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Bankruptcy and Insolvency Taxation, 4th Edition by Robert Liquerman, Grant W. Newton

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CHAPTER ELEVEN

Tax Priorities and Discharge

§ 11.1 Introduction

§ 11.2 Priorities

(a) General Provisions

(b) Administration Expenses

(i) Interest and Penalties on Administrative Tax Claims

(ii) Bifurcation of Corporate Taxes

(c) “Involuntary Gap” Claims

(d) Prepetition Wages

(e) Prepetition Tax Priority

(i) Income and Gross Receipts Taxes

(A) Three-Year Period

(B) Assessed within 240 Days

(C) Tax Is Assessable

(ii) Property Taxes

(iii) Withholding Taxes

(iv) Employer’s Taxes

(v) Excise Taxes

(vi) Customs Duties

(f) 100 Percent (Withholding Tax) Penalty

(i) Responsible Person

(A) Willfulness

(ii) IRS Procedure

(iii) Designation of Payments

(iv) Enforcement of Liability against Officers

(g) Tax Penalty

(h) Interest

(i) Postpetition Interest on Secured Tax Claims

(i) Accruing Interest Expense

(j) Interest Receivable

(k) Interest Paid by Guarantor

(l) Erroneous Refunds or Credits

(m) Chapter 11 Reorganization

(n) Dismissal of Bankruptcy Petition

(o) Chapter 12 and Chapter 13 Adjustments

(p) Impact of Plan on Tax Liability

(q) Taxes on Liquidation Sales

§ 11.3 Tax Discharge

(a) Introduction

(b) Individual Debtors

(i) Failure to File Tax Returns

(ii) Delinquent Returns

(iii) Fraudulent Returns or Attempts to Evade or Defeat the Tax

(iv) Penalties

(v) Failure to File Proof of Claim

(vi) Impact of Discharge

(vii) Chapter 13

(viii) Chapter 11 Cases Filed by Individuals

(A) Property Acquired Postpetition Including Earnings

(B) Future Earnings in Plan

(C) Plan Confirmation

(D) Domestic Support ...

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