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IN RE QUEEN

Bankruptcy No. 89-30131, Civ. A. No. 3:90-1119, Adv. No. 90-0074.

148 B.R. 256 (1992)

In re Bobby G. QUEEN. Bobby G. QUEEN, dba Black Darth Coal Company, Plaintiff/Appellant, v. UNITED STATES of America, Defendant/Appellee.

United States District Court, S.D. West Virginia, at Huntington.

September 18, 1992.

Attorney(s) appearing for the Case

Steven L. Miller, Miller & Reed, Cross Lanes, WV, for Bobby G. Queen.

Gary L. Call, Asst. U.S. Atty., Michael Carey, U.S. Atty., Charleston, WV, Gerard J. Mene, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for U.S. James Peyton, IRS.

MEMORANDUM OPINION AND ORDER

STAKER, District Judge.

The plaintiff below in the adversary proceeding in the Bankruptcy Court, and who is also the bankruptcy debtor, has appealed the dismissal of his complaint and amended complaint in that proceeding. He contends that the Bankruptcy Court erred by refusing to find that a penalty assessed against him by the Internal Revenue Service (hereinafter "IRS") pursuant to 26 U.S.C.A. § 6672(a) (West Supp.1992...

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