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Session Description
These transactions involve transfers of property securing a loan to the creditor in satisfaction of the debt. The applicable federal tax rules determines the amount of taxable gain realized by the debtor. The rules also determine if the creditor realizes a beneficial bad debt deduction and/or gain or loss on its acquisition. A central issue is how tax law deals with the question of the fair market value of the property. This session will illustrate the alternatives to debtors and creditors and potential planning considerations impacting after tax cash results to both parties.
Learning Outcomes
Participants will understand how tax law operates in credit bid, foreclosure and deed in lieu transactions including how the tax law treats the issue of what is the fair market value of the property involved in the transaction. Such understanding can assist participants in representing their clients when property securing a loan is transferred from the debtor to the lender to satisfy the debt.
Target Audience
Business
Suggested Speakers
Richard
Liebman
rliebman@bdo.com
First Name
Richard
Last Name
Liebman
Email
rliebman@bdo.com
Firm
BDO USA P.C.
Session Description
Double entry accounting and financial statement literacy, cash flow projections, monthly operating report basics - the new forms.
Tax issues.
Adult ADHD diagnoses - coping skills - (luncheon speaker?)
Substance abuse
Boycott Arizona until they change their 1800s laws regarding women's health. Go back to Terranea. I will not be attending.
Target Audience
Business
First Name
ELISA
Last Name
SARTORI
Email
esartori@greenridgeservices.com
Firm
Greenridge Financial Services LLC

IRS Sues FDIC over Silicon Valley Bank's $1.4 Billion Tax Debt

Submitted by jhartgen@abi.org on

The U.S. Internal Revenue Service on Tuesday sued the Federal Deposit Insurance Corporation, asking a judge to determine how much the FDIC must pay to cover an estimated $1.45 billion tax debt owed by the failed Silicon Valley Bank, Reuters reported. The FDIC, which seized SVB and its assets in March 2023, has denied the entire tax claim, according to a complaint filed in federal court in Washington. The IRS said the court should overrule the FDIC's decision to deny the tax claim, and make a new determination on the validity and amount of taxes owed. The FDIC is acting as a receiver for the bank, gathering the bank's assets and using them to repay SVB's creditors. The IRS said that its initial $1.45 billion claim was an estimated total for taxes due between 2020 and 2023, and that it was still reviewing SVB's tax returns when it filed the claim. The IRS later learned that some of the employment taxes included in its claim have already been paid. The IRS and the FDIC did not immediately respond to requests for comment on the dispute. Santa Clara, California-based SVB became one of the largest bank failures in U.S. history when it collapsed on March 10, sending shockwaves through the regional banking industry in the U.S. and disrupting many tech startups that housed their cash at the bank. The FDIC has also been sued by SVB Financial, SVB's former parent company, over its seizure of $1.93 billion in cash during its takeover of the bank.

IronNet Has Filed for Chapter 11

Submitted by ckanon@abi.org on
Despite ceasing operations last month, McLean, Va., cyber company IronNet isn’t quite done yet, Technical.ly reported. The company announced plans to file for chapter 11, and around the time the company closed operations, a Securities and Exchange Commission filing said that IronNet would likely have to file for chapter 7. According to a press release, IronNet inked a binding term sheet with ITC Global Advisors for a $10 million debtor-in-possession financing facility. In the following days, the company filed motions for relief that would allow it to continue its operations throughout the restructuring, which were approved Oct. 13. The court also authorized an interim reinstatement agreement with Amazon Web Services so IronNet could reactivate its cloud-computing tools. Signs of significant trouble first emerged in September, when IronNet curtailed operations and furloughed almost all of its employees, eyeing bankruptcy. A few weeks later, it officially ceased operations and terminated the remaining employees of the company and its subsidiaries, but IronNet’s issues go even further back. In 2021, it went public via a SPAC merger with LGL Systems, but it has since been delisted. A suit filed against the company in 2022 claimed IronNet’s then-CEO Keith Alexander misled investors and falsified claims around government contracts and revenue dollars. The company laid off approximately 35% of staff in September of last year after reporting huge losses and missing quarterly report filings, as well.
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Instant Pot Maker Gets $30 Million of Fresh Bankruptcy Financing

Submitted by jhartgen@abi.org on

Instant Brands, maker of the Instant Pot pressure cooker and Pyrex glassware, received court approval on Tuesday to borrow an additional $30 million to fund itself through bankruptcy, Bloomberg News reported. The company has been negotiating with vendors critical to the production of its hallmark kitchen gadgets, and the talks made clear that Instant Brands needed additional money, according to company attorney Brian Resnick. The company has already spent $132.5 million of bankruptcy financing secured at the start of its chapter 11 case, according to court papers. “It became apparent as these negotiations proceeded that the debtors would need additional financing to honor the agreements and in order to maintain a stable business,” Resnick said in a bankruptcy hearing Tuesday. Meanwhile, the manufacturer is in the throes of soliciting interest from potential bidders to sell some or all of its assets. The bid deadline is September 7.

IRS Steps Toward a New Free-File Tax Return System Have Both Supporters and Critics Mobilizing

Submitted by ckanon@abi.org on
An IRS plan to test drive a new electronic free-file tax return system next year has got supporters and critics of the idea mobilizing to sway the public and Congress over whether the government should set up a permanent program to help people file their taxes without needing to pay somebody else to figure out what they owe, the Associated Press reported. On one side, civil society groups launched a coalition to promote the move toward a government-run free-file program. On the other, tax preparation firms have been pouring millions into trying to stop the idea cold. The advocacy groups are exponentially out-monied. Federal law doesn’t require domestic lobbyists to itemize expenses by specific issue, so the sums are not limited to free-file. The IRS in May released a report that said most taxpayers are interested in filing their taxes directly to the IRS for free, and concurrently announced plans to launch the pilot program for the 2024 filing season. The goal is to test a direct file system that will help the IRS decide whether to move forward with a more permanent program. That idea has faced the immediate threat of budget cuts from congressional Republicans. Republicans on the House Appropriations Committee in June proposed a budget rider that would prohibit funds to be used for the IRS to create a government-run tax preparation software, unless approved by a group of House and Senate committees. The move “safeguards the IRS from an obvious conflict of interest where the tax collector becomes the tax preparer,” the bill’s summary states. A Government Accountability Report in April 2022 found that 70% of taxpayers were eligible to use an existing free-file program but just 3% actually used the service.