- 14 - Cir., Sept. 12, 1996); In re Page, 163 Bankr. 196, 197-198 (Bankr. D. Kan. 1994). As explained in the recent opinion of the Court of Appeals for the Sixth Circuit -- The * * * [taxpayers] argue that the statutory period was in fact tolled during the pendency of their bankruptcy proceeding, under section 346(i)(2) of the Bankruptcy Code, 11 U.S.C. sec. 346(i)(2). [11 U.S.C.] Section 346(i)(2), like I.R.C. section 1398(i), provides that at the close of a bankruptcy proceeding, debtors shall succeed to any unused tax attributes (including NOLs) to which the estate originally succeeded at the inception of the proceeding. Unlike I.R.C. section 1398(i), though, 11 U.S.C. sec. 346(i)(2) goes on to state: "The debtor may utilize such tax attributes as though any applicable time limitations on such utilization by the debtor were suspended during the time during which the case was pending." On its face, this language appears to support the * * * [taxpayers’] contention that I.R.C. section 6511(a) should have been tolled. The sweep of this sentence is significantly circumscribed, however, by [11 U.S.C.] sec. 346(a), which states: Except to the extent otherwise provided in this section, subsections (b), (c), (d), (e), (g), (h), (i), and (j) of this section apply notwithstanding any State or local law imposing a tax, but subject to the Internal Revenue Code of 1986. 11 U.S.C. sec. 346(a). In this context, "subject to the Internal Revenue Code" essentially means that the named Bankruptcy Code subsections, including the tolling provision in subsection (i), have no effect on the Federal tax laws. Such is the holding in In re Page, 163 B.R. 196, 197-98 (Bankr. D. Kan. 1994), where the court found [11 U.S.C.] sec. 346(a) "not extremely well-drafted" but clear enough to make subsection (i) applicable "only to State and local laws." [Firsdon v. United States, __ F.3d __ (6th Cir., Sept. 12, 1996)].Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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