Extract
Tax and pension claims in bankruptcy.
EXECUTIVE SUMMARY
* Individuals may elect to bifurcate Federal income tax liability for the filing tax year. * Corporations and partnership cannot elect bifurcation; however, pre-and postpetition taxes are assigned significantly different priority status and treatment in bankruptcy proceedings. * Payments not normally considered taxes may nonotheless be deemed taxes for bankruptcy purposes. Planning in bankruptcy may produce valuable savings for vulnerable clients. Part II of this two-part article examines specific types of tax and pension claims, bifurcation of tax liability and other helpful bankruptcy planning considerations. Nontax creditors and debtors in bankruptcy will generally seek the lowest priority for tax claims, while governmental tax claimants will claim the highest possible priority. The priority of tax claims and their characterization as tax claims in the first place can be significant factors in the outcome of a bankruptcy proceeding. In the August 2003 issue, Part I of this two-part article provided a general summary of bankruptcy law and claims rules and how they relate to tax. Part II, below, examines how (1) the priority of specific tax and...See the full content of this document
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