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IN RE SEGAL

Nos. 4951-4953.

221 F.Supp. 282 (1963)

In the Matter of Gerald SEGAL, Individually and d/b/a Segal Cotton Products. In the Matter of Sam SEGAL, Individually and d/b/a Segal Cotton Products. In the Matter of SEGAL COTTON PRODUCTS, a Partnership composed of Gerald Segal and Sam Segal, Bankrupts.

United States District Court N. D. Texas, Dallas Division.

August 26, 1963.

Attorney(s) appearing for the Case

Henry Klepak, Dallas, Tex., for bankrupt.

William J. Rochelle, Jr., Dallas, Tex., for trustee.

DAVIDSON, District Judge.

The controversy in this case grows out of a Certificate of Review to this court by Honorable Elmore Whitehurst, Referee in Bankruptcy at Dallas, Texas.

The question presented, in short, is, Does a carryback tax item under Title 26, 172 of the Revised Annotated Statutes belong to the Trustee for the benefit of creditors, or does it go to the bankrupt?

The Referee held that it belonged...

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