Bankruptcy Taxation

Addressing Uncertain Tax Positions in Chapter 11 Bankruptcy: Risks for Post-Petition Management

Elevating Tax Exposures in Bankruptcy Proceedings

Complacency Can Forfeit Even the Most "Certain" of Claims

Following the ratification of the Constitution in 1788, Benjamin Franklin famously wrote that “[o]ur new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.”[1] Franklin’s second certainty is assured by the Constitution’s Taxing Clause,[2] which the Supreme Court has concluded “is exhaustive and embraces every conceivable power of taxation.”[3] But what good i

Taxation Without Representation? Due Process and Limits on Revocation of the S-Corp Election for Chapter 7 Debtors

July 2025

Restructuring? Beware of the Book Minimum Tax Regulations

Aug 2025

Supreme Court Holds: § 106(a) Doesn’t Waive Sovereign Immunity for § 544(b) Suits

In an 8-1 opinion, the Supreme Court holds that the waiver of sovereign immunity under Section 106(a) does not extend to suits brought by a trustee under state law standing in the shoes of an actual creditor.

Chicago Judge Devises a Better Method to Allocate Income Tax Refunds Between Spouses

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

A District Court Decision Implies that Marshaling Is Impermissible in Bankruptcy

The circuits are split on whether a bankruptcy court can compel marshalling by the IRS.

Supreme Court Hears Argument on Allowing a Trustee to Sue the IRS for Fraudulent Transfers

Most justices seemed inclined to believe that the waiver of sovereign immunity in Section 106(a) does not abrogate the “actual creditor” requirement in Section 544(b)(1).

Inside ABI December 2024

Dec 2024

Tax Tactics in Bankruptcy: Leveraging § 505 After Loper Bright

Nov 2024