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IN RE SWAIN

Bankruptcy No. 09-55942. Adversary No. 09-4996.

437 B.R. 549 (2010)

In re Joseph Francis SWAIN and Edith Mae Swain, Debtors. Edith Mae Swain, Plaintiff, v. United States Department of Treasury, Internal Revenue Service, Defendant.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

September 27, 2010.

Attorney(s) appearing for the Case

Christina Bixby, Washington, DC, John W. Stevens, Detroit, MI, for Defendant.

Stephen Thomas Padgett, Farmington Hills, MI, for Debtors/Plaintiff.

AMENDED OPINION REGARDING DEFENDANT'S MOTION TO DISMISS*

THOMAS J. TUCKER, Bankruptcy Judge.

This case presents an issue of subject matter jurisdiction. A Chapter 7 bankruptcy debtor filed this adversary proceeding seeking a declaration that she does not owe the Internal Revenue Service ("IRS") any debt for approximately $18,000 in unpaid withholding taxes. The withholding taxes are owed by a restaurant business that the...

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