to answer the following question certified to us by the United States Bankruptcy Appellate Panel of the Tenth Circuit:

Whether pursuant to Utah Code section [78B-5-507 (2008)1] monies refunded to a taxpayer as an overpayment of taxes are exempt when the monies with which the tax deposit was made were exempt?

¶...

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