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IN RE MADIA

Bankruptcy No. 85-05425, Adv. No. 85-0084.

68 B.R. 11 (1986)

In re Nino MADIA, Debtor. Nino MADIA, Plaintiff, v. STATE OF NEW JERSEY, DIVISION OF TAXATION, New Jersey Employment Security Agency, I.R.S., Defendants.

United States Bankruptcy Court, D. New Jersey.

November 6, 1986.

Attorney(s) appearing for the Case

D. Gayle Loftis, Jersey City, N.J., for plaintiff-debtor.

David S. Grossman, U.S. Dept. of Justice, Washington, D.C., for I.R.S.

WILLIAM H. GINDIN, Bankruptcy Judge.

This matter arises from a suit by the plaintiff-debtor seeking a determination that the claimed debt to the Internal Revenue Service (IRS) is dischargeable. The debt arises from the assessment by the IRS of a 100% "penalty assessment" pursuant to the provisions of 26 U.S.C. § 6672(a) of the Internal Revenue Code of 1954. The IRS claims that the provisions of 11 U.S.C. § 523(a)(1)(A) specifically except the debt from discharge...

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