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IN RE LARTZ

No. CIV.1:CV-03-0650.

301 B.R. 807 (2003)

In re E. Harry LARTZ, Debtor. United States of America, Appellant, v. E. Harry Lartz, Appellee.

United States District Court, M.D. Pennsylvania.

September 4, 2003.

Attorney(s) appearing for the Case

Beatrice Saiz, Tax Division, Washington, DC, D. Brian Simpson, U.S. Attorney's Office, Harrisburg, PA, for Appellant.

Robert D. Glessner, York, PA, for Appellee.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction

We are considering the government's appeal of the bankruptcy court's decision that E. Harry Lartz is not a "responsible person" under 26 U.S.C. § 6672 liable for unpaid trust fund taxes of the Dutch Club of York (DCY or the club).

For the reasons set forth below, we will affirm the decision of the bankruptcy court.

II. Background

The DCY was a non...

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