United States v. Nazar (In re Dawes)
Mar
12
2009
Ruling
Bankruptcy court properly held that postpetition capital gains taxes on proceeds of farm sale were general unsecured claims.
Procedural posture
Appellant objected to confirmation of appellee debtors' chapter 12 plan, which treated the capital gains taxes they owed from a postpetition sale of real property used for farming as a general unsecured claim. The bankruptcy court for the District of Kansas found that 11 U.S.C.S. § 1222(a)(2)(A) applied to the capital gain taxes, thereby denying the objection. The United States filed an interlocutory appeal.
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Court
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