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IN RE GYULAFIA

Bankruptcy Nos. 80-21157, 81-20182, 82-21107, 83-20927 and 84-20094.

65 B.R. 913 (1986)

In re Lorant Arzen GYULAFIA, Debtor. In re Donald Leroy GIBSON, Jr., Larinda Ann Gibson, Debtors. In re Ozell (NMN) BROWN, Omie (NMN) Brown, Debtors. In re Otis Robert FRANKLIN, Wanda Jeanette Franklin, Debtors. In re Linda S. BROWN, Debtor.

United States Bankruptcy Court, D. Kansas.

October 10, 1986.

Attorney(s) appearing for the Case

David R. House, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., Robert A. Olsen, Asst. U.S. Atty., Kansas City, Kan., for I.R.S.

Lloyd C. Swartz, Topeka, Kan., Trustee.

Mary V. Hughes, Kansas City, Mo., for debtor Gyulafia.

Robert DeCoursey, Kansas City, Kan., for debtor Gyulafia.

Thomas M. Mullinix, Kansas City, Kan., for debtors Gibson.

Annette M. Jackson, Kansas City, Kan., for debtors Brown.

Robert B. Yohe, Overland Park, Kan., for debtors Franklin.

Steven J. Wells, Overland Park, Kan., for debtor Linda Brown.

MEMORANDUM OPINION AND ORDER

BENJAMIN E. FRANKLIN, Bankruptcy Judge.

This matter is a consolidation of five cases in order to determine the priority of unpaid federal income taxes incurred by the debtors after the filing of the Chapter 13 petitions. The United States Internal Revenue Service designated the taxes as administrative expenses and requested payment pursuant to 11 U.S.C. § 503. The trustee objected to the request and characterized the taxes...

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