Practical Guide to Resolving Your Client's Tax Liabilities: Tax Code and Bankruptcy Code Remedies (Second Edition)Topics and Contents |
| |
| Overview |
| |
| |
| Chapter 1 --Introduction to Bankruptcy Code Remedies |
| |
| Overview |
| Glossary |
| Advantages And Disadvantages Of Tax Remedies |
| Tax Code Remedy: Statute Of Limitation On Collection |
| Tax Code Remedy: Installment Agreement |
| Tax Code Remedy: Offer In Compromise |
| Bankruptcy Code Remedy: Chapter 7 |
| Bankruptcy Code Remedy: Chapter 11 |
| Bankruptcy Code Remedy: Chapter 13 |
| Bankruptcy Code Remedy: Chapter 20 |
| Pay The Tax |
| |
| Chapter 2 --Tax Code Remedies |
| |
| Overview |
| Statute Of Limitation On Collection |
| Introduction |
| Applicable Rules |
| Income Tax Consequences Of Statute Expiring |
| Summary |
| Installment Agreements |
| General Rules |
| Types Of Installment Agreements |
| Comparing Necessary And Conditional Expenses |
| Necessary Expenses |
| Unavailability Of Installment Agreements For Certain Unpaid Payroll Taxes |
| Annual Account Statement |
| Summary |
| Offers In Compromise |
| Introduction |
| Procedure For Filing The Offer |
| Consequences To Taxpayer Beyond Discharge Of Taxes |
| Requirements For Acceptance Of Doubt As To Collectability Offer |
| Effective Tax Administration Offers |
| Doubt As To Liability Offers |
| Interaction Of Bankruptcy And Offers |
| Income Tax Consequences Of Offers |
| Summary |
| Husband And Wife --The Innocent Spouse Rules |
| Understatements Of Tax For All Joint Filers |
| Deficiencies/Separated Filers |
| Inability To Pay And Rev. Proc. 2003-61 |
| Injured Spouse Claim |
| Disclosure Of Collection Activities |
| Separate Property Agreement In Community Property State |
| Other Useful Tools |
| Taxpayer Advocate Program |
| Taxpayer Assistance Orders |
| Collection Appeals |
| Collection Due Process Hearings |
| Other Tools For Use Against Liens And Levies |
| Abatement Of Interest |
| Abatement Of Penalties |
| Lawsuits |
| The Insolvency Statute |
| |
| Chapter 3 --Priority and Payment --Secured Claims |
| |
| Overview |
| Federal Tax Liens |
| Creation Of The Federal Tax Lien |
| Property Of The Taxpayer Subject To The Lien |
| Requirements For Validly Noticed Federal Tax Lien |
| Comparative Rights Of Lienholders |
| The Federal Tax Lien And Bankruptcy |
| Introduction |
| Avoidance Of Improperly Noticed Liens |
| Chapter 7 And Payment Of The Federal Tax Lien And §724 |
| Chapters 11, 12, And 13 And Payment Of The Federal Tax Lien 325.04 |
| Treatment Of Tax Liens Attached To Pensions |
| The Creation Of A Lien By Right Of Setoff |
| Postpetition Liens |
| Charging §506(C) Expenses |
| |
| Chapter 4 --Priority and Payment --Unsecured Chapter 7 Claims |
| |
| Overview |
| Claims Prior To Unsecured Tax Claims |
| Maintenance And Child Support |
| Administrative Expenses |
| Involuntary Gap Payments |
| Certain Wages |
| Certain Employee Benefit Plan Contributions |
| Certain Claims For Grain Farmers And Fishers |
| Certain Consumer Deposits |
| Priority Unsecured Tax Claims |
| Taxes Due On Recent Tax Years |
| Recently Assessed Taxes |
| Other Still-Assessable Taxes |
| Certain Property Taxes |
| Trust Fund Type Liabilities |
| Certain Employer's Employment Taxes |
| Recent Excise Taxes |
| Certain Custom Taxes |
| Pecuniary Loss Penalties |
| Remaining Payment Order |
| |
| Chapter 5 --Priority and Payment --Chapters 11, 13, and 12 |
| |
| Overview |
| Chapter 11 Plans |
| Secured Claims |
| Priority Claims |
| Nonpriority/Nondischargeable Claims In Chapter 7 |
| Nonpriority Claims And Plan Approval |
| Penalties Are Not Subordinated |
| Postconfirmation Taxes |
| Chapter 13 Plans |
| Good Faith |
| Dollar Limits |
| Secured Claims |
| Costs Of Administration |
| Priority Claims |
| Nonpriority Claims: Required Payments Of Projected Disposable Income Over The Applicable Commitment Period |
| Claims Under §1305 |
| The Limited Chapter 13 Discharge |
| Penalties Are Not Subordinated |
| Effect Of Confirmation And Other Miscellaneous Rules |
| Chapter 20S |
| Summary |
| Chapter 12 Plans |
| Eligibility |
| Secured Claims |
| Priority Claims |
| Nonpriority Claims |
| Penalties Are Not Subordinated |
| Allocation Of Payments Upon Receipt By Irs |
| |
| Chapter 6 --Dischargeability of Some Tax Debts |
| |
| Overview |
