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IN RE WILSHIRE COURTYARD

No. 2:97-bk-10771SB.

437 B.R. 380 (2010)

In re WILSHIRE COURTYARD, Debtor.

United States Bankruptcy Court, C.D. California.

August 31, 2010.

Attorney(s) appearing for the Case

Lewis R. Landau, Attorney at Law, David Gould, Calabasas, CA, for Debtor.

OPINION ON SUMMARY JUDGMENT MOTION

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. INTRODUCTION

In this partnership case, the chapter 111 plan, confirmed on December 12, 1997, explicitly provides that the plan does not effect a sale of the partners' interests in the partnership property. Nonetheless, the California Franchise Tax Board ("FTB") attempts to recharacterize the plan...

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