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IN RE INTERN. TOBACCO PARTNERS, LTD.

Bankruptcy No. 10-74894-ast. Adversary No. 10-9007-ast.

468 B.R. 582 (2012)

In re INTERNATIONAL TOBACCO PARTNERS, LTD., Debtor. International Tobacco Partners, Ltd., Plaintiff, v. United States Department of Agriculture and Thomas Vilsack as Secretary of the United States Department of Agriculture, Defendants.

United States Bankruptcy Court, E.D. New York.

April 6, 2012.

Attorney(s) appearing for the Case

Gary B. Sachs, Gary B. Sachs & Associates, PLLC, Uniondale, NY, for Plaintiff.

Eric H. Holder, Jr., U.S. Attorney's Office, Department of Justice, Washington, D.C., Vincent Lipari, U.S. Attorney's Office, Central Islip, NY, for Defendants.

MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

ALAN S. TRUST, Bankruptcy Judge.

Benjamin Franklin once wrote that "in this world nothing can be said to be certain, except death and taxes."1 This case demonstrates that what constitutes a tax is not always certain.

Before the Court are cross motions for summary judgment (the "Motions") filed by the Plaintiff/Debtor, International Tobacco Partners, Ltd....

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