Bankruptcy Taxation

Circuits are split on whether nonpayment of taxes alone establishes the ‘conduct’ requirement making taxes nondischargeable for having evaded payment of taxes.

Should Courts Use the Separate-Filings Rule to Allocate Tax Refunds Among Spouses? By James C. Lanik When spouses file a joint chapter 7 petition, two estates are created, 1 although those estates are typically jointly administered. 2 The allocation of joint tax refunds

Whoever was overwithheld is entitled to the IRS refund when one spouse doesn’t file, Judge Michael Slade says.

President’s Column The Winter Leadership Conference (WLC) is here! I look forward to seeing everyone this month at the beautiful Phoenician Scottsdale resort in Scottsdale, Ariz. As a lifelong East Coaster (born in Philadelphia, raised in South Jersey, and currently

Cryptocurrency, Blockchain and Bankruptcy By W. Marc Schwartz, Christopher S. Roberts and Kyung S. Lee When “cryptocurrency” and “bankruptcy” are used in the same sentence, one immediately associates the terms with headlines of potential billion-dollar losses suffered

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corporate and individual debtors are

The lack of perfection of a federal tax lien did not mean that the entireties interest was exempt under Section 522(b)(3).

Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.