- 12 - return. Under these circumstances petitioner is ineligible for low-income housing credits. C. Alleged Waiver of Petitioner’s Income Taxes Lastly, petitioner argues that respondent “waived all claims for payment [of taxes] * * * at the September 26, 1997 bankruptcy court confirmation hearing.” At the plan confirmation hearing, counsel for the Commissioner withdrew a previous objection because the confirmed plan called for the full payment of employment taxes due and owing by V&M Management. There were no claims against V&M Management for income tax liabilities because an S corporation is not generally liable for income tax. We agree with respondent that petitioner is obviously confusing V&M Management with himself. The record demonstrates that V&M Management, and not petitioner, filed a petition for reorganization in bankruptcy. The Commissioner filed proofs of claim in the bankruptcy case for unpaid employment taxes. It was these taxes, owed by V&M Management, which were at issue in the bankruptcy proceeding. A plan of reorganization was confirmed by the bankruptcy court to which the Commissioner had no objection. In contrast, here, petitioner filed a petition seeking redetermination of a deficiency of income taxes determined against him. V&M Management is not a party to these proceedings. Although the amount of the deficiency that respondent determined is directly related to the sale of the Mandela Apartments by V&MPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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