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S-Corporation Commercial Bankruptcy

Rivkin Radler LLP

Debtor Corp’s S Election: “Property” in Bankruptcy?

Rivkin Radler LLP on

Uncertain Future- The Congressional Budget Office (“CBO”) recently released some data for the federal government’s 2023 fiscal year. According to the CBO, the federal budget deficit for the year was $1.7 trillion, or...more

Miles & Stockbridge P.C.

Buyer Beware: S-Corp Status Can Be Revoked Anytime; Even in Bankruptcy

One of the best-known features of bankruptcy law is the automatic stay, which prevents a variety of actions to collect debts and to take possession or control of anything considered “property of the estate.” However, one...more

Kramer Levin Naftalis & Frankel LLP

Flow-through Tax Status as a Property Right? The Case of Schroeder Brothers Farms

A recent case from the Western District of Wisconsin, In re Schroeder Brothers Farms of Camp Douglas LLP, may raise a new issue for the bankruptcy treatment of tax attributes in flow-through entities. The court in Schroeder...more

Farrell Fritz, P.C.

“Checking The Box” – For A Pass-through Entity In Bankruptcy?

Farrell Fritz, P.C. on

Tax and bankruptcy: “Can two divorced men share an apartment without driving each other crazy” or “Two great tastes that taste great together”? For years I have told my partners that there are two kinds of “codes”: those...more

Farrell Fritz, P.C.

Revoking S Corp. Status: A Fraudulent Conveyance?

Farrell Fritz, P.C. on

Worlds Collide? I like to tell my partners that there are Codes (upper case “C”), and there are codes (lower case “c”). The former include the Ten Commandments, the Code of Hammurabi, the Code of Justinian, and the...more

Patterson Belknap Webb & Tyler LLP

Debtor’s Subchapter S Status Isn’t Property of the Estate

This post examines an interesting intersection between bankruptcy and tax laws: if a corporation terminates its Subchapter S status pre-bankruptcy, can a bankruptcy trustee bring fraudulent transfer claims against the...more

Troutman Pepper

Duty of Consistency Doctrine - Effective Sword for the IRS, but Not Likely a Shield for Taxpayers - Tax Update Volume 2016, Issue...

Troutman Pepper on

Two recent cases illustrate the IRS’ ability to successfully argue that taxpayers should not benefit from their own mistakes if they result in less tax being paid. Two recent cases highlight the most current view of the...more

Greenberg Glusker LLP

Escaping Taxes in Bankruptcy Through S Corporations

Greenberg Glusker LLP on

Shareholders of financially troubled S corporations may now be able to avoid the flow-through of taxes when the S corporation or its subsidiary files bankruptcy. ...more

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