Chapter 13 debtor's efforts to challenge auction sale of real property to satisfy delinquent real estate taxes denied.
Procedural posture
In this adversary proceeding, plaintiff debtor sought recovery of title to real property and imposition of sanctions against defendants, a county, various county officials, and others involved in the auction sale of real property that had been owned by the debtor.
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Martyak v. Tioga County (In re Martyak)
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Bankruptcy court properly abstained from determining tax liabilities.
Procedural posture
In a bankruptcy case that was commenced in 1996, appellant debtor sought judicial review of an order by the bankruptcy judge finding that, pursuant to 11 U.S.C.S. § 505(a)(1), it had discretion to abstain from hearing and determining the tax liabilities at issue in the case. The bankruptcy judge determined that the factors weighed in favor of abstention, and the bankruptcy judge also denied the debtor's motion to convert.
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Gilliam v. United States (In re Gilliam)
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Debtors' objection to amount of priority unsecured tax claim, based on alleged increased interest in partnership, overruled.
Procedural posture
Debtors in a converted chapter 13 case sought relief from an assessment of additional 2004 tax liability by the U.S. Internal Revenue Service (IRS) to which they had previously agreed, based on the later filing by the debtor husband's non-debtor parents of gift tax returns for the years 2001 and 2002. The debtors argued that the gifts effected an increase in the debtor's interest in a family partnership.
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In re Miller
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District court erred in overruling debtor's objection to federal tax claim as bankruptcy jurisdiction existed over debtor's partnership items.
Procedural posture
Appellant, a chapter 11 debtor, challenged the decision entered by the District Court for the Eastern District of California that dismissed the debtor's action that objected to appellee government's $ 13.1 million tax claim in its bankruptcy proceeding. The district court dismissed the action on the basis that the statutory res judicata provision in 11 U.S.C.S. § 505(a)(2)(A) deprived it of subject matter jurisdiction.
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Central Valley Ag. Enters. v. United States
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Court
:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on
June 25, 2008
, LexisNexis #0708-098
Court abstained from determination of dischargeability of debtor's tax liability in no-asset case.
Procedural posture
Defendant Government filed a motion for the court to abstain pursuant to 11 U.S.C. § 505(a)(1) in an adversary proceeding to determine the dischargeability of plaintiff debtors'potential tax liability under 11 U.S.C. §§ 523(a)(1) and 507(a)(8).
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Dees v. United States (In re Dees)
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Bankruptcy court jurisdiction to determine tax debt was specifically excepted from Internal Revenue Code anti-injunction provision.
Procedural posture
Chapter 7 debtor challenged the IRS assessment of unpaid individual income taxes and interest for debtor's 1982 tax year and further requested a return of tax refunds retained by the IRS as a result of the assessment, and an award of attorneys'fees.
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Seay v. United States (In re Seay)
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Court found that the debtor's tax liability to a city for its fitness club space was to be determined from the rental value of the space, which was based on the actual income of the debtor's fitness club operations.
Procedural posture
Pursuant to 11 U.S.C. § 505(a), plaintiff debtor commenced an adversary proceeding against defendant city seeking to have the bankruptcy court determine the debtor's tax liability to the city for tax years beginning April 1, 2001, 2002 and 2003 and any subsequent tax years and reduce the debtor's tax assessment to reflect the market value of the debtor's real property adjusted by the city's equalization ratio.
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River Valley Fitness One Ltd. Pship v. City of Lebanon (In re River Valley Fitness One Ltd. Pship)
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Court determined that the valuation of the county's tax assessment was not in error.
Procedural posture
The liquidating trustee for the estate and the purchaser of certain assets of the debtor challenged a county's claim for tangible personal property taxes. The instant case was a contested matter under 11 U.S.C. § 505(a) to determine the amount of the county's tax claim. The objecting parties argued that the underlying assessment exceeded "just valuation."
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In re Litestream Techs. LLC
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