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MATTER OF TOTI

Bankruptcy No. 88-05085, Adv. Pro. No. 90-0191-S.

141 B.R. 126 (1992)

In the Matter of Edward TOTI, Debtor. Edward TOTI, Plaintiff, v. UNITED STATES of America, Defendant.

United States Bankruptcy Court, E.D. Michigan, S.D.

May 22, 1992.

Attorney(s) appearing for the Case

Paul H. Steinberg, Goldstein, Bershad, Steinberg & Fried, P.C., Southfield, Mich., for plaintiff.

Mark D. Lansing, Trial Atty., Tax Div., U.S. Dept. of Justice, Ben Franklin Station Washington, D.C., for defendant.

OPINION IN RESPECT TO CROSS-MOTIONS FOR SUMMARY JUDGMENT

WALTER SHAPERO, Bankruptcy Judge.

I. FACTUAL BACKGROUND

The debtor Edward W. Toti ("Toti") is a self-employed independent insurance agent. From 1961 to 1973 Toti timely filed all of his federal income tax returns and paid any and all such taxes owing to the Internal Revenue Service ("IRS"). In 1974, due to his inability to pay his federal income tax liability for that year, Toti did not file...

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