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i~ <br />~ 1 <br />2 <br />3 <br />4` <br />5 <br /> <br /> <br />6 <br />7 <br />e <br />9 <br />10 <br />11 <br />12 <br />13 <br />10 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />tt <br />ainera with allowable claims for black long benefits. The <br />L~ <br />Department of Labor aerely has a claim for seimburuement of <br />amounts which CFiI is not able to or does noL pay t:o those <br />individnal• and Which are paid by the Departaaat o!! Laboz out <br />of the Srnat land. <br />The Depastmeat of Labor'• only olaim agal:nst CFiI <br />is based oa this reisbareemeat of these beneficiar~r claims. <br />The Department of Labor did not have a claim for <br />reimbursement by CFiI natil after CliI defaulted on its <br />obligntioa to sake these payments sad the benefits Were paid <br />out of the Trust land and there ran a final detarm:Lnation <br />made as to the liability for reimbursement. llccoreliagly, <br />since the Department of Labor does not directly assess CFiI <br />for the amount of the reimbursement claim, the Debl:oza <br />believe that the claim for raimbursament is not a 1... trithin <br />the definition •et forth is jEj~a. <br />The Debtors farther believe sad argue that wen if <br />the Department of Labor's claim for reimbursement :Ls foaad Lo <br />be a tax, applying the definition is L431SIIa, that this is, <br />number one, not a ta: that is collected or ~rithhali! from CIiI <br />employees or nay other part! as regnised Hadar ieclCio~a <br />S07(a)(7)(C), sad secondly, that it is sat as weLu ta:, as <br />that term is defined is iectioa S07(a)(7)(E). <br />Section S07(a)(7)(C) srtatea that Ala order to be <br />entitled to priority, there east a:ist a tax ~rhich is <br />.. <br /> <br />