- 11 U.S.C.
Carpenter v. Montana Dept of Labor & Indus. Unemployment Ins. Div. Contributions Bureau (In re Carpenter)
Nov
18
2015
Ruling
Order holding that state tax was an excise tax entitled to priority affirmed.
Issue(s)
Whether the claim for a corporation's unpaid Montana unemployment insurance taxes is an 11 U.S.C.S. § 507(a)(8)(E) priority claim against vicariously-liable individuals.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bradford v. United States Dept of the Treasury (In re Bradford)
Jul
19
2015
Ruling
IRS exaction based on early withdrawal from retirement account was not a tax entitled to priority status.
Issue(s)
Was an exaction by the IRS based on debtor's early withdrawal from a retirement account a tax that should be granted priority status?
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Court
:
- 11 U.S.C.
Jividen, In re
May
30
2014
Ruling
IRS claim was not entitled to priority status and was properly classified as a non-prioritygeneral unsecured claim. (Bankr. C.D. Ill.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims; Tax on Income or
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:
- 11 U.S.C.
Leslie v. IRS (In re Leslie)
May
21
2014
Ruling
Tax claim that accrued, after extension, within three years of petition date was a nondischargeable priority tax claim.
Issue(s)
Was tax liability nondischargeable where filing extension brought the due date within three years of petition date?
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:
- 11 U.S.C.
In re Nation
Jan
30
2014
Ruling
Claim for taxes for taxable year ending after petition date disallowed.
Issue(s)
Should claims filed by debtor on behalf of IRS for taxes for the taxable year ending after the filing of the petition allowed?
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Court
:
- 11 U.S.C.
United States v. Monahan (In re Monahan)
Sep
19
2013
Ruling
IRS efforts to collect nondischargeable trust fund recovery penalties did not violate discharge injunction.
Issue(s)
Did IRS violate the discharge injunction by attempting to collect trust fund recovery penalties assessed under 26 U.S.C. § 6672.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Towler
May
28
2013
Ruling
Confirmation denied due to preferential treatment of state's claim for overpayment of unemployment benefits.
Procedural posture
Chapter 13 debtor filed a motion to confirm her chapter 13 plan. The chapter 13 trustee objected.
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Court
:
- 11 U.S.C.
In re Community Mem. Hosp.
May
21
2013
Ruling
Not-for-profit debtor's objection to priority administrative status of employment insurance agency's claim for reimbursement sustained.
Procedural posture
Chapter 11 debtor, which was a not-for-profit organization that qualified for unemployment insurance reimbursement privileges, objected to the allowance of two claims filed in the case by a state unemployment insurance agency for reimbursement of monies paid by the agency to former employees of the debtor. The debtor did not object to the amount of the claims, but objected to the priority status and administrative claim status of each.
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:
- 11 U.S.C.
In re Molina
Jan
31
2013
Ruling
Unsecured non-federal tax claim was not entitled to priority status.
Procedural posture
A state tax agency filed a proof of claim for bankruptcy debtors' unpaid taxes as an unsecured priority claim, and the debtors objected to the claim to the extent that it was asserted as a priority claim.
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Court
:
- 11 U.S.C.
Winters v. Shulman (In re Winters)
Jan
30
2013
Ruling
IRS claim that was tolled by filing of petition with U.S. Tax Court was entitled to priority and was nondischargeable.
Procedural posture
In his motion for partial summary judgment, trustee sought, in part, the following: A declaratory judgment that any claim of the Internal Revenue Service (IRS) (defendant was the United States) for the tax year 2004 was a non-priority unsecured claim. The IRS, in part, sought summary judgment as to the following: The claim of $226,142 for tax year 2004 was a priority claim pursuant to 11 U.S.C.S. § 507(a)(8) and was non-dischargeable.
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