| Summary Of Discharge In Chapters 7, 11, 13, And 12 |
| Chapter 7 --Global Denial For Bad Acts |
| Special Denial: Chapter 7 --Summary Of Nondischargeable 615.02 |
| Taxes |
| Chapter 11 |
| Chapters 13 And 12 |
| Involuntary Gap Taxes And Priority Unsecured Tax Claims (Priority/Nondischargeable) |
| Nonfiled And Recently Late-Filed Returns (Nonpriority/Nondischargeable) |
| Fraudulent Returns And Evasion Of Tax (Nonpriority/Nondischargeable) |
| General Unsecured Tax Liabilities (Nonpriority/Dischargeable) |
| |
| Chapter 7 --Classifying Tax Claims |
| |
| Overview |
| Prepetition Tax |
| Prepetition Interest On Prepetition Tax |
| Prepetition Penalty On Prepetition Tax |
| Two Independent Grounds For Discharge |
| Other Discharge Issues |
| Payment |
| Postpetition Interest On Prepetition Tax |
| Postpetition Penalty On Prepetition Tax |
| Postpetition Tax |
| Postpetition Interest On Postpetition Tax |
| Postpetition Penalty On Postpetition Tax |
| |
| Chapter 8 --Unliquidated Tax Claims |
| |
| Overview |
| Bankruptcy Court Jurisdiction |
| Introduction To Bankruptcy Court Jurisdiction |
| To Determine The Amount Of A Tax Claim |
| To Determine Estate's Right To Refund |
| To Determine Dischargeability |
| To Provide Declaratory Relief |
| Who Hears The Case? |
| Tax Court Petition Not Yet Filed |
| Tax Court Case Pending |
| Bankruptcy Pending And Dispute Arises As To Postpetition Taxes |
| Comparing The Tax Court And The Bankruptcy Court |
| Automatic Stay |
| Interaction Of Automatic Stay And Statutes Of Limitation |
| Claim Filing By Governmental Unit |
| Forcing Claim Determination |
| Sovereign Immunity And Entry Of Money Judgments Against The Federal Government |
| Bankruptcy Code |
| Tax Code |
| Equal Access To Justice Act |
| Sovereign Immunity And Actions Involving State Governmental Units |
| |
| Chapter 9 --Clearing the BAPCPA Hurdles |
| |
| Overview |
| Testing For Abuse In Chapter 7 |
| General Inquiry For Abuse |
| Abuse Presumed If §707(B)(2) Formula So Indicates |
| Transfer Of The Abuse Testing Rules From Chapter 7 To Chapter 13 |
| Exemptions |
| Discouraging Multiple Filings By Same Debtor |
| Serial Filers And The Discharge Rules |
| Serial Filers And The Automatic Stay |
| Debtor's Educational Requirements |
| Before Filing |
| Before Discharge |
| The Special Requirements Of The Debtor's Attorney |
| Tax Return --Filing Requirements |
| Rules Pertaining To Tax Years Ending Before The Petition Date |
| Rules Pertaining To Tax Years Ending After The Petition Date |
| |
| Chapter 10 --The Intractable Trust Fund Tax Problem |
| |
| Overview |
| Trust Fund Tax Liability |
| Responsible Person |
| Willful Nonpayment |
| Procedural Rules |
| Payment Allocation |
| In Bankruptcy (Priority/Nondischargeable) |
| Remedies For A Responsible Person |
| Statutes Of Limitation On Assessment And Collection |
| Beware The Naked Assessment |
| Allocation Of Tax Payments |
| Chapter 13 |
| Contribution |
| File Proof Of Claim |
| Loan To Employer |
| Assignment Or Subrogation |
| Injunctive Relief Under Chapter 11 Plan |
| Interest Not Deductible |
| Protecting The Nonliable Spouse In Community Property States |
| Financial Planning |
| Trust Fund Taxes And Preference Actions |
| Elements Of A Preference Action |
| Reference Defenses |
| Trust Fund And Preferences --The Per Se Defense |
| Appendix --Practice Tools |
| Introduction |
| Exploring §507(A)(8)(A) |
| Interaction Of Priority And Distribution In Chapter 7 |
| Sample Chapter 13 Plan With Uneven Payments |
| Sample Chapter 13 Plan Using Postpetition Appreciation |
| Federal Or State Exemptions? |
| Filing Strategies |
| Granvold Form |
| Granvold Form Case Study |
| Irm Flowcharts |
| Computing The Future Income Portion Of An Offer |
| Case Study --Property Buy-Off, Oic, And Chapter 13 |
| Exploring The Abuse Testing Rules |
| Puzzling Aspects Of Abuse Testing |
| Abuse Testing Forms From The Bankruptcy Rules Advisory Committee |
| Intersection Of Community Property Distribution Rule Of §726(C)(2) With Washington Community Property Law |
| Creditor's Rights To Reach Washington Community Property |
| Community Claims In The Bankruptcy Code |
| Bankruptcy Code Distribution Rules |
| Examples |
| Discharge Injunction And The Community Claim In The Nonliable Spouse's Bankruptcy Case |
| |
| Index |
| |