IN RE DAVIDSON LUMBER CO.

Bankruptcy Nos. 82-00442-BKC-TCB, 82-00443-BKC-TCB and 82-00666-BKC-TCB to 82-00669-BKC-TCB.

47 B.R. 597 (1985)

In re DAVIDSON LUMBER COMPANY, Debtor. In re DAVIDSON TIMBER COMPANY, INC., Debtor. In re MILLWORK CORPORATION, Debtor. In re ALL AMERICAN ROOF TRUSS, Debtor. In re U.S. IMPEX CORPORATION, Debtor. In re MIRACLE ENTERPRISES CORP., Debtor.

United States Bankruptcy Court, S.D. Florida.

February 22, 1985.


Attorney(s) appearing for the Case

Robert G. Hewitt, Harper & Hewitt, Miami, Fla., for Trustee.

William Roemelmeyer, Miami Shores, Fla., Trustee.

Steven M. Kwartin, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., Marilyn Koonce, Miami, Fla., W.B. Dickinson, Internal Revenue Service, Returns Classification Officer, for I.R.S.


ORDER ON CLAIMS OF INTERNAL REVENUE SERVICE

THOMAS C. BRITTON, Bankruptcy Judge.

The trustee has moved (C.P. No. 470) to strike the claims of the I.R.S. filed after the claims' bar date of March 2, 1983. The hearing scheduled for November 30, 1984 was continued, and this matter was heard on January 16, 1985.

The facts are undisputed. The issue, therefore, is whether the claim for $62,746 due the I.R.S. for recapture of the debtor's investment tax...

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