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IN RE AVIEN, INC.

No. 70 B 1085.

390 F.Supp. 1335 (1975)

In the Matter of AVIEN, INC., Debtor.

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

March 10, 1975.

Attorney(s) appearing for the Case

W. Bernard Richland, Corp. Counsel of the City of New York, New York City, for appellant City of New York by Murray Gingold, Samuel J. Warms, and Raymond Herzog, New York City, of counsel.

Levin & Weintraub, New York City, for appellee Avien, Inc. by Elias Mann, Martin I. Klein, New York City.

OPINION

NEAHER, District Judge.

This is an appeal by the City of New York ("the City") from a decision of the bankruptcy judge expunging its claim against the debtor for unpaid corporation taxes in the amount of $17,789.32. Decision of the appeal turns upon the correct construction to be placed on the carryforward and carryback loss provisions of the City's General Corporation Tax, Administrative Code of the City of New York, § R46-2.0(8)(f).

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