Can the IRS Do That? The Statutory (or Secret) Tax Lien
In re Rios, 649 B.R. 30 (Bkrtcy. E.D. Wis. 2023) involves the IRS “secret” or “statutory lien” under Internal Revenue Code section... Read More
Is the IRS Bound to What it Says? A Case Where the IRS Cannot “Eat Its Cake and Have it Too.”
In re Anderson, 650 B.R. 510 (Bkrtcy. W.D. Tenn. 2023), is an interesting case because the court concluded that the debtor’s taxes... Read More
The Federal Tax Lien and Exemptions: Handling IRS Enforcement of Valid Tax Liens
This article provides advice for guiding clients that seek to discharge taxes in bankruptcy and practical guidance to help avoid common pitfalls... Read More
Consequences of Failing to Report Federal Changes to the California FTB or Filing State Returns
On Oct. 14, 2021, the Ninth Circuit Court of Appeals in Berkovich affirmed the decision from the Bankruptcy Appellate Panel (BAP) that because a... Read More
Staying IRS Enforced Collection Action Through Bankruptcy
An advantage of filing bankruptcy is that it can stop certain collection actions by the IRS. For example, suppose that a taxpayer... Read More
Reduction of Tax Attributes under I.R.C. § 108(b)
A taxpayer does not always get to eat cake and keep it too. When discharge of indebtedness (other than real property business... Read More
Taxation of the Bankruptcy Estate
The taxation of the bankruptcy state is not always obvious, and below are the key highlights for debtors to keep in mind. ... Read More
