- 8 - confirmed plan. The debtor argued that the principles of res judicata and equitable estoppel prohibited the Commissioner from assessing additional tax for 1986. The provisions of a confirmed plan generally bind the debtor and the creditors whether or not the debtor’s claim or interest is impaired under the plan and irrespective of whether the debtor has accepted the plan. 11 U.S.C. sec. 1141 (2000). Excepted from discharge under 11 U.S.C. sec. 1141, however, are any debts outlined in 11 U.S.C. sec. 523 (2000). The court in In re DePaolo, supra at 375, held that a confirmed plan does not discharge an individual debtor from any tax debt within the purview of 11 U.S.C. sec. 507(a)(7) (now 11 U.S.C. sec. 507(a)(8)), whether or not a claim for such tax was filed or allowed. The court in In re DePaolo, supra, opined: While principles of res judicata apply generally to bankruptcy proceedings, the plain language of 1141 and 523 forbid the application of those principles to the facts of this case. By expressly providing that the described taxes are not discharged “whether or not a claim for such taxes was filed or allowed,” 11 U.S.C. 523(a)(1)(A)(emphasis added), Congress has determined that the IRS may make a claim for taxes for a particular year in a bankruptcy proceeding, accept the judgment of the bankruptcy court, then audit and make additional claims for that same year, even though such conduct may seem inequitable or may impair the debtor’s fresh start. * * * “although allowing the IRS to pursue its claim after the confirmation and consummation of a Chapter 11 plan admittedly conflicts with the ‘fresh start’ policy animating the [Bankruptcy] Code’s discharge provisions, ‘it is apparent to us that Congress has made the choice between collection of revenue and rehabilitation of the debtor by making it extremely difficult for a debtor toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011