Reversing the Bankruptcy Appellate Panel (BAP), the Court of Appeals for the Eighth Circuit held that a tax refund attributable to the federal Additional Child Tax Credit (ACTC) statute is a...
Bankruptcy court order determining that characterization of transaction in confirmed plan was binding on taxing authority was reversed. Upon de novo review, bankruptcy court order determining that...
North Dakota law, which did not explicitly authorize the state to collect taxes for “account wagering,” did not impliedly authorize the collection of such taxes either. Accordingly, taxes...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
11 years 2 months ago
Citation:
Fahey v. MA Dept of Revenue (In re Fahey), --- F.3d --- (1st Cir. Feb. 18, 2015)
Ruling:
Unpaid taxes due on Massachusetts state income tax return filed after the statutory filing date cannot be discharged in bankruptcy under 11 U.S.C. 523(a). While section 523(a) a tax is not...
Funds taken from an individual retirement account for the purpose of purchasing an annuity retain their exempt status under 11 U.S.C. § 522(b)(3)(C) as “retirement funds…in a fund or account...
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling:
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 7 months ago
Citation:
Christians v. Dmitruk (In re Dmitruk), 8th Cir. B.A.P. (14-6023), September 15, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel affirmed the order of the Bankruptcy Court overruling the Trustee’s objection to the Debtor’s claimed exemption in the portion of his state income tax...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 8 months ago
Citation:
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling:
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...
Bagley v. U.S.A. (In re Desert Capital REIT, Inc.), BAP Nos. NV-13-1233-KiTaJu & NV-13-1250-KiTaJu (BAP 9th Cir. Aug. 11, 2014)
Ruling:
The 9th Circuit BAP affirmed the ruling of the U.S. Bankruptcy Court for the District of Nevada. The bankruptcy court properly granted the U.S. (IRS) summary judgment in allowing its claim. The...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
11 years 12 months ago
Citation:
Galluzzo v. Commissioner of Internal Revenue, No. 13-3555 (3d Cir. April 24, 2014)
Ruling:
The United States Tax Court did not have jurisdiction over former debtors' tax redetermination action because the Commissioner of Internal Revenue did not mail a notice of deficiency to the debtors...
