Legal Opinion

Ellett v. Goldberg (In Re Ellett)

United States Bankruptcy Court, E.D. California

Decided November 1, 2004No. 19-20572Published

1Opinion of the Court

AMENDED MEMORANDUM DECISION

MICHAEL S. MCMANUS, Chief Judge.

Plaintiff James Ellett seeks prospective injunctive relief against Gerald Goldberg, the Executive Director of the Franchise Tax Board, to enjoin him from causing the Franchise Tax Board to collect delinquent pre-petition income taxes on the ground that the plaintiffs liability for these taxes was discharged in bankruptcy. This relief will be denied.

I

The plaintiff was indebted to the California Franchise Tax Board (“FTB”) for delinquent state income taxes owed for tax years 1981,1983, 1984, 1985, and 1990. To retire the taxes due for…

2Cases cited21 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
  3. Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
  4. In Re Robert John Price, Debtor. Roy E. Lompa v. Robert John PriceCourt of Appeals for the Ninth Circuit · 1989
  5. In Re Coastal Alaska Lines, Inc., Debtor. Zidell, Inc. v. Daniel E. Forsch, Esq., TrusteeCourt of Appeals for the Ninth Circuit · 1990

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