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IN RE McCULLOUGH

Bankruptcy No. 80-03263G.

63 B.R. 97 (1986)

In re Elwood M. McCULLOUGH, Rose McCullough, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

July 25, 1986.

Attorney(s) appearing for the Case

Mitchell W. Miller, Miller & Miller, Philadelphia, Pa., for the debtors, Elwood M. McCullough, Rose McCullough.

Edward S.G. Dennis, Jr., U.S. Atty., Philadelphia, Pa., Virginia R. Powel, Internal Revenue Service, Philadelphia, Pa. Attn: Special Procedures Dist. Counsel, I.R. Service, Philadelphia, Pa. Dist. Director, I.R.S., Philadelphia, Pa., for U.S.

James J. O'Connell, Philadelphia, Pa., for trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The query posed in the case at hand is whether we should hold the Internal Revenue Service ("IRS") in civil contempt for having erroneously sent the debtors a notice of overdue prepetition taxes during the pendency of the debtors' bankruptcy case. For the reasons set forth below, we will hold the IRS in contempt.

The facts of this controversy are as follows:1 The debtors filed a...

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